Please read the following carefully. Users are required to observe following instructions; and in case of non-observance of the rules; Hi Data is allowed to disconnect the related customers’ service with no refund.
1.1 Vendor’s Identity: The Mizban Dadeh Roham, registered under number 2539, with national identifier number 14007756173 and trademark of “Hi Data” is referred to as “Company” in the Terms of Service.
1.2 Buyers’ Identity: Buyers are individual or legal persons whose profiles are found in the support department of the Company’s database of users; and the purchased services are managed under their accounts.
1.3 For the Buyers with legal personality, a duly authorized representative is provided in the support department. Just like the legal persons themselves, these representatives have full authority over the service provided. The obligation to introduce a new representative lies with the Buyers, and the Company will not be held liable for the rights and obligations of the Buyers if it is not received in writing.
1.4 In order to protect the legal rights of the Buyers, all Buyers are required to provide the Company with their identity information, including a copy of their identity card, national card (for individual persons) and request of the legal person, along with a copy of the notice of changes in the IR IRAN GAZETTE. If the Company does not receive these documents at the time of completing the purchase process but it proceeds with the process aiming at facilitating and expediting the related measures, the right to receive these documents is always reserved for the Company; and if the Buyers refuse to provide the documents at the time specified by the Company, their property rights are considered to be abolished, and the consequences of the incorrect disclosure of information will be directly attributable to the buyers themselves. The Company is not responsible for the authenticity of the signatures or documents of the Buyers and their representatives.
1.5 Buyers acknowledge that all provided identity information as well as the addresses and contact numbers, etc., are correct and always try to keep them up-to-date in the support department. The Company has the right to receive this information from Buyers whenever it is needed to control the related information. The Company has the right to suspend the services until the completion of the correct and documented information.
1.6 Buyers or their representative are the owner of the services and all related responsibilities and rights lie with the Buyers or their representatives.
1.7 If, at the request of the customers, and in order to reduce the cost or improve the quality of maintenance and extension services, the particulars of the service providing company has been registered instead of the particulars of the Buyer, the property and all other legal rights and responsibilities will still lie with the related Buyer.
2.1 The Company will be officially in contact with Buyers through their email addresses (their accounts in the support department) and answer to the support department tickets where their account has been registered.
2.2 Buyers will be in contact with the Company through ticketing system in the support department.
2.3 It is possible for the buyers to use email in order to facilitate the work, but it is not considered an official method of communication for the Buyers in suspicious cases.
2.4 The Company is not held liable for the losses of Buyers who refused to inform the Company about changes in their contact information.
3.1 Changes in the agreement: The agreement to use the company’s services is a function of the laws of the Islamic Republic of Iran, other international laws, and agreements of the international assemblies regarding the services provided by the company. As these international and domestic laws and agreements can be changed online on a monthly basis, the Company reserves the right to make immediate changes to the agreement; and the updated version of the agreement will be available on the website through the link to the agreement page. In addition, the Company is not responsible for informing Buyers about possible changes, and they must control the items as necessary.
3.2 Tariff changes: In case of changes in the tariffs during the service usage, and Buyers’ desire to upgrade the current service, they are obliged to observe new prices. However, the services purchased based on the previous tariffs are provided by the end of the related period. The service will be renewed based on the new tariff.
3.3 The expert fees of the technical personnel or other services required when using an initial purchased service is subject to the effective tariff on the day the new request is submitted by the buyer.
3.4 Hosting services are promoted through upgrading from one service to another better service, and the cost is equivalent to the difference in the cost of the two services in the remaining days of the service.
3.5 The services purchased by the Buyer will only be upgraded and not downgraded.
3.6 Tariff changes are reflected through the website and the Buyer is obliged to comply with it for new orders.
3.7 Technical changes: The Company has the right to make technical, hardware, software or network changes in the services in order to improve the quality of the service. In the case of changes that affect Buyers’ services, the Company is required to notify Buyers through the Company’s website, support department or sending newsletters to their email addresses within one month to one day before making changes. Buyers are obliged to adapt themselves to these changes.
3.8 Whenever, due to the necessities, the Company cannot notify or the urgent technicalities make the Company to refuse to notify, the Company is not responsible for informing the time and how to make changes. Meanwhile, Buyers gives the Company the right to provide hardware and software activities on all of the services at the time required to improve the quality of the service.
3.9 Ownership changes: Service ownership changes are made through the request (ticketing) of the Buyer or his/her representative in the support department.
3.10 In order to protect the rights of its Buyers, the Company is entitled to obtain identification documents of the applicants for ownership changes in order to authenticate him/her and ensure that the service owner’s particulars are in conformity with the identification documents.
3.11 The company may not take any measure to change the ownership of a service until it has found enough information about the suspicious items.
4.1 Following the payment of the order amount by the Buyers, with the delivery of the purchased services, it will be notified to the Buyers through the email indicated in the related profile or forms. Buyers’ inability to access the email address in question does not prevent the delivery of the service.
4.2 In case the Buyers do not receive the email within the maximum delivery period, they will be obliged to inform Company at least 2 days after the expiration date of the delivery by email or through the Company’s support department.
4.3 In case of special technical conditions or limitation resulting in non-delivery of the service at the time specified, the company will be allowed to increase the delivery time of the service up to 2 times.
4.4 Buyers are not entitled to request the cancellation of undelivered purchased services prior to expiration of twice as long as the time allowed for delivery of the services. For example, if the delivery time is 7 days, and the service has not been delivered during the specified time, Buyer will not be entitled to cancel the service and submit refund request up to 14 days from the purchase of the service.
4.5 The Company is not responsible for any inconsistency with the need or non-use of the Buyers’ purchased and delivered services.
4.6 Domain services not registered or extended by the Company but registered with another registrar are considered as delivered when the invoice is paid.
4.7 After registering the domain and providing the ID and password of the control panel to the Buyer, the Company will not be held liable for that domain, owing to the foreclosure of the possibility of monitoring.
4.8 As far as the registration of .ir domains that must be validated and activated by the Institute for Research in Fundamental Sciences are concerned, since the Company generally does not have any control on measures at the time of domain verification, and domain verification may also take longer due to any defect in the documents or specifications, the time of the initial booking of the domain is taken into consideration as the basis for delivery.
4.9 Compliance with the Order: In the event of any inconsistency in the service provided to the Buyers with the specifications of the service, Buyers are obliged to resolve the problem within a week from the date of setting up the service and the Company is required to take corrective measures as soon as possible. Otherwise, the responsibility of the Company is limited to the repair of the service after the date of Buyers’ announcement, only until the end of the service, and the service duration will not be extended.
4.10 In the case of international domain registration, the time of the domain registrar (Registrar) may be different from that of Iran, and the domain registration date may be set the next day or one day before. The company has no responsibility in this regard.
4.11 The order registration date for web hosting and reseller services, VPS and dedicated servers, licenses and IPs, add-ons and service upgrades order, is the same order submit day and there is no difference between ordering at 5 AM or 23 PM. In some cases, the company may change the order date to the next day or add the service due date. (If date changes, the cost may be calculated based on the new date for addon orders (like dedicated IP, extra addon domain or extra ram or space) and upgrade orders.)
5.1 In general, just as the same as other communication environments such as post, fax, and telephone, the Internet environment is secure for the transmission of confidential information. In all these environments, data may be eavesdropped. For this reason, while the Company is doing its utmost to create a secure environment for the confidential storage and exchange of information, it nevertheless asks the buyers to always assume that their online internet connections are insecure. The Company does not accept any responsibility for the security of the exchange of information from its network and servers elsewhere.
5.2 The Company is responsible for protecting the security of its services with its own security measures.
5.3 The Company is not responsible for the security vulnerability caused by the software, applications or programs used by the Buyers.
5.4 The Company is not responsible for the security of the data exchange between the Buyers and servers.
5.5 Buyers are required to protect their passwords. If a third party finds the users’ passwords for any reason, the Company is not responsible for its consequences.
5.6 The Company is doing its best to achieve the highest possible level of security for online Buyers. Therefore, the Company is not responsible for the measures that are in the buyers’ responsibility for maintaining the security of their accounts.
5.7 In the occurrence of software or hardware problems, the company will have the right to work with software and hardware and data center supporters and provide access to servers and data to those supporters.
6.1 In the event of a dispute, in order to resolve it, Buyers are initially obliged to inform the Company of the issue through the support department or fax number of the Company. In case of failure to reach the result after 15 business days, buyers can go to the Law Enforcement Council of the Guild System to ask them to investigate the case. Meanwhile, Buyers and the Company will accept the opinion of this council as a moratorium and will not have the right to sue or request a warrant from other authorities.
7.1 Any breach of any of the following terms and conditions will result in the suspension of Service(s). The Company only detects a violation of the terms and conditions.
7.2 The Company reserves the right to suspend the service without prior notice or to avoid servicing.
7.3 When the company becomes aware of a breach of the terms and conditions by a Buyer, it will investigate the case technically and legally. At this time, the service to the Buyer may be temporarily suspended to prevent the continuation of breach. After completion of the investigation, the Company may restrict, suspend, or terminate the service, depending on the violation. The Company also reserves the right to sue and ask for compensation from the offender, if necessary.
7.4 Any measure not referred to hereunder but is considered an offense based on the current laws of Iran or the server location country is also a violation of the terms of service.
The Company will not pay any compensation – under any heading, such as claims for losses or the cost of the remaining service – to those Buyers who are in breach of the terms of service. The offending buyers are also responsible for any material and moral losses incurred by the Company, other customers of the company or IDC of the considered service:
8.1 Company’s services should be used for legal purposes. The transfer, possession, or dissemination of any information or data that contradicts any applicable law or directly contributes to the violation of a particular law is forbidden. This could include, but not limited to the followings:
8.2 The responsibility of the content contained in the service provided to the Buyers or connected to the domain purchased from the Company is entirely held liable to the Buyers. This responsibility includes advertent and inadvertent violations, or the cases performed by third parties. The company also has no legal responsibility for the content contained.
8.3 In the event of non-compliance with the Computer Crime Law (Cybercrime), all material and moral losses and expenses incurred by the Company in responding to the competent authorities shall be borne by the Buyers.
8.4 The Buyer is not entitled to use the content of the third parties without their consent, and upon the disclosure of these persons to the Company and provision of acceptable evidence, the right to terminate the service is reserved for the Company until full consideration of the issue and the Buyers are responsible for the compensation of all loses.
8.5 The Company is required by law to file a lawsuit and suspend the services in case of dealing with criminal acts by the Buyers. In these situations, the Company is also required to provide the judicial authorities with the information of those Buyers who have criminal content in their service or in the services connected to their domain.
9.1 Buyers are obliged to observe all the provisions of the agreement, Company’s rules and laws of the Islamic Republic of Iran. In case of non-compliance, the Company has the right to terminate the services temporarily or permanently, prosecute the Buyers, and claim compensation from the Buyers; and the Buyers are obligated to compensate for all losses and expenses incurred by the Company. There will also be no refund for the termination of services, remaining service duration or losses of the offending Buyers.
9.2 Buyers are responsible for their performance in relation to the services provided. They should also respect the rights of other buyers of the company. The company reserves the right to suspend or terminate the services of the Buyers who either intentionally or unintentionally disrupt the services of other buyers, and the Buyers will not be entitled to any protest.
9.3 Apart from those rules that directly apply to the use of any service that ends with the termination of the service, other paragraphs of the Law are persistent and Buyers are always bound to observe the Company’s general and legal laws.
9.4 Buyer are held liable for the inappropriate use of the services purchased and the Company is solely responsible for the provision of standard services based on the technical obligations stated in the hosting plans.
9.4 Any criticisms of the Company and insults to the services, supporters and managers of the Company through any means of communication such as email, ticketing system, live chat, telephone and websites are prohibited and the Company has the right to disconnect the service as well as to pursue this issue through the judicial authorities.
10.1 The Company is solely responsible for the provision of services in the field of purchasing. It is not a responsibility of the Company to deal with the disruptions and other issues, such as the Buyers’ Internet, web programming and software, as well as the problems of a domain registered by others.
10.2 The criterion for the existence of a service disruption is the technical unit report, and valid Tracer site, which must be verified by the Company.
10.3 The support section provides 24 hours/7days-a-week support services. At the same time, requests made via email, fax and telephone are addressed with lower significance.
10.4 Buyers should submit their requests to the support section in order to have the exact timing of the request, the exact time of processing, and the identity of the purchase.
10.5 Dissatisfaction with the services provided by the technical support department should be announced promptly (within 24 hours) from the time of occurrence by sending a ticket to the complaints department or the Management of the Company.
10.6 Services and general procedures of the Company are defined in accordance with the international technical standards; and the Company’s interests and are indistinguishable and changeable to the specific buyers. Buyers are obliged to make an inquiry before purchasing any services.
10.7 The Company is not responsible for the mismatch of the services purchased with the customers’ requirements.
10.8 The Company is not responsible for the installation and operation of software not approved by the technical department.
10.9 In the event of unplanned incidents and indirect damages/losses to the Buyers in using the services or the Buyers’ information, the responsibility of the Company is limited to the damages clause of this law.
11.1 The Company has no obligation to renew the expired domains. Extension of expired domains is not possible after 3 weeks from the expiration date. Domain extension in these circumstances will be subject to the availability or extensibility of the domain.
11.2 The solemn date for the domain registration period is Whois International. As far as ir domains are concerned, inquiries from the registrar will be considered as a basis for action.
11.3 If there is a domain not registered by the registrar or it has been registered by another person during fulfilling the registration process, or it is a domain transfer that has not been carried out for any reason, the Company is only obliged to refund the registration fee or transfer that domain to the account of the related buyer in the user area. In line with the buyers’ satisfaction, the Company refunds the cost of services recurred due to the non-registration or transfer of a domain to the buyers’ creditor account in the form of credit for re-purchasing, but this is limited to what can be done.
11.4 In case of a request for the transfer of a domain to a panel outside the Company through the Company’s support department, the Company is not entitled to prevent the completion of the transfer, but the right of Company to receive the internal costs of the Company for the stages of transfer is reserved.
11.5 Since the Company makes the registration and extension of domain as well as the transfer of domain to the Buyers as an intermediary agent, failure to obtain the agreement of international or ir registrars to register or extend the domain for any reason will not make the Company to be held liable for it.
11.6 Before registering any domain, buyers are obligated to investigate domain property rights, and if a third party claims that he/she is the right holder and his/her right has been approved by the competent Iranian and international authorities, the Company will act on the basis of the international law or the judgment(s) issued by competent authorities and will suspend the said domain.
12.1 The Company is not responsible for the delivery of data to the Buyers in the Web hosting environment and Buyers are required to use FTP.
12.2 The Company is not responsible for uploading information in the hosting domain of the Buyers or downloading its information for free.
12.3 The Company is not responsible for the free installation of software for the Buyers.
12.4 The company attempts to advise Buyers on technical issues, but Buyers themselves are responsible for being familiar with the technical details of the web hosting service, and the Company is not responsible for providing Buyers with trainings about the correct use of the service.
12.5 In web hosting services, if the total disk space used is higher than purchased space, the service will be upgraded to a higher plan and the renewal fee will be based on the new plan.
12.6 The company is allowed to scan the customer service at any time without prior notice by using anti-virus and anti-exploit software and deleting malicious files.
12.7 If order dedicated IP for web hosting and hosting resellers, outgoing requests and outbound traffic (such as sending information to the bank) will be transferred via the server’s main IP. (Using programming methods, it may be possible to send requests via the dedicated IP)
13.1 Virtual and dedicated servers are provided self-managed. The Company is not responsible for the technical support of dedicated and virtual servers to the Buyers. Unless otherwise stated in the tariff.
13.213.2 The Company is only responsible for the technical support of the servers in the event of problems that cause remote access to the server to be failed; and, if there is a problem due to the buyers’ performance, Buyers will be charged with support fees according to IDC invoices.
13.3 The Company is the owner of dedicated server equipment and hardware, and the cost of leasing the server and its initial installation cost does not give rise to any right for the Buyers.
13.4 Dedicated servers will not be transferred to other people’s panels at any time in the data center and can only be renewed and used through the Company. This issue will not be different for dedicated servers without initial installation fees and those with initial installation fees.
13.5 Dedicated servers will not be transferred to other people’s panels at any time in the data center and can only be renewed and used through the Company. This issue will not be different for dedicated servers without initial installation fees and those with initial installation fees.
14.1 Generally, it is the responsibility of Buyers to back up data and files, and all Buyers should have a backup of all their data outside the equipment and servers of the Company. In case of any problem and the inability to restore the information from the backup archive, no protest will be made and the Company will not be held liable in this regard.
14.2 In the services of dedicated servers, virtual servers, and host download, Buyers are responsible for backing up information, and the Company is not held liable in in this regard.
14.3 For more security, the Company backs up the buyers’ files and databases on a weekly basis, which can be restored by the Company up to one week. The Company has also no responsibility for the accuracy and completeness of the backups.
14.4 All backup copies are stored on a location outside the users’ access.
14.5 If Buyers do not intend to extend the services purchased from the Company, they can request a backup of their service files through paying 20 percent of the service cost. The Company is free to refuse or accept the request.
14.6 The Company has no obligation to provide Buyers with data on its backup server for free.
14.7 The Company has no obligation to provide the backup of the suspended services.
15.1 The payment method is posted on the client area. Buyers are generally required to keep their payment documents up to the end of the service.
15.2 Buyers are required to pay in cash or deposit into the accounts provided on the site. In case of any defect in payment, the Company has the right to request for compensation while suspending the service.
15.3 After paying the service extension or registration fee, or increasing the credit, Buyers are required to notify the Company about it and follow up the case. The Company does not have any obligation to extend services in return for unreported payments of the users. Buyers will be liable for the expiration or the loss of domains, even if the payment has been made but has not been communicated to the company. This notification is valid only through the support section of the Company.
15.4 The company will have the right to receive and collect all charges and fines, interests on late payments and other costs and expenses incurred from the temporary or permanent suspension of all services and Buyers’ credits; and if Buyers do not immediately pay attention to the notice given by the Company, they will waive their right to any further objection. It should be noted that the time interval during which the service was interrupted due to the failure of Buyers to pay the fees to the Company will not be added to the duration of services, and all liabilities arising from this type of service interruption will be borne by the Buyers.
15.5 Buyers must pay sufficient care when ordering their services, because after the completion of the purchase and final registration of the services, it is not possible to cancel services and the paid amount will not be refunded. The amount paid for the extension of purchased services will also not be refunded.
15.6 In case of any technical problem in Web hosting and VPS services that cannot be resolved by the Company, the paid amounts are to be refunded up to 7 days after the purchase with return guarantees (Except a module used in the script that is not active on the server for some reasons). In such situations, Buyers must check all items and inform the Company if there is a problem.
15.7 Refund guarantee is inclusive of domains, IP, licenses, dedicated servers, virtual servers, SSL certificates, and amounts received for installing and configuring services and performing technical works.
15.8 Invoices for the extension of dedicated servers, licenses, and IPs should be paid 2 days before maturity. Otherwise, the service will be deemed to be canceled, in the event of disruptions in service performance, the Company will not be liable for this matter. Before paying, Buyers must also contact the sales department and get new and updated prices (due to currency fluctuations). Otherwise, after paying the invoice, the price difference will be inserted in the new invoice, and Buyers are obliged to pay it.
15.9 The amount paid to increase the credit of a client account in the user area cannot be refunded, and the customers can use those credits to purchase services. The amounts paid for buying services from customer accounts are refunded only to the buyers’ accounts.
15.10 In accordance with the rules of money laundering, the refund is paid only to the bank account of the buyers (the name entered in the user area). If the name of buyers does not match with the name of the bank account announced by the buyers, the amount will be added to the account of the buyers.
15.11 For the return of the bank services cost, the Company reserves the right to deduct a fee from the refundable amount refundable.
15.12 If the Company determines that any of the services or goods purchased by a Buyer has been delivered with a larger volume or better facilities or longer time, or any other condition that costs more than what specified in the invoice, or the Buyer has received more or better facilities and resources or longer time for any reason, the Company will have the right to receive the price (tariff) difference from the Buyer. The buyer is required to pay this fee, and the Company will have the right to claim the buyer’s debts.
15.13 With the prior notice regarding the settlement of deferred debts, the Company has the right to suspend the service to which the Buyer has owed or his/her previous services and purchases and may, if desired, own some of them and deduct the related amount from the debts of the Buyer (principal debt, and the losses incurred by the Company) in the sales invoice (in proportion to its period of validity to the total service time).
15.14 If the Buyers’ services are suspended due to violation of the rules and reasons mentioned in the 7th chapter of this contract, they have no right to request a refund.
15.15 The Company will be entitled to a fee for any delay of clients in timely extend of hosting services and the like.
15.16 The company will be entitled to a technical fee to unsupend a service.
15.17 In some cases, the invoice will be rounded by the system. So there may be an error of about 1 Toman (10 Rial) than the original amount of invoices in receive the amount from the customer or refund the cost to the customer or refund the cost to the customer’s credit balance.
15.18 In some cases, the small amount will not be displayed in the bill, but will be received from the customer upon payment. For example, the actual order amount is 15,200.1 Tomans (152,001 Rials), but the amount displayed in the bill is 15,200 Tomans. This small number is not displayed in the bill, but it may be visible and payable in Rials at the bank’s payment gateway.
This number will also be included in paragraph 15.17. For example, the actual order amount is 15,200.49 Tomans (15,200 Tomans is displayed in the bill), but the amount payable at the bank portal will be 15,200.5 Tomans (152,005 Rials). Therefore, the customer should pay attention to the amount payable in the bank portal.
16.1 The company does not have any responsibility for failing to fulfill its obligations in cases of force majeure such as natural disasters, war, insurrection, social turmoil, blasting, strike, government restrictions and sanctions. However, in case of such incidents, the Company will try to mitigate the effects. The occurrence of any force majeure cases major force mails will not be a violation of the terms of service. In case of any force majeure incidence, The company will have the right to suspend services. Sanctions and the impossibility of exchange of currency are considered force majeure cases.
17.1 The extension date of an expired service will be from the time of the previous expiry date. The company will not be responsible for storing and delivering buyer information and data after expiration date.
18.1 By paying the service amount or subscribing to the company’s website, Buyers accept the terms of agreement (contract) and the rules of the Company and there is no need to obtain their signature in this regard.
18.2 Failure to comply with part of the terms and conditions of the Company’s agreement with the buyers or other people shall not constitute a denial of the Company’s right to enforce the terms of the agreement.
19.1 The company is responsible for the full protection of the Buyers’ personal information and does not have the right to use or provide them to Persons outside the company’s employees or to abuse them; and only if a court verdict is received, it can submit the information to the judicial authority in accordance with legal requirements. The information contained in the Whois domain is no exception to this because it is visible to the general public.
20.1 The services of the Company are provided in the same manner as such, and no warranties of any kind are expressly and implicitly provided. No warranties, such as being in accordance with the needs of buyers, integrity, uncertainty, security, etc. are provided. All written and oral warranties for Company services provided by employees or representatives or others are not valid. The Company does not pay any compensation in return for the performance of its Service. Under no circumstances will the Company be responsible for possible incidents (such as loss of data on the server).
20.2 The highest possible amount of losses incurred by the buyers and established by the dispute resolution authority (for each type of services) shall be at most equivalent to the amount paid by the buyer for that service and the Company shall not be liable for any additional losses.