Content

I. General
II. Contracting
III. Applicability
IV. Financial
V. Liability
VI. Data Integrity
VII. Support / Assistance
VIII. Content policy
IX. Usage policy
X. Resources
XI. Validity

I. General

The use of the word "Hypercube" throughout these terms and conditions will identify the company WEBWIZ S.R.L. located in Municipiul Bucureşti, sector 1, Str. Valea Merilor, Nr. 35, Corp C2, Mansarda as the service provider. The services offered by Hypercube are aimed at individuals, legal entities, legal institutions, etc., who have the legal capacity to be part of a contractual collaboration. Terms, conditions, and descriptions of the operation of the services offered to which reference is made in this document in the form of external links are an integral part of these Terms and Conditions. Additional terms and conditions, even if known, are not part of this document unless they are expressly introduced and mutually acknowledged.

Hypercube is the sole owner of all materials and information available on the Website. Clients or visitors of the Website will be unable to copy, reproduce, distribute, publicly communicate, or retransmit any such material or parts thereof, in any form and by any means.

Hypercube reserves the right to suspend the services offered in case of violation of the provisions below or in the absence of a timely response regarding these violations. Hypercube also reserves the right to disclose customer information in accordance with the Privacy Policy to meet any legal requirements. In the event that this disclosure does not need to remain confidential, the customer will be notified in this regard.

Hypercube reserves the right to delete any account with a 15-day notice. Any term not stated in this document is open to interpretation and change by Hypercube without prior notice.

II. Contracting

Acceptance in advance of these Terms and Conditions is necessary for any endeavor regarding the purchase of services offered by Hypercube. At the moment of placing an order, the client assumes the initiation of a contractual collaboration with Hypercube. We will instantaneously confirm this initiation, but this confirmation does not represent an obligation for the client or Hypercube to proceed with the activation of the order. We reserve the right to accept or refuse a client's order after examining the authenticity and the level of trust presented by the client regarding the order.

By placing an order, the client declares and guarantees on their own responsibility that they have the legal capacity to purchase the services offered by Hypercube for themselves or for the company they represent.
They undertake to complete all fields regarding their identification with correct and valid data, necessary for the collaboration with Hypercube. The client is aware that providing incorrect or incomplete information may affect Hypercube's ability to deliver the contracted services and, in certain situations, may lead to the refusal of activating these services by Hypercube. The data entered by the client is processed and managed in accordance with the Privacy Policy as well as the Data Processing Agreement.

III. Applicability

The present provisions apply to all Hypercube customers, holders of any of the packages or services offered on the website, with the use of the services provided taking place only under these Terms and Conditions, which apply to all contractual relationships between the client and Hypercube. The law under which these terms and conditions operate is the one valid at the time of initiating the collaboration. The services offered by Hypercube under the contract are those available on the website Hypercube.

Identifying all possible interpretations of these Terms and Conditions, as well as covering all possible situations that may arise, is almost impossible. Therefore, any situation or term that is not directly or indirectly presented or addressed in this document falls under the interpretation of Hypercube.

IV. Financial

General

The current rates are those displayed on the website Hypercube.
Depending on the chosen service, the billing period may vary. All payments will be made based on the pro forma invoice issued by Hypercube. The client agrees to pay for the services in advance for the period in which they are provided.
Invoices are issued and payable in USD.

Shipping

Invoices are sent in electronic format via email as attachments and can be downloaded at any time from the client account. Upon request, they can also be sent with the signature of the authorized personnel on them. In the case that the client requests the invoices to be sent in physical format, the shipping cost will be borne by the client.

Deferral/Suspension/Reactivation

The hosting services offered by Hypercube are active by default for 7 days after the due date presented on the proforma invoice.
Services that Hypercube purchases from other providers (e.g., domains, licenses, SSL certificates) can only be renewed at the time of payment, as they have an expiration period equal to the due date on the proforma invoice.
Clients have the option to request a payment deferment for Hypercube's hosting services at any time. The deferment can be granted for a maximum period of 14 days from the due date related to the hosting package. In exceptional cases, after a detailed assessment of the situation by the Hypercube support team, a possible exception may be considered by granting a payment deferment that exceeds 14 days.

Customers' accounts that have not paid the fees for service provision by no later than 7 days after the due date shown on the pro forma invoice will be automatically suspended in the absence of proof of payment or a request for a deferral.
Proof of payment will only result in the activation/reactivation of the ordered/owned services.
Hypercube reserves the right to reopen/reactivate accounts only after the full payment of all amounts owed by the customer.

Non-payment

Hypercube reserves the right to reduce the validity period of services paid in advance to compensate for amounts owed by the client for services rendered but not paid.
Compensation through this method will be based on the issued pro forma invoices.
Hypercube reserves the right to suspend the client's account in case of non-payment of the invoice by the due date indicated on the issued invoice.
In the event that the payment is overdue by more than 30 days, the account along with all existing data on it will be automatically deleted from the server.
Any subsequent request regarding the retrieval or restoration of data on the account at the time of deletion, provided that a backup copy still exists, will be treated within a minimum of 2 hours of support for shared packages without Reseller rights.
The additional support will depend on the type of hosting package as well as the amount of data associated with it.
The amount of support hours necessary for restoration will be determined and communicated to the client following an analysis performed by the Hypercube technical operators.

Upgrade / Downgrade

The client has the possibility to upgrade or downgrade the purchased services at any time. For an upgrade, only the difference between the initial package and the one to which the upgrade will be made will be charged for the remaining prepaid period of the initial package. For a downgrade, the remaining credit may be used to extend the associated service; however, we recommend consulting the Hypercube team regarding your own needs before these operations.
The credit for the downgrade is calculated only for the fully prepaid months, in relation to the date of the request for the operation and the next due date.
Upgrade/downgrade operations or transitions to a new offer are carried out free of charge only once within a 60-day interval. In the case of a new request of this type during that period, Hypercube reserves the right to charge for the procedure within the purchased support hours.
Upgrade/downgrade operations that involve account merges, regardless of the time interval in which they are carried out, will be charged within the purchased support hours.
Upgrade/downgrade operations that involve changes to the control panel, made at the request submitted by the client, will be charged within the purchased support hours.

Money Back

The client has the right to request a refund for the services paid to Hypercube at any time, however, their return will be made under the following conditions:

• if the request is made within 30 calendar days from the activation of the order, the customer will be refunded the full amount except in cases that involved data migration from an external provider, in this situation, the amount equivalent to the hours of assistance needed for the transfer will be withheld;
• if the request is made more than 30 calendar days after the customer's order activation, only the amount for the remaining full months paid (in relation to the date of the request of the operation and the next due date) will be refunded;
• if the request has already been made by the client in question, they will only be refunded for the remaining full months paid (in relation to the date of the operation request and the next due date);

Amounts paid will not be refunded for:

• the recovery of backup copies related to hosting accounts after their deletion, regardless of the reason that led to their deletion;
• services suspended or terminated as a result of violating these terms and conditions regardless of whether they are detected directly by members of the Hypercube team or notified by a third party;

The requested refund will be processed by Hypercube within a maximum of 15 working days into the account from which it was paid or into another account indicated by the client;
The refund will be confirmed at the time of processing by issuing a cancellation invoice representing the value of the amount to be refunded;
The period between the cancellation processing and the actual entry of the respective amount into the client's account is not under Hypercube's control, as it is determined by interbank transfer procedures and periods;

From the amount to be refunded, any sum owed by the client based on unpaid proforma invoices issued for services rendered will be retained.

Rate Changes

We reserve the right to modify the prices charged for the services presented on the site at any time.
In the event that the new prices apply to the current services of the customers, they will be notified at least 30 calendar days before they come into effect.
Regarding the modification of prices charged for contracting new services, the minimum notification period is at least 7 calendar days.
Services paid in advance will not be affected by the price changes made except at the time of their renewal.
In the case of price modifications that also involve configuration changes for the contracted services, these will be reflected in the new configurations with price values or configurations as close as possible to the existing configurations.

Payment Processing

Depending on the type of client, the payment method, the date of the transaction, and the payment collection date, there may be an automatic or manual application process. By automatic and manual processing, we refer to the direct involvement of a Hypercube commercial operator in the processing procedure.
Invoices for payments made by card will be issued only up to the penultimate working day of the month. Payments made on the days following this within the same month will be equivalent to invoices issued in the following calendar month according to their appearance on the bank statement.
Regardless of the payment processing method or the date of issuing the invoice, the paid services will be activated as soon as possible by Hypercube after the payment is confirmed by the payment processor.

Hypercube offers the possibility of saving card data on the partner payment processor platforms.
Thus, the customer can add one or more cards to their client account at any time and use them to pay invoices without the need to go through the entire payment process by entering card details and subsequent payment confirmation.
Additionally, parallel to the manual use of the saved card for the invoices of purchased services, it can also be set for recurring payments for one or more services so that as soon as an invoice is issued for that service, the necessary amount for its renewal will be automatically withdrawn from the corresponding card.
By activating recurring payments, the customer grants Hypercube the right to collect or withdraw the necessary amount equivalent to the value of extending the validity period of the service for which recurring payment has been activated.
Recurring payments collected and processed are subject to the general rules of Money Return.

Issuance of proforma invoices is done automatically by Hypercube at the time of invoicing for services, based on the contact and billing information related to the service, data completed and provided by the client.
The data on the proforma invoice (unpaid invoice) can only be modified by the client as long as it has the status of proforma. Modification of this data is no longer possible after payment processing and issuance of the fiscal invoice.
For the data on the proforma invoice to also appear on the fiscal invoice, the payer’s details from the transaction, provided by the bank and the payment processor, must match these. Otherwise, the details of the fiscal invoice will be modified by Hypercube, so that they correspond to the payer's details.
It is the client's responsibility to ensure at the time of payment that the details from which they are about to make the payment match those existing on the proforma invoice.
In certain situations, if the payer's details differ from those on the proforma invoice, Hypercube reserves the right to contact the client for clarification of the situation, as well as to provide additional data for correct invoicing.
Modification of the data on the fiscal invoice is possible with few exceptions, before sending them to the national E-Invoice system, namely only for the current month, before submitting the accounting situation.

Credit / Funds

The client has the option to deposit amounts of money into their account in the form of credit or funds, to be used by the client for future bill payments.
The invoice generated for adding credit will be subject to the tax legislation applicable to the client, which determines the application and level of the VAT rate.
The credit added to the client account will not include the associated VAT paid, however, when using or applying the credit for bill payment, the existing VAT on it will not need to be paid.
The use and application of the amounts will be decided by the client and done manually, as they will not be used or applied automatically.
The credit can be applied to invoices only if its value is equal to or greater than the value of the invoice before applying VAT. Partial payments, more precisely the use of credit to pay an invoice with a value greater than that of the credit, are not possible.
In the event that one or more of the client's services have been renewed in advance or they have consumed more resources than those allocated, Hypercube reserves the right to use these amounts for the corresponding generated invoices.
The financial status of the credit / fund is permanently available in the client account.
When using the credit to pay for certain services, according to current legislation, the corresponding proforma invoices will become Service Provision Estimates.
The only moment when a tax invoice related to the credit is issued is when generating an invoice for adding it.
The minimum amount that can be deposited is €10.00, and the maximum amount is €1000.00. Also, the total funds available at any time cannot exceed the amount of €1000.00.

V. Liability

Hypercube cannot be held responsible for damages caused by the temporary unavailability of equipment or the network, whatever the reason for this interruption may be.
This provision includes damages resulting from the deterioration or loss of data.
The client agrees to indemnify and hold us harmless in connection with any claims, damages, including, but not limited to, damages caused to third parties, resulting as a consequence of the use of services that cause harm to our client.

Hypercube reserves the right to perform short maintenance operations (5-10 minutes) at any time of the day in order to implement measures aimed at improving the characteristics (performance, security, reliability, etc.) of the services offered. These operations may be carried out without prior notification to the affected clients.

Hypercube assumes responsibility in the event that the interruption of service provision was caused intentionally or is the result of negligence on the part of the Hypercube team. The client declares that they understand and agree that the total amount of damages claimed by them for any reason from Hypercube, and that could be paid by Hypercube, shall not exceed in any way and in any case, the total amount of fees paid by the client to the provider on the last invoice for the provision of services for which damages are requested.

The client assumes responsibility for any damages caused to Hypercube directly or indirectly, through the improper use of the services provided, and the violation of these terms and conditions. This includes but is not limited to legal fees, attorney fees, notary fees, and any other expenses.

Hypercube is not and cannot be held responsible for resolving bugs or incidents arising from interventions on the applications used in the event that the manufacturers/suppliers of those applications do not have a solution available for remedying these bugs or they cease to provide technical support.
Hypercube does not assume responsibility regarding the licensing of software products used by the Client, other than those provided by Hypercube.

VI. Data Integrity

In the case of Shared hosting accounts and Servers managed by us, we are responsible for the security of the server but not for the applications installed by the client.
Hypercube does not take responsibility for existing security breaches in the client's applications and for any damages caused by their exploitation.
The liability in this regard falls on the administrator, respectively the application's developer.
Hypercube does not take responsibility for the protection of personal electronic devices used for accessing contracted accounts/services. It is the user's responsibility to ensure that both the applications installed/used on the hosting accounts and their own devices are updated and secured.

The client will have access to accounts through a combination of username and password. They are responsible for keeping this data secure as well as other sensitive information.
The client will be liable for any abuse carried out through the authorized or unauthorized use of this data. If they become aware that an unauthorized third party knows this data, they must reset it immediately.

VII. Support / Assistance

Identification

The support for the services offered is available through the methods and during the time frame presented on the contact page regardless of the type of service contracted.

Depending on the information and/or operations requested, Hypercube operators may resort to identifying the client as the holder of the services that are the subject of their requests.
The identification methods vary depending on the contact method used by the client as follows:

• chat - logging into the client account
• respective email and ticket - using the mailbox associated with the client account for submitting requests

Failure to comply with Hypercube's requests hinders the identification of ownership rights and will result in the inability to respond to the submitted requests.

Response time

Hypercube tries to provide a response time of under 60 minutes for requests sent via email or ticket. However, this time may be influenced by the complexity of the actual issue as well as the number of existing requests at that moment.

Hypercube reserves the right to interrupt the support provided in relation to a client in exceptional cases, such as:

• abuse of support requests
• indecent language and behavior of any kind towards Hypercube team members

The classification of requests as abusive or the language, behavior as indecent, insulting is within the purview of Hypercube.
Any request that is outside the scope of assistance provided by Hypercube within the framework of VPS Managed and Shared Hosting will be handled through the corresponding support hours and the Managed Hosting service.

These requests include but are not limited to:

• device and mail client configurations
• assistance with installed applications
• any other request outside the scope of standard Hypercube support

Clients who provide Hypercube services to third parties are responsible for managing the services offered to that third party and for providing the necessary technical support.
Hypercube will not provide technical assistance to those third parties in situations where it is not possible to identify and determine the nature of the relationship between the Hypercube client and the third party.

Shared Hosting

Shared hosting package customers benefit from support during support hours regarding the operation and functionality of the services installed on the server.
At the shared server level, changes that would affect the operation of services or the server for other customers on that server will not be implemented.

VIII. Content Policy

The services offered by Hypercube give you the freedom to upload, deploy, and use applications for both private and commercial use.
The use of various applications through Hypercube's services is subject to the Terms and Conditions of those applications.

It is the client's responsibility to identify their own information and that belonging to other individuals, legal entities, and any other entities.
Compliance with copyright, registered trademarks, and other types of intellectual property is the responsibility of the client, and therefore, the client agrees not to publish content that may infringe the rights of third parties or applicable laws.

The Hypercube equipment and network may only be used for legal purposes.
The transmission, storage, or distribution of any information, data, or materials that violate the legal provisions in force or that, directly or indirectly, may facilitate the violation of any legal provision, is prohibited.

Under no circumstances and by no means will the services offered by Hypercube be used for the communication of, reference to, or direction towards any of the following.

• materials or informational content that infringes copyright, trademark rights, as well as any other intellectual property rights belonging to a third party
• nudity, pornography, any image or text with sexual or obscene content, without complying with the applicable legal conditions
• child pornography
• threats, abuse, harassment, defamatory statements
• any image or text intended to encourage xenophobia;
• text or materials of a violent nature
• defamatory, insulting, disparaging, or slanderous content
• content with racial or discriminatory character
• content that is deceptive, false, misleading, or fraudulent
• content that invades the privacy of a third party or violates their legal rights
• vulgar, obscene, indecent or illegal content
• viruses, trojan horses or other similar
• pirated software or software targeting those who pirate software or engage in any similar activities

The client agrees to respond to Hypercube's requests regarding complaints made by third parties regarding the website content within 5 days of receiving the notification via email. Hypercube is not obliged to verify or review the content published by clients.
Hypercube reserves the right to remove or modify at its discretion any client content determined to violate these terms and conditions with prior notice.
Hypercube reserves the right to suspend the account of any client who violates these provisions without any prior notice.

In the event that the client collects/processes personal data, it is their responsibility to ensure that this collection/processing is in compliance with the applicable legislation.

IX. Usage Policy

This policy is necessary to protect the quality of the hosting service.
We aim to meet the requirements of all our customers by offering quality services, a goal that can be achieved with the support of the customer.
The way the customer uses the services provided by Hypercube is closely linked to the proper functioning of the equipment and the network, necessitating the provision of an adequate environment for hosting facilities.

We do not allow the use of programs that run continuously in the background.
We do not allow the running of scripts through cron jobs set at intervals of less than 5 minutes.
We do not allow the use of CGI scripts.

The following activities are prohibited:

• using Hypercube services for the creation or transmission of computer viruses, worms, flooding, mail bombing, or engaging in denial of service attacks
• the use of scripts for proxy or IRC, or types like FormMail, PhpShell or other similar ones, including commercial scripts that contain known security vulnerabilities, chat rooms, wap chats; IRC Egg Drop bots, torrent trackers, etc., top sites, online games (except flash ones)
• collecting personal information for illegal purposes
• unauthorized access to data, systems, or networks (phishing, spoofing, proxy, hacking, sniffing, etc.), including any attempt to probe, scan, or test the vulnerability of the system or network or to create security breaches without the authorization of the network or system owner
• any intervention on the service provided to a user, on a server or network such as: mail bombing, flooding, deliberate actions to overload the system
• TCP-IP packet spoofing
• to upload infected, corrupted files or any other software or similar application that could harm a third party
• to restrict or prevent any other user from using Hypercube services
• to collect or gather information or email addresses of third parties without their consent

Any attempt to damage the servers or clients is strictly prohibited. Any activity that affects the proper functioning of the server will be considered abuse and will be regarded as an attempt to harm other colocated clients.
Any script that poses a potential security risk or may affect the performance of the servers or the security of the network will be automatically closed or removed without prior notification.

Hypercube reserves the right to act quickly to remove, block, or reset access to any account, application, activity, or information that by its nature may affect the operation of the respective equipment of the Hypercube network or may harm the rights of a third party.

Mail

In order to ensure the proper functioning of email communication, the following provisions must be considered by the client.
According to legal provisions, it is prohibited to carry out commercial communications via electronic mail, unless the recipient has previously expressed their explicit consent to receive such communications.

Email lists / Newsletter

Email lists can be operated under the condition that individuals give their express consent in this regard, which must be recorded by the list operator and kept for the entire lifespan of the email list.
Hypercube requires that any commercial email or as part of a mailing list contains simple and visible options for "double opt in/double opt out".
Bulk sending of emails consumes server resources, this action having a negative impact on the quality of services received by the client, and therefore we have some recommendations in this regard:

• the sending should be done early in the morning (by 09:00) or in the evening after 22:00
• the sending should be limited to a few dozen emails/minute

Non-compliance with these recommendations may lead to:

• the email server congestion due to a very high volume of requests, sometimes resulting in the mail server being blocked
• blacklisting the IP address from which the sending is made in multiple spam lists, with repercussions for all clients hosting applications on the server in question
• very low ranking in terms of email services such as Yahoo, Gmail, etc
• large delay in email transmission
• delivery to other email servers may become impossible
• affecting all clients connected to the network due to the improper functioning of the servers.

Hypercube does not limit the number of emails that can be sent per hour but monitors SMTP traffic and reserves the right to intervene, including deleting sent messages and contacting the client if we believe that a certain sending does not fit the volume of the purchased service package or harms the operation of the server.
If the client has an email list, it is recommended to contact Hypercube to establish a good sending practice and to fit into an optimal service package for them.

The limit for an attachment is 25MB. The maximum number of recipients for a message is 25.

We do not recommend/allow sending to a larger number of CC/BCC subscribers because if even one address in the recipient list is incorrect/non-functional, the entire message will remain blocked on the server.
In order to prevent any negative effects on the functioning of the services, Hypercube reserves the right to limit certain parameters of the email service provided to clients at any time.

Anti Spam Policy

The sending of unsolicited commercial messages (SPAM) to promote any site using our servers or through third-party servers to promote any site or application hosted on the Hypercube network will result in the suspension or cancellation of the client's hosting account, without any prior notification.

Hypercube does not allow the use of its services directly or indirectly for sending, transmitting, handling or delivering email messages:

• unsolicited (spam) in violation of any existing laws in this regard
• to email addresses obtained through harvesting methods
• to addresses that are incomplete or inaccurate
• that do not comply with the best practices in the industry
• to purchased, rented or borrowed lists
• to lists that will generate a high number of SPAM complaints
• to addresses that will lead to the IP being listed in blacklists
• that use or contain spoofed headers
• that use or contain non-existent domain names
• that hide or try to complicate the discovery of the origin point of the transmission
• that use other misleading addressing methods
• that use the domain name of a third party without their consent
• sent through a third-party server without their consent
• that contain false or misleading information

The client agrees to respond to Hypercube's requests regarding complaints made by third parties concerning its activities within 5 days of receiving the notification.
Hypercube reserves the right to request at any time evidence regarding the consent given by the subscriber to the list operator regarding the sending of messages.
Hypercube reserves the right to request the list operator the methods of subscription/unsubscription presented to subscribers.
Hypercube reserves the right to suspend the activity of the account in case these provisions are not respected.

Email sending / receiving

Hypercube cannot guarantee the delivery of emails sent from its equipment and network to the recipients' Inbox.
Hypercube also cannot guarantee the delivery of emails regardless of the location of the sender/recipient (internal/external to the Hypercube network).

The sending and receiving of an email can be affected by several internal or external factors, among which we enumerate:

• mailboxes without available space that can no longer receive messages
• Sender IPs included in various blacklists whose connection to the destination mail server is blocked
• malfunctions regarding sending/receiving mail servers
• malfunctions at the internal/external network level
• mail servers with aggressive spam filters
• email content considered spam by the sender/recipient server
• attachments that exceed the size limits accepted by the sender/recipient mail server
• temporary rejections of email messages due to greylisting policies
• etc.

Multizone Hosting Packages

For proper function of multizone shared hosting packages, it is mandatory that all websites that are part of a multizone shared hosting account to use the DNS configuration provided at account creation. It is necessary for a domain that is hosted with a multizone package to use the Nameserver records associated with the zone.

We do not offer technical support, uptime guarantees or any other form of assistance for domains using multizone hosting that do not correctly configure the DNS settings as instructed in the Account Details Email received on package purchase.

X. Resources

Each shared hosting account has its own resources according to the type of package purchased. A detailed list of these resources can be viewed by accessing the resource usage page.
All accounts are monitored to track their resource consumption.
Hypercube reserves the right to contact the customer regarding an upgrade of the held package or with suggestions for improving performance if one or all of the resources of the held hosting account are frequently used to their maximum capacity.

On shared hosting accounts, files larger than 500 MB cannot be stored, with the exception of the account backup.
Hypercube services cannot be used for audio streaming, video streaming, file sharing, image sharing.
It is also prohibited to use our servers as storage (e.g., movies, mp3s, pictures, archives, software kits, etc.)

Hypercube reserves the right to suspend applications or accounts whose activity hinders or affects in any way the proper functioning of the server without prior notice.

To present the extensive capacity of the features of the services offered, in some situations, words such as "Unlimited" and/or "Unmetered" may be used to describe them.
These words refer to the capacity to utilize a high amount of resources and not the possibility of unrestricted use of those resources, more specifically without the existence of an upper threshold associated.
These thresholds within the resources that can be created or added (mailboxes, subdomains, parked domains, complementary domains, etc.) are set at the number (quantity) 999.
Regarding the threshold for monthly traffic, it is determined by the bandwidth allocated to the contracted service, at a constant speed of XMb/s (bandwidth/second), and it is not possible to exceed a traffic of X*S/Monthly (bandwidth/second * number of seconds in the month).

Resource Usage

XI. Validity

This document is valid for an indefinite period.
Hypercube reserves the right to make changes to this document, which is why customers are asked to consult it periodically.
The changes made to this document are available at the following address: Terms updates
In the case of major changes, customers will be notified via email.
If you have additional questions, please contact us.

Last updated 02.04.2025