1.1 These Terms and Conditions govern the relationship (the “Agreement”) between the customer (“Customer”) and Crystone AB/LLC (“Crystone”) regarding the dedicated server service (the “Service”). Additional terms and conditions shall apply to certain additional services.
1.2 The Customer must be an adult person or of legal age. The Agreement between the parties may not be extended by the Customer to include an additional party.
1.3 The Service means that the Customer rents the hardware placed at Crystone. Crystone shall be responsible for ensuring that the hardware in the server works. The Customer shall have no physical access to the server.
Section 2. Scope
2.1 To clarify which services are covered by the Agreement, the Customer may refer to the order confirmation or quotation which is sent in connection with the order.
2.2. Services covered by a special additional agreement shall include: SLA (Service Level Agreement) (Appendix 1). Read here, https://www.seohosting.co.uk/faq/support Backup (Appendix 2). Read here, http://www.seohosting.co.us/faq/
Other services may also be covered by a special additional agreement. In those cases, the Customer may refer to the relevant agreement.
Section 3. Period of the Agreement
3.1 Unless otherwise agreed, the initial period of the Agreement shall be either twelve(12) or twenty-four(24) months, whereupon completion of the initial period the Agreement will be renewed on a monthly basis.
Section 4. Payment Terms
4.1 Payments shall be made in advance on a monthly, quarterly or yearly basis . If a payment has not been made by the due date, Crystone is entitled to assign the collection of the debt to a third party and to immediately discontinue the provision of the Service. This shall apply unless other payments terms have been agreed upon.
4.2 Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment. Also a $75.00 reactivation fee will apply per server upon suspension.
Section 5. Termination
5.1 The termination period shall be 3 months counted backwards from the end of the current period. If you choose to terminate your service before the end of your contract period, then it will be a charge 20% of the remaining contract to cancel.
5.2 The notice of termination must be drawn up in writing on a form as indicated by Crystone. There is a 30 day cancellation period once the cancellation letter has been received.
5.3 Crystone is entitled to terminate the Service with immediate effect if the Customer has breached any of the provisions of this Agreement or any additional agreement, including receiving a SBL listing in http://www.spamhaus.org due to spamming of our IPs. The normal cancellation fee will be in effect if this is due to the abuse of our IPs.
5.4. The Customer’s data shall be erased from the storage media in the server when the termination comes into force. The Customer is entitled to buy storage media. This must be reported to Crystone in connection with the termination.
5.5. Crystone is entitled to re-use hardware subsequent to termination.
Section 6. Service fees
6.1 Fees may be changed only in connection with the next contractual period and the Customer shall be notified thereof at least one (1) month prior to the beginning of a new contractual period. Fee reductions do not need to be announced in advance. As regards fee increases, the Customer is entitled to terminate the Agreement within seven (7) days of being notified of the fee increase.
6.2 Where the Customer uses more than the allowed amount of traffic, Crystone is entitled to directly charge the Customer in accordance with the applicable price list. Retroactive charging shall also be possible. Crystone is also entitled to draw up an permanent agreement with monthly or quarterly charging for the increased amount of data transfer. Crystone is also entitled to draw up an permanent agreement with monthly or quarterly charging for greater bandwidth, if justified.
Section 7. Assignment of services
7.1 The Customer may assign the Service to a third party subsequent to Crystone’s consent. The request for assignment shall be made in writing on a form as indicated by Crystone. The new Customer shall not be liable to pay for liabilities which have arisen prior to the assignment.
Section 8. Crystone’s responsibility
8.1 Crystone shall exercise no control over the information or materials which are placed on the Customer’s server and shall, therefore, not be liable for any direct or indirect damage that has arisen as a result of the Customer’s actions or due to deficiencies in the Customer’s server. Crystone shall not be held liable for any damages in connection with intrusions on the Customer’s server.
8.2 Crystone is entitled to move the Customer’s server to another location in the same server hall or to another server hall in another location. The Customer shall be notified thereof at least fourteen (14) days prior to any such relocation.
8.3 Crystone shall treat any and all information about the Customer as confidential information in order to protect the Customer’s integrity. Crystone may, however, be ordered to provide information about the Customer by a court injunction or a police request.
8.4 Crystone’s liability for property damages shall extend only to compensation for direct loss and shall be limited, as a maximum, to what the Customer pays to Crystone AB for 12 months pursuant to the existing Agreement. No compensation shall be due under any circumstances for indirect losses such as reduced production or sales of the Customer’s business.
Section 9. Broken hardware
9.1 Crystone is obliged to replace within a reasonable period of time, any broken hardware, for example, broken hard disks. In the event of broken hardware, Crystone undertakes to restore the system (software and hardware) to the same condition as at the time of the initial installation at no extra cost. The above shall apply if the defect arises within two (2) years of the commissioning of the server. Charges in accordance with the applicable rates shall be due for software and hardware problems which arise more than two (2) years after the commissioning of the server.
Section 10. Loss of data
10.1 Crystone shall take no responsibility for loss of data in connection with hardware or software faults.
Section 11. Service agreement
11.1 Unless otherwise agreed, Crystone shall provide the Customer with support during office hours (between 08:00 and 17:00 on workdays). Crystone is obliged to assist the Customer as soon as possible during office hours. In return, Crystone shall charge the Customer hourly charges at the respective rates that are applicable at any time. The above shall apply if Crystone can offer the desired competence. As regards support during different hours, the Customer must have signed a service agreement with Crystone.
Section 12. Customer’s responsibility
12.1 The Customer shall be fully responsible for any and all actions it carries out via its equipment.
12.2 The Customer shall be liable for damages arising if the Customer has been affected by hacking or DOS (Denial-of-Service) attacks. Where the Customer consciously or unconsciously exposes Crystone’s IP network, system or other Customers to risks, high load or similar, Crystone shall be entitled to directly shut down the Customer’s service and subsequently notify the Customer.
12.3 The Customer shall be responsible for ensuring that the programs used on the Customer’s computer have valid licenses.
12.4 The Customer shall be responsible for keeping the information about the Customer’s address, telephone, fax and e-mail-address and contact person up to date in Crystone’s Customer Register. Crystone shall be notified of any changes therein.
Section 13. Policies
13.1 Where Crystone suspects that the Customer abuses the Service or violates this Agreement, Crystone is entitled to immediately shut down the Customer’s Services while waiting for an action from the Customer.
13.2 Crystone reserves the right to increase the prices for any and all of its products and services, including IPs, at anytime during the contract period with a written notice of 1 month.
Section 14. Operation and maintenance
14.1 In the absence of a separate agreement, any compensation for operational disturbances shall be governed by Crystone’s basic SLA. Information about it is available on Crystone’s website.
Section 15. Confidentiality
15.1 Crystone shall apply the provisions of the applicable confidentiality acts to all Customer information and any other information regarding the Customer with regard to third parties. Crystone may not be held liable for Customer information unless the Customer has expressed an explicit desire regarding it.
Section 16. Amendments to terms and conditions
16.1 Seohosting/Crystone LLC may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: https://www.seohosting.co.uk/faq/general-terms-and-conditions. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
Section 17. Miscellaneous
17.1 By accepting the Terms and Conditions of this Agreement, the Customer agrees to receive information and news from Crystone by e-mail and ordinary mail.
17.2 For Customers using licensed SPLA software from Microsoft, a special additional agreement regarding SPLA licenses shall apply.
Section 18. Force majeure
18.1 Crystone shall be relieved from the obligation to pay damages and other penalties if Crystone’s obligations are prevented or significantly obstructed by a circumstance which is outside the control of or could not have been predicted by Crystone, for example, an industrial action, stroke of lightning, fire, atmospheric disturbances, legal enactments, regulatory action, strike or a similar circumstance.
The following Terms and Conditions govern this agreement/s for all of SEOhosting.co.uk and Crystone LLC Clients:
“Customer” includes the named Company in the contract, its officers, directors, employees, affiliates and agents. “Provider” includes Crystone, LLC, its officers, directors, employees affiliates, and agents. In the event that Customer files any legal or equitable action (“Action”) against Provider, such Action shall be filed only in the State or Federal Court located in Miami-Dade County, Florida, U.S.A. This contract shall be interpreted solely under the laws of the State of Florida, regardless of the principal of conflict of laws. In the event that Provider is found liable to the Customer for damages, Customer agrees that the maximum aggregate limit of damages which may be recovered by Customer against Provider is the total amount of money paid by Company to Provider during the current term of this contract.