Terms and Conditions

These General Terms and Conditions (Terms) govern all services provided by Alin Ghiorghiu, sole proprietorship, Schürbungertweg 10, 8302 Kloten, Switzerland (hereinafter “HostOn” or “we”), under the HostOn brand via hoston.ch and the client area my.hoston.ch. The contracting party is the person or company that places the order (hereinafter the “Customer”).

The components of the contract, in the following order of precedence, are: (1) individual agreements made in writing, (2) the service description and the price at the time of the order, (3) the Special Provisions in these Terms (clauses B1–B7), (4) the other clauses of these Terms, (5) the Acceptable use policy. The Privacy policy provides information on the processing of personal data.

Any terms and conditions of the Customer that deviate from these Terms apply only if we expressly agree to them in writing. By placing an order, and at the latest by using a service, the Customer accepts these Terms in the version in force at the time.

The version currently in force can always be found at hoston.ch/en/terms (legally binding German version: hoston.ch/agb). You can save it using “Print / PDF” at the top of the page.

The presentation of our products on the website does not constitute a binding offer. By completing the order in the client area, the Customer submits a binding offer. The contract is concluded as soon as we confirm the order by email or provide the service. Before submitting, the Customer can review and correct all entries in the cart.

The Customer must have legal capacity and be at least 18 years old. The Customer undertakes to provide truthful and complete information and to keep it up to date (name, company, address, email, telephone).

We may at any time request proof of identity, of authority to represent or of authorisation to pay (e.g. a copy of an identity document, an extract from the commercial register). If such proof is not provided within the time limit set, we may postpone provisioning, suspend the service or terminate the contract without notice. We may refuse orders without giving reasons, in particular where fraud or abuse is suspected or in the case of persons and organisations on Swiss or international sanctions lists.

Access credentials for the client area, cPanel, mailboxes and servers must be kept secret. The Customer is responsible for all actions carried out using their access credentials and must report any suspected misuse immediately to support@hoston.ch.

The scope and features of the services are set out in the service description at the time of the order (package name, resources, term, price). Statements such as “unlimited” apply within the scope of normal use in accordance with clause 9 (Fair use).

We provide our services with due care and in accordance with the current state of the art, and we endeavour to ensure uninterrupted operation around the clock. No specific availability is assured unless it has been expressly agreed in writing as a guaranteed value (SLA). Interruptions for maintenance, updates, troubleshooting or to protect the infrastructure are possible; we announce planned work in advance where possible and schedule it for low-traffic periods.

We may further develop services, replace technical components (e.g. software versions, servers, data centre) and engage third parties as subcontractors, provided that the agreed core features are retained. We work with specialised partners for the registration of domains and the issuing of SSL certificates.

We provide free additional services (e.g. tools on the website, Let’s Encrypt certificates, assistance) on a voluntary basis. They may be changed or discontinued without prior notice.

All prices are in Swiss francs (CHF) and include statutory value added tax (currently 8.1 %). For customers domiciled outside Switzerland and Liechtenstein, the invoice may be issued without Swiss VAT in accordance with the statutory requirements.

Services are invoiced in advance for the selected term. We issue invoices for renewals approximately 14 days before the end of the term and send them to the email address stored in the client area. The invoice must be paid by the stated due date. Payment can be made using the payment methods offered in the client area.

Price guarantee on renewal

For web hosting, WordPress, VPS and email packages, the price agreed when the contract was concluded applies to every renewal, as long as the contract is renewed without interruption in the same package. Changes to the statutory VAT and price changes to which the Customer expressly agrees (e.g. when changing package) are reserved.

Domain prices depend on the prices of the respective registry. We show the registration price and the renewal price separately before the order. If a registry increases its prices or the exchange rate changes significantly, we may adjust the renewal price accordingly; we will inform the Customer by email at least 30 days before the next renewal.

The Customer may not set off its claims against our claims. Bank charges and fees for the chosen means of payment are borne by the Customer.

If an invoice is not paid by the due date, the Customer is in default without any further reminder. The following procedure applies:

Default interest of 5 % per year is owed. Suspension does not affect the obligation to pay for the current term. Once payment has been made in full, we normally lift the suspension within one working day. The costs of collection and debt enforcement are borne by the Customer.

If a domain is not renewed because of late payment, it may be registered by third parties after it expires. Restoration is only possible within the registry’s time limits and against payment of the fees charged there (see clause B4).

The term begins when the service is provided. Web hosting, WordPress and email packages and SSL certificates run for 12 months, VPS for either 1 or 12 months, and domains for 1 to 10 years depending on the order.

Unless cancelled, the contract renews automatically for the same term. The Customer may cancel at any time with effect from the end of the term in the client area under “Request cancellation”; the cancellation must be received no later than 14 days before expiry. We may cancel by email subject to the same notice period.

Fees already paid are not refunded pro rata on cancellation, unless there is a right of withdrawal (see the “Right of withdrawal” page) or a mandatory statutory provision requires it.

Extraordinary termination

We may terminate the contract without notice and suspend the service immediately if the Customer seriously breaches these Terms or the Acceptable use policy, or repeatedly breaches them despite a warning, distributes unlawful content, provides false information, becomes bankrupt or insolvent, or if the Customer’s conduct exposes us to the risk of liability, criminal prosecution or significant damage to our reputation. In these cases, the fees remain owed until the ordinary end of the term; further claims for damages are reserved.

After the end of the contract

The right of use ends when the contract ends. We permanently delete the stored data no earlier than 14 days after the end of the contract, including backups after their retention period has expired. The Customer is responsible for backing up their data or transferring it to another provider in good time before the end of the contract. Clause B4 applies to domains.

• Use the services only lawfully and in accordance with these Terms and the Acceptable use policy.
• Keep installed software (e.g. WordPress, plugins, themes, scripts, the operating system on a VPS) up to date, install security updates promptly and delete applications that are no longer needed.
• Use secure, unique passwords and not disclose access credentials to unauthorised persons.
• Keep contact details in the client area up to date; notices sent to the email address on file are deemed to have been delivered.
• Cooperate in the event of faults, provide the necessary information and grant us access insofar as this is necessary to resolve the fault.
• Fulfil their own legal obligations as a website operator, in particular regarding the legal notice, privacy policy and consents.
• Not sublet or resell the services to third parties without our written consent.

If the Customer’s conduct causes us work (e.g. cleaning up a hacked account, handling abuse reports, troubleshooting where the cause lies with the Customer), we may charge for this work at an hourly rate of CHF 120 (incl. VAT) after informing the Customer in advance.

The Customer is solely responsible for all content that the Customer or third parties store, publish or send via the Customer’s services – including linked content and content generated with artificial intelligence. We are not obliged to monitor content.

We observe the Code of Conduct Hosting (CCH) and the Code of Conduct Domain Names (CCD) of the industry association Swico. We forward reports of allegedly unlawful content to the Customer under the “notice and notice” procedure and ask the Customer to remove the content or to justify it to the reporting person. The Customer is responsible for informing themselves about these codes (swico.ch).

We may block a website, a mailbox, a server or a domain in whole or in part and discontinue the service (“notice and takedown”) if (a) content is highly likely to be unlawful, (b) a court or authority orders this, (c) we could otherwise become liable or criminally liable ourselves, (d) a spot check reveals specific indications of a violation, or (e) the security or stability of our infrastructure is at risk (e.g. malware, phishing, sending spam, attacks, a compromised account). In urgent cases, we block without informing the Customer beforehand and inform the Customer immediately afterwards.

The work involved in handling reports and measures may be charged to the Customer; we may require reasonable security. We disclose the Customer’s identity to third parties only on the written order of a court or authority or with the Customer’s consent.

The Customer indemnifies us against all third-party claims arising from the Customer’s content or unlawful use, including reasonable costs of legal defence – irrespective of the limitation of liability in clause 12.

The packages are designed for operating websites, shops and email mailboxes to the usual extent of private individuals, self-employed persons and SMEs. Each package has technical limits for CPU, memory, processes, input/output (I/O), number of files (inodes) and emails sent per hour. If a limit is reached, performance is throttled; no data is lost as a result.

“Unlimited” (e.g. mailboxes, databases, data traffic) means that we do not set a fixed number. However, fair use applies: storage and resources may only be used to operate the Customer’s own websites and mailboxes, not as data storage, backup storage for third parties, or a file-sharing, streaming or download platform.

If a customer’s use affects other customers or the infrastructure, we may restrict the use, terminate individual processes or require a move to a suitable package or to a VPS. Except in cases of urgent danger, we inform the Customer in advance.

For web hosting, WordPress and email packages, we create automatic daily backups and retain them for the period stated in the package. The Customer can restore files, databases and mailboxes themselves in cPanel.

Our backups are an additional service. They do not replace the Customer’s own backups. We give no warranty that a backup is complete, free of errors or available for a specific point in time. Temporary files, caches and spam folders are not backed up, or only to a limited extent.

Please back up important data yourself regularly, e.g. via the backup download in cPanel or an email client. For VPS, the Customer is solely responsible for backups (see clause B2).

We warrant that the services are provided with due care. We do not warrant that the services are available at all times without interruption and free of errors, that data transmissions are always error-free and timely, or that the Customer achieves a particular economic purpose with the services.

Defects must be reported to us immediately by support ticket or by email to support@hoston.ch with a comprehensible description. We remedy reported defects within a reasonable period. If this is not achieved within 30 days of the report, the Customer may terminate the affected contract without notice and receives a pro rata refund of the fee paid for the unused term. Further claims exist only within the scope of clause 12.

We provide third-party software (e.g. cPanel, Softaculous, WordPress, plugins, operating system images) as supplied by the manufacturer (“as is”). The respective manufacturer is responsible for its functioning, security and licence terms.

We are liable without limitation for damage caused by us intentionally or through gross negligence, for personal injury and insofar as liability exists under mandatory law (e.g. the Product Liability Act).

For direct and proven damage caused by medium negligence, our liability per contract year is limited to the amount paid by the Customer for the affected service in the preceding 12 months, but to no more than CHF 10,000.

To the extent permitted by law, liability is excluded for:

• slight negligence;
• indirect and consequential damage such as loss of profit, loss of revenue, damage to reputation, unrealised savings and third-party claims;
• loss of or damage to data, insofar as the damage could have been avoided had the Customer made proper backups of their own;
• damage caused by third-party attacks (e.g. hacking, DDoS, malware), by security vulnerabilities in software installed by the Customer and by our defensive measures against such attacks;
• damage arising from unlawful use or use contrary to the contract by the Customer;
• damage caused by spam, virus and phishing filters (e.g. emails not delivered or incorrectly flagged);
• acts and omissions of registries, certification authorities, payment providers and other third parties over which we have no influence;
• auxiliary persons, to the extent permitted by law (Art. 101 para. 2 of the Swiss Code of Obligations (CO)).

We are not liable for delays or failures attributable to events beyond our control, in particular natural events, epidemics, war, terrorism, sabotage, official measures, power outages, disruptions to third-party telecommunications networks and data centres, large-scale cyber attacks and supply shortages. If such an event lasts longer than 30 days, either party may terminate the affected contract without notice; fees already paid for the term not provided are refunded pro rata.

We process personal data in accordance with the Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details are set out in the Privacy policy.

For the data that the Customer stores in their hosting services, mailboxes and servers (e.g. data of visitors to the Customer’s website), the Customer is the controller and we are the processor. The following applies:

• We process this data only to provide the agreed service and in accordance with the Customer’s instructions as set out in the contract and the settings in the client area.
• We take appropriate technical and organisational measures (including access restrictions, encrypted transmission, isolation of accounts, daily backups, updates).
• Persons with access are bound to confidentiality.
• The Customer consents to the engagement of the sub-processors named in the Privacy policy. We inform the Customer of new sub-processors with reasonable advance notice; the Customer may object for good cause and terminate the affected contract.
• We notify the Customer as quickly as possible of data security breaches affecting customer data.
• We provide the Customer with reasonable support in handling requests from data subjects; the work involved may be charged.
• After the end of the contract, the data is deleted in accordance with clause 6.

Customer data is stored in data centres in the European Union whose level of data protection is recognised as adequate by the Federal Council. The Customer is responsible for ensuring that their own processing is lawful.

For the duration of the contract, the Customer receives a non-transferable, non-exclusive right to use the services and the software provided for them. All rights to software, documentation and content of HostOn and our suppliers remain with the respective owners. The licence terms of third-party software apply in addition.

The Customer warrants that they hold the necessary rights to all content they store or publish.

We may amend these Terms, the Acceptable use policy and the service descriptions, in particular in the event of technical developments, new legal requirements or changes to our suppliers’ terms. We announce changes at least 30 days before they take effect by email and on hoston.ch.

If the changes are materially disadvantageous to the Customer, the Customer may terminate the affected contract with effect from the date on which they take effect, up until that date, and receives a pro rata refund of fees already paid for the remaining term. If the Customer does not terminate, the changes are deemed accepted. The price guarantee under clause 4 is not affected by changes.

Notices are given by email to the address stored in the client area or to our addresses stated on hoston.ch; email satisfies the requirement of written form unless something else is expressly required.

The Customer may transfer rights and obligations under the contract to third parties only with our written consent. We may transfer the contract to a successor company, in particular if the sole proprietorship is converted into a company; the Customer will be informed of this.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions is not affected. The invalid provision is replaced by a provision that comes closest to its economic purpose.

The German version of these Terms is authoritative. Translations are provided for information purposes.

These Terms are governed exclusively by Swiss law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG). The exclusive place of jurisdiction is Kloten. For consumers, the mandatory places of jurisdiction at their place of residence apply in addition.

Web hosting and WordPress packages run on shared servers with cPanel, LiteSpeed and CloudLinux. Each account is isolated and receives the resources stated in the package (CPU, RAM, processes, I/O, inodes, storage, number of domains or WordPress websites).

• Root access is not possible. SSH, Node.js and Python are available in the packages in which they are listed.
• Free SSL certificates (Let’s Encrypt/AutoSSL) are issued automatically, provided the domain points to our servers. There is no entitlement to issuance.
• Sending email is limited per hour. Mass mailing (newsletters to large lists) is only permitted via specialised mailing services.
• For WordPress packages, we provide tools for updates, staging and caching. The Customer decides whether and when updates are installed and remains responsible for the compatibility and security of their plugins and themes.
• We provide older PHP versions only for as long as is justifiable for security reasons. Versions that are no longer supported may be removed after prior notice.

A change of package is possible at any time. For an upgrade, we charge the price difference pro rata for the current term; a downgrade takes effect at the end of the term, provided the usage fits into the smaller package.

VPS are virtual servers (KVM) with guaranteed resources and full root access. They are offered unmanaged: the Customer is the sole administrator of their server.

• Installation, configuration, updates, firewall, monitoring and backup of the operating system and all applications are the sole responsibility of the Customer. Our support is limited to the availability of the virtual machine, the network and the console.
• Snapshots or images are not backups. We do not back up the data on the VPS unless a backup add-on has been expressly ordered.
• Assigned IP addresses remain our property and cannot be kept after the contract ends. IP addresses may be changed for technical or operational reasons after prior notice.
• Open mail relays, open DNS resolvers, open proxies, Tor exit nodes, network scans, crypto mining and sending unsolicited emails are prohibited (see the Acceptable use policy).
• In the event of attacks from or on the server, compromised systems, abuse or danger to the infrastructure, we may immediately disconnect the server from the network (null routing) or stop it.
• Costs arising from our IP addresses being listed on blocklists (blacklists) because of the Customer’s conduct are borne by the Customer.
• After the end of the contract, virtual disks are permanently deleted no earlier than 7 days later.

Email packages include mailboxes with the stated storage, webmail, IMAP/POP3/SMTP and spam and virus protection for the Customer’s own domains. The domain must be registered with the Customer or with us; the DNS records (MX, SPF, DKIM) must be set according to our specifications.

• Spam and virus filters work automatically. Wanted emails may be incorrectly flagged as spam or rejected, and unwanted emails may be let through.
• We may reject or delete emails containing malware or clearly fraudulent content. We may report phishing messages to bodies such as antiphishing.ch.
• Sending is limited per mailbox and per hour. Mass mailing, sending to purchased address lists and sending without the recipients’ consent are prohibited.
• Mailbox size is limited. If a mailbox is full, new messages are rejected.

We arrange the registration, renewal and transfer of domains through accredited registration partners with the competent registries. Each domain is additionally subject to the provisions of the respective registry (for .ch and .li, the provisions of the registry under the Ordinance on Internet Domains (OID); for generic extensions, the requirements of ICANN) and of our registration partner. The Customer accepts these provisions by placing the order and is responsible for keeping informed of any changes.

• Domains are allocated on a “first come, first served” basis. There is no entitlement to allocation until confirmation by the registry; displayed availability is not binding.
• The Customer is entered as the holder (registrant) and receives a right of use, not ownership. The Customer is solely responsible for ensuring that the registration and use do not infringe third-party rights (in particular trademark and name rights). We do not check entitlement.
• The holder and contact data must be complete and correct. If incorrect information is not corrected within 10 days of our request, or if a requested email confirmation is not carried out, the domain may be blocked or deleted.
• Depending on the extension, holder data is displayed in the public directory (RDAP/WHOIS) or disclosed to authorities and authorised third parties.
• Orders are binding. The Customer checks the spelling before submitting. Registered domains cannot be cancelled or exchanged.

Renewal and expiry

Domains are renewed automatically, provided the invoice is paid in good time before expiry. If it is not paid, we are not obliged to renew the domain. Depending on the extension, an expired domain can be recovered during a registry grace period against a restoration fee; after that, it is released for new registration. We are not liable for losses resulting from late payment.

Transfer to another provider

The Customer receives the transfer code (auth code) in the client area or on request within two working days, provided all invoices for the domain have been paid. A transfer remains blocked while proceedings concerning the domain are pending or where a registry rule provides for this (e.g. a lock period of 60 days after registration, transfer or change of holder for generic extensions). Paid terms are not refunded when a domain is transferred away.

Domain disputes

Disputes about entitlement to a domain are subject to the registry’s dispute resolution procedures: for .ch and .li, the procedure of the WIPO Arbitration and Mediation Center; for generic extensions, the Uniform Domain Name Dispute Resolution Policy (UDRP). We implement decisions of courts, authorities and dispute resolution bodies. Registries and authorities may block or delete domains, in particular in cases of phishing or malware; the Customer accepts these measures.

The Customer indemnifies HostOn, our registration partner and the registry against all third-party claims arising from the registration or use of the Customer’s domains.

Paid SSL certificates (DV, OV, EV, Wildcard) are issued by an independent certification authority (CA) in accordance with its policies. Issuance requires successful validation of the domain and – for OV/EV – of the organisation. We are not responsible for the duration of the validation or its outcome.

• The Customer must comply with the terms of the certification authority (Subscriber Agreement) and cooperate in the validation.
• The certification authority may revoke a certificate if information is incorrect, the private key has been compromised or the certificate is misused.
• Refunds are excluded after issuance. If a certificate cannot be validated within 30 days for reasons attributable to the Customer, we may cancel the order and retain a processing fee of no more than CHF 20.
• Any warranty of the certification authority is governed exclusively by its terms.

We offer the free migration service in connection with a new web hosting or WordPress package. We transfer files, databases and emails from the previous provider to the new account.

• The Customer warrants that they are entitled to dispose of the website, the mailboxes and the access credentials. We may request proof.
• The Customer provides the necessary access, cooperates and, after the migration, changes all passwords they have given us. Cancelling with the previous provider is the Customer’s responsibility.
• Changes to design, program code or functions are not included. Minor technical differences between the old and new environment are possible.
• The migration is deemed accepted if the Customer does not report material defects within 10 days of our notice of completion.
• We may abort a migration for technical reasons. In this case, the Customer may cancel the newly ordered package free of charge within 14 days.
• We delete temporary copies and the access credentials provided once the migration has been completed.

Installers and third-party applications are available via cPanel (e.g. Softaculous, WordPress Toolkit, Sitejet). We provide them voluntarily, without any support obligation, “as is”, and may change, restrict or remove them at any time. By using them, the Customer accepts the licence terms of the respective manufacturer. The Customer is responsible for updating installed applications.

If the Customer uses third-party offers accessible via our services (e.g. payment providers, plugins, external services), the contract is concluded directly with the third party.