TERMS OF SERVICES
The following terms and conditions (these "Terms") govern the provision by Digitalone AG trading as DigitalOne. ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."
By submitting the online order form, Customer hereby agrees to the following:
- The term of this agreement, and the provision by the Company of the services hereunder, is on a periodic basis and renewable on the anniversary of such period unless cancelled earlier by pursuant to the express terms of this agreement.
- Customer agrees to pay for all services in advance of each payment term on the billing date specified in the invoice it receives from the Company.
- Clients on monthly payment plans are required to set up an automatic payment facility to arrive in our account on or before the due date each month
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- All set-up fees and monthly service fees are non-refundable. Customer shall not be entitled to any refunds, pro-rated or otherwise in the event of early termination of this agreement by Company according to the terms herein.
- If service fees or other amounts payable by Customer are not paid within five (5) days from when due, a late fee of one and one-half percent (1.50%) of the overdue amount (or the maximum amount permitted by law if such maximum amount is less than such late fee) shall be due and payable by Customer to Company for each calendar month (or portion thereof) in which the amount remains overdue.
- Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery.
- Non-Payment of services shall result in suspension or disconnection. All payment failures must be cured within 5 days of notice. Customers failing to secure payment within 5 days of notice will incur service interruption and $50 reconnection fee.
- Customer must submit service cancellations by e-mailing email@example.com at least 48 hours before the due date of their next billing cycle.
- Company is not responsible for data integrity on equipment reclaimed for non-payment.
- Company reserves the right to change prices at any time.
- Customer agrees to adhere to the Company's Acceptable Use Policy, as amended from time to time by the Company.
- Customer agrees to adhere to the Company Data Center Rules and Procedures.
- Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Limitation on Company Liability
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Unless otherwise specified herein, any notices or other communications required or permitted shall be through the help desk at DigitalOne using the log in of the account in question
This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
The Information We Collect
DigitalOne may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. DigitalOne may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use "cookies" to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users' PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.
How We Use Information
DigitalOne may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by DigitalOne and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users' experience with DigitalOne and such affiliates, independent contractors and business partners. DigitalOne may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of DigitalOne, its trusted affiliates, independent contractors and business partners. At no time will DigitalOne's database of users ever be sold to any entity for the purpose of marketing or mailing lists.
Disclosure of Information
DigitalOne may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of DigitalOne's business.
Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
Users may direct questions concerning this statement by e-mail to: firstname.lastname@example.org. Users may elect not to receive solicitations from DigitalOne or from trusted affiliates, independent contractors and business partners by letting us know.