Terms and Conditions of Service

1. Agreement and Parties

These Terms and Conditions of Service (the "Terms") form a legally binding agreement between Technologia FZE, a Free Zone Establishment registered at the Sharjah Research, Technology and Innovation Park (SRTIP), Sharjah, United Arab Emirates ("Technologia", "Whostpress", "we", "us", "our"), and you, the person or entity using our services ("Customer", "you", "your").

By creating an account, placing an order, or otherwise using our services, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, our Refund Policy, and our Acceptable Use Policy (collectively, the "Agreement").

2. Definitions

• "Services" means the hosting, domain-registration, email, SSL, security, and related products that we provide.
• "Customer Content" means data, software, files, communications, and other materials that you or your end users transmit to or store on our infrastructure.
• "Acceptable Use Policy" or "AUP" means the rules governing the use of our Services, as set out in Section 6 below.
• "Subscription Term" means the period for which you have paid in advance to receive a Service.

3. Eligibility and Account Registration

You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract to use our Services. By registering, you represent that the information you provide is accurate, complete, and current, and you agree to keep it up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised access at [email protected].

4. Description of Services

We offer shared hosting, WordPress hosting, cPanel hosting, virtual private servers, dedicated servers, domain registration and transfer, SSL certificates, business email, and related products. Specifications, resource limits, and features for each product are described on the relevant product page at whostpress.com and form part of this Agreement when you place an order.

5. Service Level and Availability

We target a network and infrastructure availability of 99.9% per calendar month for our shared and WordPress hosting products, measured at our edge. Availability excludes scheduled maintenance (announced at least 24 hours in advance), force-majeure events, third-party network failures outside our reasonable control, and any downtime resulting from Customer Content, customer configuration, or breach of these Terms. Where we fail to meet the targeted availability, your remedy is a service credit applied to your next invoice in accordance with the procedure set out at whostpress.com/supporttickets.php.

6. Acceptable Use Policy

You agree not to use the Services, and not to permit any end user or third party to use the Services, to:

• Violate any applicable UAE federal or local law, the laws of the recipient's jurisdiction, or any international law, including export controls, sanctions, and anti-money-laundering regulations.
• Distribute or facilitate the distribution of malware, ransomware, spyware, viruses, worms, trojans, or any malicious code.
• Engage in phishing, identity theft, fraud, or any form of social-engineering attack.
• Send unsolicited commercial communications (spam), operate open mail relays, or violate the CAN-SPAM Act or comparable anti-spam legislation.
• Host or distribute child sexual abuse material, content that incites or supports terrorism or violent extremism, or any other content that is illegal in the UAE.
• Infringe the intellectual-property rights of any third party (copyright, trademark, patent, trade secret).
• Operate a botnet, DDoS attack origin or amplifier, or any other infrastructure designed to attack third-party systems.
• Conduct unauthorised port scanning, network probing, penetration testing, or vulnerability research against systems for which you do not have explicit written permission.
• Mine cryptocurrency on shared hosting plans, or use any Service in a way that consumes disproportionate resources and degrades service to other customers.
• Resell or sublicense the Services except where you have purchased a reseller product and within the limits of that product.

We may suspend or terminate any account that violates this AUP, with or without prior notice depending on the severity of the breach. Reports of abuse may be sent to [email protected].

7. Domain Names

When you register a domain name through us, the registration is made on your behalf with an ICANN-accredited registrar. You agree to comply with the registration agreements of the relevant registrar and registry, including the maintenance of accurate WHOIS information. We are not the registry and have no authority over registry policy. Domain registrations are non-refundable once submitted to the registry (see our Refund Policy).

8. Customer Content and Intellectual Property

You retain all ownership rights in Customer Content. You grant us a limited, non-exclusive licence to host, copy, transmit, and display Customer Content solely as necessary to provide the Services to you.

All rights in and to the Whostpress brand, the website, our software, documentation, and underlying technology are owned by Technologia FZE or our licensors. No licence is granted to you in respect of any of these other than the limited right to use the Services in accordance with these Terms.

9. Payment, Renewals, and Taxes

Fees are payable in advance for each Subscription Term. We accept payment in United Arab Emirates Dirham (AED) and United States Dollars (USD) through our authorised payment providers (Stripe, PayPal, and any other gateways we may add). All fees are exclusive of taxes; UAE Value Added Tax (VAT) at the prevailing rate (currently 5%) will be added where required by UAE Federal Tax Authority rules.

Subscriptions renew automatically at the end of each Subscription Term unless you cancel auto-renewal at least 24 hours before the renewal date. If a payment fails, we will attempt to reach you to update your payment method. Continued non-payment may result in suspension of the Service and, after a reasonable cure period, termination of the Service and deletion of Customer Content.

10. Refunds

Refunds are governed by our Refund Policy, which forms part of these Terms.

11. Suspension and Termination

We may suspend or terminate your account or any Service at any time for: breach of these Terms or the AUP; non-payment beyond the agreed cure period; a legal obligation; a credible threat to the security of our infrastructure or of other customers; or extended inactivity. Where the breach is curable and the circumstances permit, we will give you reasonable notice and an opportunity to cure.

On termination, your right to use the Services ends immediately. We will retain Customer Content for thirty (30) days after termination to allow you to retrieve it (extendable on request and subject to applicable fees), after which it will be permanently deleted.

12. Privacy and Data Protection

Our handling of your personal data is described in our Privacy Policy. Where we process personal data on your behalf (for example, end-user data within content you host on our infrastructure), we act as a processor and you act as the controller; on request we will enter into a Data Processing Agreement (DPA) on commercially reasonable terms.

13. Confidentiality

Each party will protect the other's non-public information disclosed in connection with this Agreement with the same care it takes for its own confidential information and at least with reasonable care, and will use it only for the purposes of this Agreement.

14. Warranties and Disclaimers

Except as expressly stated in these Terms, the Services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that all defects will be corrected.

15. Limitation of Liability

To the maximum extent permitted by law, in no event shall Technologia FZE, its affiliates, officers, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the Services, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.

Our total cumulative liability arising out of or relating to this Agreement, whether in contract or tort, shall not exceed the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in this Agreement excludes or limits any liability which cannot lawfully be excluded or limited under applicable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Technologia FZE and its affiliates from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of (a) Customer Content; (b) your breach of these Terms or the AUP; or (c) your violation of any law or third-party right.

17. Force Majeure

Neither party is liable for failure to perform under this Agreement to the extent caused by events beyond its reasonable control, including acts of God, war, civil unrest, terrorism, government action, pandemic, internet or power outages of third-party providers, and natural disasters.

18. Changes to These Terms

We may amend these Terms from time to time. Material changes will be notified by email or by a prominent notice in the client area at least thirty (30) days before they take effect. Your continued use of the Services after the effective date of the changes constitutes acceptance. If you do not accept the changes, you may terminate your account before the effective date and request a pro-rata refund of any unused prepaid fees.

19. Governing Law and Jurisdiction

This Agreement is governed by the federal laws of the United Arab Emirates and the regulations of the Sharjah Research, Technology and Innovation Park (SRTIP) Free Zone, without regard to conflict-of-laws principles. Any dispute arising out of or in connection with this Agreement that cannot be resolved through good-faith negotiation shall be submitted to the exclusive jurisdiction of the competent courts of the Emirate of Sharjah, United Arab Emirates, save that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

20. Compliance with Sanctions and Export Controls

You represent that you are not located in, ordinarily resident in, organised under the laws of, or owned or controlled by a person located in any country or territory subject to comprehensive UAE, UN, EU, UK, or US sanctions, and that you are not a person identified on any applicable sanctions or restricted-party list. You agree to comply with all applicable export-control and sanctions laws in your use of the Services.

21. Assignment

You may not assign or transfer this Agreement or any of your rights or obligations under it without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, with notice to you.

22. Notices

We may give notice under this Agreement by posting in the client area, by email to the address on your account, or by certified mail to the address on your account. You must give notice to us by email to [email protected] or by registered mail to our registered office at SRTIP, Sharjah, UAE.

23. Severability and Entire Agreement

If any provision of this Agreement is held to be unenforceable, the remaining provisions remain in full force and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. This Agreement, together with the documents referenced in Section 1, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings.

24. Contact Us

For questions about these Terms:

Technologia FZE (Whostpress)
SRTIP, Sharjah, United Arab Emirates
Legal: [email protected]
General: [email protected]
Support: whostpress.com/supporttickets.php