heaventree — Terms of Service, AUP, Privacy & Cookies

These terms govern all hosting, domain registration, website/app design & development, and related digital services provided by heaventree (“we”, “us”, “our”) to any customer (“you”, “your”, “Customer”). We may update these terms periodically to reflect changes in law, standards, or services. Continued use after changes constitutes acceptance.

• Services: hosting (shared/managed), domains, DNS, email, design, development, consulting, support.
• AUP: Acceptable Use Policy embedded in these Terms.
• Content: data, files, code, media, messages, or materials you upload, transmit, or host.
• Personal Data: as defined by the GDPR.
• Statutory Interest: interest under EU Directive 2011/7/EU on combating late payment.

You may use the Services only for lawful purposes. Prohibited (non-exhaustive):

• Illegal, infringing, defamatory, obscene, or adult-only content (hosting or linking).
• Malware, phishing, hacking tools, warez, spamming software, botnets.
• Spam/unsolicited commercial email; address harvesting; deceptive headers/subjects.
• Proxies, VPN/proxy exit nodes, torrent trackers/clients, IRC daemons/bouncers/bots, persistent background processes that overload systems.
• Using shared plans as offsite storage (non-web-accessible archives/backups).

We may suspend or terminate Services for AUP breaches without notice and may remove or disable offending material.

• You must have rights to the Content you host or transmit. Do not infringe third-party copyright, trademark, database rights, trade secrets, or privacy rights.
• If you use a domain via the Services, you must not violate any third-party trademark or service mark.
• We may remove or disable access to allegedly infringing Content upon notice or reasonable belief.

• No background daemons on shared hosting (e.g., IRC services, persistent workers) unless explicitly approved in writing.
• Forbidden on shared: chat servers, open proxies, FormMail named exactly formmail (outdated), custom indexers/spiders, game servers, crypto miners.
• Form handlers are allowed if up-to-date, secured, rate-limited, and not named formmail.

• Do not consume > 25% of CPU/RAM/IO for > 90 seconds.
• Cron intervals: minimum 15 minutes.
• No web crawlers/indexers, P2P/file-sharing, or proxy services.
• Fair usage applies to inodes, storage, bandwidth, and CPU; we may throttle, migrate, or request upgrade to a higher tier.

Do not attempt to circumvent authentication or probe other networks (password cracking, scanning, flooding, mail-bombing). We cooperate with law enforcement and other providers to investigate security incidents. Violations may lead to civil/criminal liability and immediate suspension.

• Zero tolerance for sending or facilitating spam via our network. We treat spam complaints as valid absent credible contrary evidence.
• Prohibited tactics include forged/invalid headers, deceptive addressing, use of third-party domains/relays without permission, misleading subjects.
• We may immediately suspend/terminate accounts and assess an administrative fee of €100 per offending message.
• See Irish Data Protection Commission guidance on direct marketing. You are responsible for compliance with ePrivacy and data protection law.

• Domains registered through heaventree are placed in the Customer’s name after invoices are paid in full.
• Assisted registration: we may appear as initial registrant; ownership transfers to you after full payment. We will update WHOIS within a reasonable time.
• We may withhold EPP/auth codes or refuse transfer while invoices remain unpaid or there is a bona fide dispute.
• .ie domains follow IEDR rules. Documentation must be provided; if rejected by the registry, a full refund is issued. If documentation is not provided in time, a 30% cost recovery may apply and the domain may be cancelled.
• Domain fees are non-refundable once processed, except where mandatory law or registry policy requires otherwise.
• If you order “domain only” with no nameservers, we may park the domain and display advertising until you set nameservers.

• Hosting/domains typically bill annually (unless stated otherwise). Invoices are emailed to your registered address.
• Overdue: suspension after 5 days; deletion after 30 days (files, databases, email, backups irretrievable).
• Reversals/chargebacks: where services were delivered, a 15% admin fee applies. We may seek full reimbursement.
• Card/Direct Debit runs may execute up to 7 days around the due date; around holiday closures they may run up to 10 days early to ensure support availability.
• Payment processors may include Stripe, PayPal, GoCardless, or Revolut; you agree to their terms when using them.

• 30-day money-back (new shared hosting only): Applies to the first payment on a new shared hosting plan. Excludes renewals, domains, VPS, software/licenses, bespoke design/development. If a refund is granted under this clause, service may be terminated immediately and any bundled/discounted extras (e.g., domains, SSLs) are excluded from refund.
• Fixed term commitment: Once a new term starts, cancellation is permitted but will take effect only at the end of the committed cycle:
  • Monthly plans: Cancellation requested during a current month will take effect at the end of the next billing cycle (one additional month beyond the current month). No partial/prorated refunds for any remaining time in the current cycle.
  • Annual plans: Cancellation requested during an active year will take effect at the end of that 12-month term. No partial/prorated refunds for unused months.
• No partial refunds & non-refundable items: Except for the 30-day money-back clause above, fees are non-refundable once a term has started. Domains, third-party licenses, paid migrations, and professional services are always non-refundable once provisioned.
• Outstanding balances: You remain liable for all fees due through the cancellation-effective date. Reversals/chargebacks for delivered services may incur the published administration fee and/or service suspension.
• Consumer law: Where mandatory consumer rights (e.g., statutory cooling-off) apply, we will honour them as required by law. This clause does not limit any non-waivable statutory rights.

• Auto-renewal: Plans renew for successive terms (monthly or annual) unless auto-renew is turned off in your account before the renewal date. Turning off auto-renew schedules the plan to end at the appropriate cycle end (per 2.9) and prevents further renewals.
• When to cancel: You can request cancellation at any time. Per 2.9, the cancellation takes effect at the end of the next billing cycle (monthly) or the current 12-month term (annual). No partial/prorated refunds apply.
• Ancillary services: Domains/SSLs licensed annually may renew independently. If you do not wish them to renew, disable auto-renew or request cancellation for each item before renewal.

• All digital goods, designs, code, software, systems, and deliverables remain the property of heaventree until full payment.
• For non-payment, we may withhold delivery, disable access, revoke licenses, and retain copyright or resale/licensing rights until paid.
• Statutory interest may accrue in line with EU Directive 2011/7/EU and applicable Irish law.

• We maintain system-level routines for resilience/recovery; however, you are solely responsible for your website/database/email backups.
• No liability for data loss, downtime, or revenue loss due to cyberattacks (e.g., DDoS, ransomware), third-party failures, or force majeure.
• In a cyber incident, we will notify affected customers where required and act reasonably to restore service.

• We may rely on third-party infrastructure (e.g., data centres, email, CDN). Failures in such systems may affect service; we are not liable for their outages beyond what the law mandates.
• Resellers must ensure their own customers comply with these Terms and applicable law. If a reseller cancels, we do not maintain hosting for their end-customers unless separately contracted.

Services are provided “as is” without warranties (including merchantability/fitness for purpose). To the maximum extent permitted by law, our total liability shall not exceed the fees you paid in the prior 12 months. No uptime guarantee is provided.

You will indemnify and hold harmless heaventree, its officers, employees, and affiliates from claims, losses, costs (including reasonable legal fees) arising from your Content, your breach of these Terms/AUP, or violation of law/third-party rights.

We may suspend or terminate Services immediately for illegal activity, AUP/resource abuse, or non-payment. Terminated accounts are not eligible for refunds.

Irish law and EU law govern these Terms. The Irish courts have exclusive jurisdiction.

Data Controller: Sean O’Byrne (CRO 483396)
Address: heaventree, 4/5 High Street, Galway, H91 HX3D, Ireland
Email: info@heaventree.com

• Identity & Contact: name, email, phone, address, company/VAT (if applicable).
• Account & Transaction: orders, invoices, plan details, renewal dates.
• Technical: IP address, device/browser, timestamps, referrer, pages viewed, error logs.
• Support: messages, tickets, call notes (we do not record calls).
• Marketing: newsletter preferences, consent status.

• Contract (Art. 6(1)(b)): to provide Services, manage accounts, process orders, and deliver support.
• Legal Obligation (Art. 6(1)(c)): tax records, regulatory responses, security obligations.
• Legitimate Interests (Art. 6(1)(f)): service improvement, security/logging, fraud prevention, account communications.
• Consent (Art. 6(1)(a)): optional analytics/marketing cookies, newsletters. You may withdraw consent at any time.

We use reputable processors for operations (examples; adjust as applicable):

• Payments: Stripe, PayPal, GoCardless, Revolut.
• Comms & Productivity: Google Workspace (email/docs), Mailchimp (newsletter).
• Hosting/Security/CDN: (e.g.) Cloudflare, upstream data centres within EU/EEA.
• Accounting: (e.g.) UK/EU-based accounting software.

Data may be processed outside the EEA using appropriate safeguards (e.g., EU standard contractual clauses, additional measures).

• Invoices & order records: generally 6 years (tax).
• Server logs: typically ~45 days (security/troubleshooting).
• Backups: short rolling windows unless otherwise agreed in writing.
• Support records: as long as needed to manage the account and for a reasonable period thereafter.

You can exercise: access, rectification, erasure, restriction, portability, objection, and consent withdrawal. Contact info@heaventree.com. You may lodge a complaint with the Irish Data Protection Commission (DPC).

• Access minimisation, authentication, and role-based controls.
• Encrypted transport (TLS); strong password storage for customer accounts.
• Supplier due diligence and contractual safeguards for processors.

Email warning: Internet email is not fully secure. Sending Personal Data by email is at your own risk.

Limited profiling may occur (e.g., analytics, marketing audiences) where you have consented to relevant cookies or subscriptions. You can opt out via cookie controls or unsubscribe links.

Services are not directed to persons under 18. We do not knowingly collect data from children. If you believe we have, contact us to delete it.

Minor updates will be reflected by the “Last updated” date. For material changes or new purposes, we will provide notice and, where required, seek consent before further processing.

• Essential: required for login, cart, security (cannot be disabled).
• Analytics: usage insights; set only with consent.
• Marketing: ad pixels, email beacons; set only with consent.

Use our on-site cookie banner or your browser settings to manage preferences. Blocking some cookies may impact functionality.

Some pages may embed content (e.g., YouTube) which sets its own cookies. Such cookies are controlled by the third party and are subject to their privacy policies.

heaventree
4/5 High Street, Galway, H91 HX3D, Ireland
info@heaventree.com • https://www.heaventree.ie

For data subject requests, include DSR in your email subject and provide sufficient information for identity verification.