99Genesis.com (“99Genesis”, “us”, “we”, or “our”) has developed this Terms of Service (“TOS”) document to govern 99Genesis’s online services (“Services”) which consist of Domain Registrations/Transfers/Management, Shared Hosting, Semi-Dedicated Hosting, Reseller Hosting, Dedicated Servers, Data Backups and any related add-on products.
We reserve the right to amend this TOS at any time. We will notify you of these changes by sending an email to your contact email address registered on file and posting a complimentary notice in our Client Area. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty. The most recent version of the TOS can be found on our website at: https://www.99Genesis.com/terms-of-service
All prices denoted on the .COM variation of our website are in terms of USD. If your debit or credit card’s primary currency is not USD, your card issuer will apply a conversion based on their exchange rates which we have no control over.
1.2. Delivery of Service
Once your order is placed, our system will automatically provision you with an account which you can use to access our Client Area.
All orders are subjected to an automatic screening process by our system and/or our payment processors(s) to prevent fraud. It is your responsibility to provide us with accurate billing, contact and payment information so that your order will be screened successfully. Providing false contact information of any kind may result in the termination of your account or the rejection of your order.
In the event our automatic screening process marks your order as fraudulent, we may reach out to you to request for additional documents such as your government issued identification and possibly a scan of the credit card used for the purchase. In the event these documents are not provided on request, the order may be considered fraudulent in nature and be denied. These documents will only be reviewed by authorized personnel, however we may retain them for up to 6 months to safeguard against chargebacks and potential frauds. After this 6 months period, we will securely dispose of your documents in order to prevent loss, theft, misuse, or unauthorised access.
Your order is only processed after we receive full payment through any of our supported payment methods. After submitting full payment, it can take a few minutes for our system to process the order.
All orders are delivered electronically via email. If you have any questions about your order, please open a support ticket with us.
We reserve the right to discontinue any of our Services at our sole discretion. If a particular service is to be discontinued, we will provide advance notice of at least 30 days to the Customer.
1.4. Pricing Adjustment
We reserve the right to adjust the prices of any of our Services at our sole discretion. If there is to be a price adjustment, we will provide advance notice of at least 30 days to the Customer. Should the renewal date of the affected Services fall within the 30 days period, the Customer is allowed to renew the Services at the prevailing rates for one more billing cycle.
1.5. Website Transfer
We offer complementary website transfer with the purchase of any of our Services. If you are moving to us from another hosting provider, we can assist with the transfer of your website’s data from your previous hosting provider to our servers.
For Customers purchasing our Reseller Hosting Package, we can assist you in transferring up to 30 cPanel accounts free of charge per order and 20 cPanel accounts on each subsequent month of service. For every 3 cPanel accounts in excess of the aforementioned numbers, a $1.00 charge will apply. For numbers slightly exceeding the aforementioned numbers, we may at our sole discretion waive the additional charges.
Our staffs will make every effort to help you to transfer your website’s data to us, however this is done on a courtesy basis and we cannot make any guarantee about the success of the website transfer and the amount of time involved.
To ensure fairness for all Customers, website transfer requests are processed in the order that we receive them. This process can potentially take up to 48 hours depending on transfer queue size, but we will usually complete them much sooner. If a transfer request needs to be fulfilled before a certain date/time, please reach out to us in advance so it can be scheduled for you.
The process behind a website transfer is dependent on many factors which are often beyond our control. For example, your previous hosting provider’s server may be inaccessible or experiencing technical issues (contributing to high server load, etc). Your previous hosting provider may also have disabled the Backup function, or may be running a different control panel other than cPanel. Any of the aforementioned factors can contribute significantly to the amount of time required to transfer your website’s data, or whether we could even assist you to transfer your website’s data to begin with.
Due to possible differences between your previous provider’s hosting environment and ours, it is possible that your website may not function properly after the transfer. It is your responsibility to check for possible issues, as well as the integrity of your website’s data and inform us immediately if there is any issue, so that we can investigate and address accordingly. You are encouraged to maintain your previous hosting provider’s service for at least 14 days after your website has been transferred to us, in order to allow you buffer time to look through your transferred website’s data thoroughly and raise any possible issue to us for investigation.
All Services provided by 99Genesis may only be used for lawful purposes. The Customer agrees to indemnify and hold harmless 99Genesis from any claims resulting from the use of our Services.
Please refer to our Acceptable Use Policy (AUP) for the policies governing the type of content that can or cannot be hosted on our Services.
If you are uncertain whether the content or usage of your website is allowed under our AUP, please contact our Sales Department directly for clarification.
2.2. Account Security
The security of your cPanel, WHM, FTP, email accounts and billing systems are your responsibility. We recommend your password to be at least 8 characters and contain a combination of at least an upper-case alphabet, a lower-case alphabet, a number and a symbol.
All scripts must be kept up to date (this includes extensions, plugins and themes) or otherwise be secured against unauthorized intrusion or hacking. In the event we are made aware of an account that has been compromised or hacked, we may immediately suspend the cPanel account pending a full investigation. While we do assist in patching of compromised websites under our Best Effort Support, we reserve the right to charge a fee at an hourly rate of $50/hour or refuse assistance at our sole discretion.
3.1. Backups – Data Storage
Encryption: Industry-leading AES-256 encryption is used to encrypt any data that is backed up on our remote backup servers.
Location: We maintain remote backup servers in several locations within Europe and the United States. This means regardless of the hosting location which you selected for your Services, through the backup process, it is possible that your data will be stored in an encrypted form within Europe and the United States. We reserve the right to change the location of the remote backup servers at our sole discretion. If you are a resident of the European Union, your acceptance of this TOS constitutes your explicit permission for us to store and process your data abroad.
3.2. Backups – Customer’s Responsibilities
You agree to take full responsibility for data hosted on your account and to maintain regular backup of all data that you host on our servers.
While we perform routine backup of your data (via JetBackup) on our Shared Hosting, Reseller Hosting and Semi Dedicated services, and provide JetBackup plugins in cPanel for convenient access to the backed up data, these backups are not meant to replace your own backups. The backups we carry out are solely meant for administrative purposes in the event of a disaster recovery.
There is no backup system that is insusceptible to failures. Although we are using some of the best measures in the industry such as implementation of Hardware RAID-10 on all of our servers and having JetBackup (30 Restore Points) in place, we cannot accept any responsibility should backups be unavailable for any reason including but not limited to software issue, data corruption and hardware failure.
Dedicated Server services are not backed up by 99Genesis, unless the Managed Backup add-on is selected during checkout.
4.1. Grounds for Suspension and Termination
Any violation of either this TOS or the other rules, regulations or policies noted on our website may serve as cause for 99Genesis to suspend or terminate your account.
We will at all times notify you first so you can remedy the issue, however depending on the severity of the situation we may have to suspend your account first. For the avoidance of doubt, if you are a Reseller Hosting or a Dedicated Server Customer, only the offending account will be suspended, any other accounts that may reside on your Reseller Hosting Package or your Dedicated Server which are not in breach of our policies will not be suspended.
A grace period of 30 day will be given to work on the issue. If no follow up is provided during the 30 days grace period, the offending account will be terminated from our server and a full backup of the offending account will be offered to you. This is done to ensure compliance with the Terms of Services of not just our company but also the partners that we work with. If you are a Reseller Hosting or Dedicated Server Customer, unless the underlying issue of the offence has been resolved and verified by our staffs, the offending account, including any related domains or content, will not be allowed to be hosted on our Services; failure to comply will be considered a violation of our TOS.
4.2. Customer’s Responsibilities
You are responsible for ensuring that materials disseminated or posted using our Services, including materials that have been posted by third parties, comply with this TOS, and relevant laws. We do not censor, edit, review, or take responsibility for any information Customers or End Users may create, therefore, we cannot accept any responsibility from Customers, users of our Services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
Use of our Services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the Services. The Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our Services as set forth in the TOS.
We accept payment through Apple Pay, Credit Card and PayPal.
If you provide us with a credit card to pay the fees, we will attempt to charge your card no sooner than seven days prior to the open invoice’s due-date. It is your obligation to ensure that your credit card may be charged.
If you have setup a PayPal subscription, PayPal will automatically transfer the due fees to us based on the billing schedule set out in the subscription. It is your obligation to ensure that your PayPal account is sufficiently funded.
Discounts are given for longer Billing Terms. These discounts are given by virtue of the fact you are committing to a longer Billing Term. If you decide to switch to a shorter Billing Term mid-way through your original commitment, the rendered Services will be charged at the pricing rate of the shorter Billing Term and remaining amount will be re-added as credits onto your account. Refund for unused period of hosting is subject to our Refund Policy (Section 5.4).
5.2. Unpaid Invoices
It is your responsibility to ensure that any open invoice has been paid for. If you suspect a billing related problem such as, but not limited to, payment having been submitted but not being reflected in our system or any temporary hold being placed by your card issuer or PayPal, it is your responsibility to notify us.
If an invoice remains unpaid for 3 days past its due-date, a late fee calculated at 15% of the balance amount will be assessed.
If an invoice remains unpaid for 5 days past its due-date, the related Services will be automatically suspended.
If an invoice remains unpaid for 28 days past its due-date, the related Services will be automatically terminated. Reinstation of service will incur a one-time administrative fee of $50.00. We may waive this fee at our sole discretion.
Accounts purchased under a promotion may be subjected to different package offerings than what is stated on the website. Any difference from the actual package offerings will be specifically mentioned along with the promotion clause. If in doubt, please contact our Sales Department for clarification.
5.4. Refund Policy
If you are unhappy with any aspect of our service, please contact our Billing Department which will attempt to rectify the situation. If the issue cannot be fixed, you are entitled to a refund within the first 45 days of service. No refund will be provided past the 45 days period. Violations of our Terms of Service will void the Refund Policy.
Only first-time accounts are eligible for a refund. What this means is if you had signed up with us for more than 45 Days or if you had requested for a refund before, then you will not be eligible for a refund.
Similar to other providers, Dedicated Servers are not covered under our Refund Policy.
Deductions will be made for the following items:
$1 per 3 hosting accounts past 30
Dedicated IP Address
Domain Registration / Renewal / Restoration / Transfer
WHMCS Starter License
WHMCS Plus License
WHMCS Professional License
WHMCS Business License
5.5. Cancellation Procedures
Cancellation requests must be submitted through our Client Area. To do this, navigate to Services > My Services and select the service that you want to cancel. Click on the “Request Cancellation” link under the Actions category. You must complete and submit the form. No other form of cancellation will be accepted.
Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form. Please further note that it is your responsibility to cancel any PayPal subscription that you may have setup.
You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. The affiliate system may not be used to receive a discount on packages ordered for yourself. Any credit or earnings we deem to be suspicious will be removed without warning and not re-added. Affiliate funds are paid out after a 60 days holding period to combat fraud and to allow for our moneyback period.
You agree that any dispute between you and 99Genesis arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and 99Genesis will be submitted by the aggrieved party for binding arbitration under the auspices of the Singapore law.
In the event of any dispute, we will appreciate you working with us to resolve it. We are a company that emphasizes a lot on customer service and we will always try our best to accommodate your requests so long as they are reasonable. However, if a threat is made to us, we reserve the right to cease communication or refuse service.