Withdrawal, Credit Refunds and Complaints (Complaints Policy)

Version: ltd-1 · Effective: from the date on which the operation of the BlazeHost services is transferred to BLAZEHOST LIMITED (clause 15.1 of the Terms)

The Czech version of this document is binding; the English version is a translation. If the language versions conflict, the Czech version prevails.

1. Introductory provisions

1.1. This document (the "Complaints Policy") governs the Consumer's right to withdraw from the contract, refunds of unused credit and the exercise of rights arising from defective performance for the BlazeHost services provided by BLAZEHOST LIMITED, Company number 17523509, registered office 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom, e-mail [email protected] (the "Provider").

1.2. The Complaints Policy forms part of the Contract under the General Terms and Conditions (the "Terms"). Capitalised terms have the meaning given in the Terms.

1.3. The Contract is governed by the law of England and Wales (chapter 14 of the Terms); however, the Consumer retains the protection afforded by the mandatory consumer protection rules of the state of their habitual residence. References in this document to Czech Act No. 89/2012 Coll., the Civil Code (the "Civil Code"), and Act No. 634/1992 Coll., on Consumer Protection, denote the corresponding rules for Consumers habitually resident in the Czech Republic; for Consumers habitually resident in the United Kingdom the equivalent rules of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 apply. This Complaints Policy does not limit the Consumer's statutory rights.

2. Withdrawal from the contract (Consumers only)

2.1. The Consumer has the right to withdraw from a Contract concluded by means of distance communication without giving reasons within 14 days of the day the Contract was concluded (Section 1829(1) of the Civil Code).

2.2. Credit top-up. If the Consumer withdraws from a credit top-up contract within 14 days of the payment, the Provider refunds the unused part of the credit from that payment using the same means of payment as was used for the payment (or another way if the Consumer agrees), no later than 14 days after the withdrawal (Section 1832(1) of the Civil Code). The pro rata part of the amount paid corresponding to the unused credit from that payment is refunded. Credit from that payment already used to pay for Services is not refunded; clauses 2.3 to 2.5 apply to those Services. To determine the unused part, credit obtained free of charge (voucher, bonus, referral commission, credit added by the Provider) is used first, then credit from payments in the order in which they were credited; credit obtained free of charge is not refunded.

2.3. Services – request for immediate performance. Before ordering a Service, the Consumer expressly requests in the order that provision of the Service begin before the withdrawal period expires and acknowledges that the right of withdrawal is lost once the Service has been fully provided (Section 1824a(3) and Section 1837(a) of the Civil Code). A Service cannot be ordered without this request. The Provider keeps a record of the request including the date and time.

2.4. If the Consumer withdraws from a Contract for a Service whose provision began at their request before the withdrawal period expired, they pay the Provider a proportionate part of the price for the performance provided up to the moment of withdrawal (Section 1834 of the Civil Code). The Provider refunds the unused part of the price of the current billing period of the Service, calculated pro rata by time (price of the period × remaining time of the period ÷ length of the period), by adding it to the credit in the Panel, i.e. in the same way as the price of the Service was paid; refunding credit to the original means of payment is governed by clause 2.2. Upon withdrawal the Service ends immediately and its data (including backups created by the Customer) are deleted without a grace period; the Provider's disaster-recovery backups are deleted no later than 30 days after the Service ends (clause 6.3 of the Terms). Chapter 6 of the Terms otherwise does not apply in this case. Withdrawal can be made in the Panel using the "Withdraw from contract" button on the Service detail page (game server, VPS, cloud, web hosting, dedicated server) within 14 days of the order; the Provider confirms receipt of the withdrawal by e-mail stating the date and time.

2.5. Domains. A domain registration is fully performed when it is entered in the registry; at that moment the right to withdraw from the domain registration contract is lost (Section 1837(a) of the Civil Code).

2.6. How to withdraw. Withdrawal can be made:

• in the Panel using the "Withdraw from contract" function for the relevant payment (request to refund credit, clause 2.2) or on the Service detail page (clause 2.4), or
• by e-mail to [email protected], or by letter to the Provider's registered office 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom; the model form in the annex to this document may be used.

To meet the deadline it is sufficient to send the withdrawal before the period expires. The Provider confirms receipt of the withdrawal without undue delay.

2.7. Businesses do not have the right of withdrawal under this chapter.

2.8. The "Withdraw from contract" function in the Panel serves as a withdrawal button within the meaning of the legislation implementing Directive (EU) 2023/2673; it is available throughout the withdrawal period. Withdrawal is always also possible by e-mail or letter under clause 2.6.

3. Refunds of credit

3.1. Unused credit from a specific payment is refunded to the Consumer upon withdrawal under clause 2.2. Credit already used to pay for Services provided is not refunded. Businesses have no statutory right of withdrawal; the Provider decides individually on refunding unused credit to a Business.

3.2. Outside the withdrawal period, paid unused credit is refunded only:

• in the case of an erroneous top-up (e.g. a duplicate payment or a typo in the amount), if the Customer requests it within 7 days of the payment;
• on termination of the Contract by the Provider without giving reasons (clause 7.3 of the Terms); in that case the Provider returns a pro rata part of the price for the unused Billing Period in the form of credit and, at the Customer's request, also pays out unused paid credit;
• on termination of the Contract by a Consumer because they disagree with a change to the Terms (clause 12.2 of the Terms);
• on termination of the Contract by the Customer because they disagree with the transfer of the Contract to the Provider, within 30 days of the transfer notice (clause 15.1 of the Terms); unused purchased (paid) credit is refunded;
• on termination of the affected Service by the Customer following an objection to a change of sub-processor (clause 6.2 of the Data Processing Agreement); the unused part of the prepaid price of the affected Service is returned as credit or, at the Consumer's request, in money;
• under rights arising from defective performance (chapter 4).

3.3. Credit obtained free of charge (voucher, bonus, referral commission, credit added by the Provider) is neither refunded nor paid out.

3.4. The price for a Billing Period already started is not refunded when the Customer cancels a Service (clause 7.2 of the Terms); this does not affect the rights under chapters 2 and 4.

3.5. If a Service cannot be set up for technical reasons, the Provider returns the deducted credit to the customer account (clause 5.1 of the Terms).

3.6. Refunds of cryptocurrency payments. Cryptocurrency payments are processed by NOWPayments, which pays them out to the Provider in cryptocurrency; the amount in cryptocurrency is set by the exchange rate at the time of payment and the transactions are irreversible, so they cannot be refunded by reversal. Refunds of cryptocurrency payments (e.g. on withdrawal under clause 2.2) are made by the Provider only manually, in the same cryptocurrency, to the wallet address the Customer provides from the e-mail address of their customer account or via a ticket in the Panel. The amount refunded is the amount in the store currency corresponding to the unused part of the payment (i.e. the value of the payment when it was received), converted into cryptocurrency at the exchange rate on the date of the refund; the network fee for sending the refund is borne by the Provider. An underpaid payment is not credited automatically; the Provider resolves it with the Customer individually (additional payment or refund).

3.7. Payments received by the previous operator. Refunds of payments, and of credit from payments, received before the transfer date by the previous operator of the BlazeHost services, Jiří Viták, company ID (IČO) 21766177 (chapter 15 of the Terms), are handled by the Provider, which has assumed the liability for the transferred credit. Refunds are made where possible using the same means of payment as was used for the payment (for GoPay payments in cooperation with the previous operator); if that is not possible, by bank transfer or another method agreed with the Customer.

4. Complaints – rights arising from defective performance

4.1. The Provider is responsible for ensuring that the Service conforms to the Contract, the description in the Panel and the law throughout its provision. For Consumers, the mandatory rules on the supply of digital content and digital services apply; for Consumers habitually resident in the Czech Republic in particular Sections 2389a et seq. of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, and for Consumers in the United Kingdom the Consumer Rights Act 2015.

4.2. Making a complaint. The Customer reports a defect of the Service without undue delay after discovering it, via a ticket in the Panel or by e-mail to [email protected]. The notice should identify the Service, describe the defect and when it appeared, and state the requested remedy if any.

4.3. The Provider issues the Customer with a confirmation of receipt of the complaint (by e-mail or in the ticket) stating the date it was made. For a Consumer, the Provider resolves the complaint and informs the Consumer of the outcome no later than 30 days from the day it was made, unless the parties agree on a longer period. The Provider issues a confirmation of how the complaint was resolved, or the reasons for its rejection.

4.4. Remedies for defects. The Customer is entitled in particular to:

• removal of the defect (restoration of proper provision of the Service) within a reasonable time;
• a reasonable price reduction for the duration of the defect, normally in the form of credit, and for a Consumer at their request also in money;
• withdrawal from the Contract if the defect constitutes a material breach of the Contract or has not been removed within a reasonable time.

4.5. In particular, the following are not defects: unavailability caused by planned maintenance announced in advance, force majeure, a third-party attack that could not be averted even with professional care, the Customer's conduct (e.g. incorrect configuration, installed software, breach of the Acceptable Use Policy) or suspension of the Service under chapter 6 of the Terms or under the Acceptable Use Policy.

4.6. For Businesses, rights arising from defective performance are governed by the governing law (chapter 14 of the Terms) and this Complaints Policy; a Business must report a defect within 14 days of discovering it.

4.7. The Provider does not enter into a service level agreement (SLA) and does not guarantee a specific availability percentage; the availability of the Services is governed by clause 5.4 of the Terms. This does not affect the rights arising from defective performance under this chapter.

5. Complaints handling and out-of-court dispute resolution

5.1. The Provider handles complaints and grievances via the e-mail [email protected] or a ticket in the Panel.

5.2. The Provider has not designated any alternative dispute resolution body for consumer disputes. A Consumer may take a dispute to the competent authority or alternative dispute resolution body of the state of their residence – in the Czech Republic the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz) – and to the courts. A Consumer resident in the EU may also seek assistance from the European Consumer Centres Network (in the Czech Republic the European Consumer Centre, www.evropskyspotrebitel.cz).

5.3. This does not affect the right to go to court (chapter 14 of the Terms).

Annex – Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: BLAZEHOST LIMITED, Company number 17523509, 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom, e-mail [email protected]

I hereby give notice that I withdraw from my contract for the provision of the following services / for the credit top-up:

• identification of the service or payment (payment number, date): ……………………
• date the contract was concluded / date of payment: ……………………
• name of consumer: ……………………
• e-mail of the customer account: ……………………
• address of consumer: ……………………
• signature of consumer (only if this form is sent on paper): ……………………
• date: ……………………