Terms of service

Terms of service document

Terms applicable to each service, product or software provided by us.

These General Terms and Conditions and the Specific Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”).

The Agreement between Dataservio and the Customer sets forth the legal rights and obligations governing Dataservio offering, provisioning and delivery of the Services and the Customer’s receipt and use thereof.

These General Terms and Conditions and the Specific Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”).

This agreement shall become effective as of the date of (1) the Customer electronic signature or (2) the activation of the Customer’s account or (3) receipt by the Customer of an e-mail from Dataservio confirming the Customer order, whichever happens first.

The Agreement between Dataservio and the Customer sets forth the legal rights and obligations governing Dataservio offering, provisioning and delivery of the Services and the Customer’s receipt and use thereof. The Agreement in its entirety shall consist of: these General Terms and Conditions, the Order Form, each applicable Specific Terms and Conditions and any applicable additional Terms of Use and/or License pertaining to the software provided under this Agreement. In the event of an inconsistency between a term or condition contained in any document(s) comprising the Agreement, including any incorporated attachments, appendices, exhibits or other documents, the order of precedence, from the most to the least controlling, shall be:

• 1. The Order Form properly executed by authorized representatives of both Dataservio and the Customer;
• 2. The applicable Specific Terms and Conditions, including any exhibits and
• 3. The General Terms and Conditions

THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE SPECIFIC TERMS AND CONDITIONS, MAY BE OBTAINED BY THE CUSTOMER AT ALL TIMES BY REQUESTING THEM TO Dataservio. THEY MAY BE MODIFIED BY Dataservio AT ANY TIME AS PERMITTED OR REQUIRED BY LAW. Dataservio SHALL PROVIDE THE CUSTOMER WITH AT LEAST FIFTEEN (5) DAYS PRIOR NOTICE OF ANY CHANGES THAT WOULD MATERIALLY AND ADVERSELY AFFECT THE CUSTOMER SO THAT THE CUSTOMER MAY ELECT TO DISCONTINUE THE SERVICE AND AVOID THE EFFECTS OF THE CHANGES. Dataservio NOTICE MAY BE DELIVERED BY: (1) A MESSAGE INCLUDED WITH THE INVOICE; (2) DIRECTLY BY SYSTEM; (3) POSTAL MAIL; (4) MESSAGE IN THE CUSTOMER ACCOUNT OR (5) EMAIL. THE CUSTOMER SHALL BE BOUND BY CHANGES AFTER THEY BECOME EFFECTIVE.

• Bandwidth means the rate of data transmission in bits per second using Dataservio Equipment.
• Business Hours means 8 am to 12 am and 2 pm to 7 pm (UTC).
• Customer means a person, firm, corporation or any other entity who places an order for a Dataservio Service by means of an online or written order form and who is responsible for compliance with all the Customer obligations set forth in the Agreement, including the duty to pay for the Service.
• Customer Content means the data, text, images, graphics, videos, logos and other content and material used by the Customer in conjunction with the Service.
• Customer Hardware means the servers, computers system and connecting lines and cables installed in the Rack Space within the scope of the Housing Services and clearly labeled as the Customer’s property.
• Database means both the database server software, and the database itself necessary to perform webhosting.
• Datacenter means the facility used to house computer systems owned, leased or licensed by Dataservio.
• Dedicated Server means dedicated physical server with specific technical specifications and functions.
• Domain Name means the Internet address registered and maintained by the Customer and necessary for several services offered by Dataservio.
• Email Address means a mailbox identifier provided by Dataservio as part of the Email Services.
• End-User means any person or entity that receives or uses the Service, irrespective of whether such person or entity is authorized by the Customer to receive or use the Service.
• Fees: means any fee the Customer shall pay for the provision of the Service by Dataservio.
• Operating System means software installed and ran on a server for the execution of various application software.
• Order Form means the part of the Agreement that shall be executed by Dataservio and the Customer either electronically or in writing and, which among other things, identifies the Service to be provided as well its technical specifications.
• Party or Parties means the Customer or Dataservio individually or both collectively.
• Power Supply means the electrical power provided by Dataservio to the Customer as part of the Service.
• Rack Space means a designated area in the Datacenter.
• Recurring Fee means the fees invoiced to the Customer by Dataservio for the use and/or provision of the Service on a cycling basis such as monthly, yearly or else.
• Remote Access Service means the distant access to the Dedicated Server offered by Dataservio as part of the Server Services.
• Dataservio Equipment means the computer systems, and all associated components owned, leased or licensed by Dataservio and which are made used by Dataservio to provide the Services.
• Dataservio Network means the Internet telecommunication network used by Dataservio to provide the Service to the Customer.
• Dataservio Website means the websites via the following address: Dataservio.com, Dataservio.net, Dataservio.host
• Service or Services mean the products and services provided by Dataservio and/or Dataservio’s affiliates, agents, or assigns at any given time.
• Service Start Date means the date when Dataservio notify the Customer that the Service is available for their use.
• Shared Rack Space means a designated area shared by several customers of Dataservio in the Datacenter .
• Specific Terms and Conditions mean the terms and conditions additional to these General Terms and Conditions which apply to a Service ordered or used by a the Customer.
• Underlying License or Lease means the agreement between Dataservio and the Datacenter landlord.

1. Interpretation:

1.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.

1.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.

1.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.

1.4 The words “include”, “includes”, “including” and “included” will be construed without limitation unless inconsistent with the context.

1.5 The Agreement (as varied in accordance with its terms) forms the entire understanding of Dataservio and the Customer in respect of the matters dealt with in it and supersedes all previous agreements, understandings and negotiations between Dataservio and the Customer.

1.6 References in these Conditions to articles mean articles of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted.

2. General information:

2.1 The main objective of these General Terms and Conditions is to set forth the conditions under which Dataservio provides the Services to the Customer.

2.2 The Customer expressly acknowledges having read and understood these General Terms and Conditions as well as any document comprising the Agreement. The same shall apply to any third party to whom the Customer will make directly or indirectly benefit from the Service. By placing an order using the Order Form, the Customer accepts the Agreement in its entirety and without reservation. The Agreement shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising there from.

2.3 Only the English version of the Agreement is binding upon Dataservio and the Customer. Any translation hereof that is available on the Dataservio website is provided for informational purposes only; for the avoidance of doubt, only the English version shall apply and prevail in any and all interpretation including but not limited to in a court of law.

3. Establishment of the contractual relationship

3.1 Order Form
The offering, provisioning and delivery of the Services are subject at all times to the receipt and acceptation by Dataservio of an Order Form subject to the terms and conditions described below. The Customer’s request for Services is embodied by completion of an Order Form available on Dataservio Website and/or on request to Dataservio. Pursuant to Article 3 hereof, submission of an Order Form to Dataservio constitutes acceptance of the Agreement terms by the Customer in their entirety without any possibility of withdrawing such acceptance in whole or in part. In addition, by submitting the Order Form, the Customer implicitly accepts in advance and without reservation the legal, administrative and technical rules and regulations that are applicable to the Service specified in the Order Form submitted by the Customer. Notwithstanding the foregoing, if the Customer receives and uses Services without a duly executed Order Form, the Customer nevertheless shall be deemed to have accepted, and therefore will be bound by, all the applicable terms and conditions pertaining to the Services received and used.

3.2 Conclusion of the contract
The Order Form executed by the Customer (who shall have full legal competence to enter into a contract) shall only constitute a definitive order upon payment in full of the required emoluments for the Services. Dataservio General Terms of Service. The Customer shall receive a confirmation of receipt of their order within a reasonable delay except insofar as Dataservio declines to accept the order for reasons specified herein or for any other cause deemed reasonable by Dataservio. The Customer shall be deemed implicitly to have received such confirmation pursuant to the provisions of article 3.3 below. With regard to any territoriality issue that may arise hereunder, the Agreement shall be deemed to have been concluded at Dataservio’s head office, as indicated in the Definitions herein. The Customer agrees that performance of the Service shall begin prior to the conclusion of the legally allowable cancellation period, which means that the Customer will not be entitled to cancel his order after having submitted it. Dataservio hereby expressly stipulates that for the purposes hereunder, the Customer is the natural or legal person that executes the Order Form. If a Customer acts on behalf of a legal person, the Customer shall nonetheless be responsible for such legal person’s compliance with and fulfilment of the terms of the Agreement, as well as for the payment of any invoice arising from any order that the Customer may have placed.

3.3 Handling of Customer Details and acceptance thereof
The Customer agrees that proper communication between them and Dataservio on a regular basis is essential to their proper use (including passive use) of the Services. Accordingly, the Customer must properly consult and acknowledge any relevant information transmitted by Dataservio. To this end, and in order to allow Dataservio to reach the Customer as well as to provide the Services in a proper manner, the Customer agrees to provide Dataservio with current and updated address information. Such information shall consist of the Customer’s email address, postal address, valid phone number at which the Customer can be reached from 9 a.m. to 9 p.m. GMT/UT (the “Customer Details”). In accepting the General Terms and Conditions, the Customer agrees that all email sent to the Customer by Dataservio shall be deemed to have been received and read, immediately upon errorfree transmission of such email to the email address provided by the Customer in their Order Form by Dataservio email servers.

4. Service Provision

4.1 Dataservio will use its reasonable endeavors to provide the Services in accordance with any timescale set out on the Order Form, but will not be liable to the Customer where, based on those reasonable endeavors, it fails to meet any timescale.

4.2 Dataservio will not be liable for any failure to provide the Services resulting from any breach by the Customer or its employees, agents or subcontractors of the Agreement.

4.3 Dataservio will not be obliged to provide any services not referred to on the Order Form. Furthermore, Dataservio cannot provide the Services where the Customer makes use of incompatible Hardware.

4.4 The terms of the Agreement form the entire agreement between Dataservio and the Customer in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Customer may not rely upon any representation made or given by any employee of Dataservio prior to the Agreement being entered into unless confirmed in the Agreement.

4.5 Dataservio reserves the right at any time and from time to time improve, correct or otherwise modify all or any of the Services including substituting Software and/or Equipment. Dataservio will endeavor to give the Customer reasonable notice of any such modification, where this is reasonably practicable.

5. Login name and password Dataservio General Terms of Service

Upon receipt of their first order by Dataservio, the Customer will be provided with a login and password automatically generated by Dataservio which the Customer must change after its first log-in. This login and password shall enable the Customer to identify itself to Dataservio‘s servers and to carry out various operations such as ordering Services, renewing Services, paying Customer’s invoices. Any modification in the Customer’s account shall be subject to entry of the Customer’s login name and password. The Customer shall bear sole responsibility for the management and preservation of the login name and password that they have elected. Any instructions received by Dataservio that includes the Customer’s login name and/or password shall be presumed to have been submitted by the Customer. Hence, Dataservio cannot be held responsible for any fraudulent use of such login name and/or password, which are personal and confidential elements that the Customer shall not disclose to any third party under any circumstances. In the event of loss or theft of the Customer’s password, or if the Customer has reason to believe that its password has been disclosed to any third party, the Customer shall modify its password without delay. Additionally, the Customer shall notify Dataservio in writing of any change in the Customer’s legal or business status (particularly any change of address) pursuant to Article 3 hereof. Any failure on the Customer’s part to fulfil this reporting obligation could prevent Dataservio from providing the Services in a proper and professional manner, inasmuch as Dataservio needs to know the exact identity of the Customer in order to send them information for operations such as Services renewal.

6. Services Limitations and suspension

6.1 Courtesy Services
Unless expressly specified otherwise in the Order Form, all services such as Backup, Antispam, Domain Name Availability Service and Control Panel are provided for the courtesy of the Customer. It is the sole responsibility of the Customer to maintain the Customer’s own backup of any data. Dataservio is not responsible for any loss of data due to the direct or indirect action of a third party software that is not developed and maintained by Dataservio technical team. For the avoidance of doubt, it is expressly stated here that software used to provide the Control Panel to the Customer are not developed and maintained by Dataservio.

6.2 Availability of Dataservio Equipment and Network
The Service provision is subject to the availability of all necessary equipment, including those acquired, leased or rented by Dataservio from other entities (« Dataservio Equipment”). Dataservio may, at its sole discretion, decline to accept a Service order if Dataservio determines that, based on its existing Equipment at the time of the order and its current and forecasted need to provide other Services, it requires the available Equipment for other Service needs. Dataservio may therefore limit its provisioning of the Service, if necessary, in order to manage the Dataservio Network and any necessary operation in an efficient manner and to meet the reasonable Service expectations of its existing and future customers based on current and projected available Equipment capacity. In addition, Dataservio may restrict or allocate the Service among customers, when necessary, due either to Equipment shortages or causes beyond Dataservio’s control. Unless otherwise expressly agreed by the Parties and specified in the Order Form, the Datacenter and more generally the Equipment used to provide the Service shall be of Dataservio exclusive choosing. In no event will title to the Equipment vest in the Customer.

6.3 Services Modification or Addition Dataservio General Terms of Service
Any modification or addition to the Services requested after the signature of the Agreement but in the framework of the Agreement shall be subject to a written acceptance of Dataservio and governed by the same General Terms and Conditions and Specific Conditions as set forth in the Agreement, unless otherwise agreed between the Parties. In its sole discretion and without liability to the Customer, Dataservio may: (a) alter the methods, processes or suppliers by or through which it provides the Service; (b) change the Equipment used to provide the Service; or (c) substitute comparable Service for that being provided to the Customer. If necessary due to the potential impact on affected customers, Dataservio will provide prior notice of any alterations, changes or substitutions.

6.4 Services and Account Suspension
Dataservio may, without notice and without incurring any liability, discontinue the provision of the Service if: (a) it determines such action is necessary to (i) prevent or protect against fraud, tricks, tampering, schemes, false credit devices, electronic devices, or any other fraudulent means or devices, (ii) protect its personnel, agents, facilities or services, or (iii) protect against actual or potential adverse financial effects; (b) in case of legal obligation, judicial or governmental request, or request from a duly competent regulatory or administrative authority (c) in case of urgent work in the Datacenter and/or on the Dataservio Network and/or on Dataservio Equipment (d) the Customer fails or refuses to provide information regarding the Customer’s creditworthiness, its past or current use of the Services, the jurisdictional nature or characteristics pertaining to its use or planned use of the Service; (e) the customer refuses to pay outstanding invoices until the payment deadline (f) the Customer provides false information to Dataservio regarding the Customer’s identity, address, creditworthiness, past or current use of the Service, or the jurisdictional nature or characteristics pertaining to its use or planned use of the Service; (g) the bandwidth or computer memory used by the Customer in relation to the Services exceeds any agreed or stipulated level and Dataservio determines in its sole discretion that suspension is necessary to protect Dataservio Equipment and/or Network; (h) failure or deficiencies in the Customer Hardware including but not limited to server corruption and security breaches; (i) if the Customer becomes insolvent, makes assignments for the benefit of creditors, files for bankruptcy or reorganization, fails to discharge an involuntary petition for bankruptcy within the time permitted by law, or otherwise abandons the Service, (j) in case of Force Majeure, as defined in article 19 hereafter. Notwithstanding the foregoing, Dataservio shall make its best efforts to notify the Customer of the suspension within a reasonable prior delay. Additionally, Dataservio shall make its best efforts to limit the suspension period.

6.5 Condemnation or Loss of the Datacenter
Dataservio may, with notice to the Customer, suspend or terminate the Service following the condemnation of any material portion of the Datacenter used to provide the Service or if a casualty renders all or a material portion of such Datacenter inoperable and beyond feasible repair.

6.6 Customer’s Obligation To Pay
The suspension of the Service pursuant to this article 6 does not relieve the Customer of its obligation to pay Dataservio for the Service provided up to the time of suspension. For the avoidance of doubt it is expressly understood by the Customer, that any suspension for any cause will not relieve the Customer from paying all Fees applicable to the Service until the end of the Initial or any Renewal Term, the Customer will be obligated to pay Dataservio as if they had terminated the Service for their convenience. Dataservio General Terms of Service. In all instances, Dataservio shall not be held responsible or liable for any consequences and/or damage that the Customer may suffer due to a Service suspension.

7. Service Delivery

The Customer acknowledges that, given the nature of the Services, Dataservio cannot guarantee that the Services, when delivered via the Internet, will be uninterrupted or error free. Dataservio shall therefore act as a professional IT service provider but shall not guarantee the continuity of the Services or their performance. To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by Dataservio to the Customer on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, Dataservio gives no warranty or representation that (a) the Services will meet the Customer’s requirements and/or (b) the Services will be provided on an uninterrupted, timely, secure or error-free basis; and/or (c) any results obtained from use of the Services will be accurate, complete or current. Dataservio warrants that it will provide the Services with reasonable care and skill and in a workmanlike manner. Dataservio shall however not be liable for a breach of such warranty unless the Customer notifies Dataservio in writing of such failure within fourteen (14) days of the Customer becoming aware of the failure. If the Customer makes a valid claim against Dataservio based on a failure by Dataservio to comply with the warranty set out in article 6.2 Dataservio may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of Dataservio under such warranty will in no event exceed the amount of the Fees paid to Dataservio by the Customer in the two (2) months period prior to the date on which the Customer makes the claim. If Dataservio complies with this article, it will have no further liability for a breach of the said warranty.

8. Support service

8.1 Any request from the Customer for technical support shall be sent to Dataservio, via the dedicated area available in the Customer’s account and only when this means of communication will not available by email at one of the following addresses depending on the Services provided by Dataservio: at support[@]Dataservio.com or info[@]Dataservio.com.

8.2 Unless otherwise agreed between the Parties and specified in the Order Form, Dataservio shall provide support during Working Days only, between 8 a.m. to 12 a.m. and between 1 p.m. and 5 p.m. GMT/UT (« Support Hours ») and if possible reply to the Customer request for support during the Working Day following the day during which the request have been received.

8.3 Dataservio support shall be covered through a ticket system. For every half Support hour, one ticket will be charged. Every started half Support Hour is due in full. The cost of each ticket shall be specified in the Order Form.

8.4 While providing support services, Dataservio shall use its best efforts but shall not guarantee any result.

9. Tariff, Invoicing, Payment

9.1 General provisions
Unless otherwise specified, all fees are net, in euro (EUR). All similar taxes and all payment costs shall be paid by the Customer. Dataservio reserves the right to adapt its fees at any time to take into account any factor such as any new or modified requirements imposed by its suppliers, any monetary parity that may take effect, or any Dataservio General Terms of Service supplementary taxes that may be levied. Dataservio shall inform the Customer of such adaptations, if possible prior to their application. Dataservio may modify the applicable fees and charges on not less than fifteen (5) days prior notice to the Customer. Except as expressly provided otherwise in the Order Form, the rates and fees for the Service shall be effective during the Initial Term of the Service and during any Renewal Term. For any period started either monthly, yearly or else, every period started is due in full. For any Service paid per hour, every started hour is due in full.

9.2 Invoicing
The Customer agrees that any invoice for Services provided by Dataservio shall be transmitted to the Customer electronically to the email address provided by the Customer in its Contact Information. The Customer shall be entitled to ask Dataservio to send the Customer a printed invoice, in consideration of the applicable administrative fee. In view of the fact that the email address provided by the Customer in their Contact Information must be valid, active and available seven (7) days a week, the Customer shall not be entitled to lodge any claim with Dataservio in the event an emailed invoice is not received. In addition, Dataservio shall indicate in the Customer’s account, for the Customer’s information, all invoices that have been issued to the Customer’s account, as well as the payment statuses of such invoices.

9.3 Pro forma and Invoice
The first doc delivered to the Customer is the Pro forma. Pro forma and is not valid as a Commercial Invoice. This doc is delivered when Customer complete the order and is generated a new Pro forma for each billing period. The total payment amount is shown in the Pro forma and the Customer must make the payment based on the total amount of the pro forma. The invoice will be sent a few days later via email in PDF format. The customer must have all details for billing correctly filled in the client area. The details required for billing invoice are the following: Full Name, Tax ID, Full Address, Zip Code, Country. In case of these details are not fully completed, we will have to charge you the invoice with VAT as final consumer.

9.4 Taxable and Non-Taxable
Dataservio UNIP. LDA as a European Company, is forced to invoice their Customers according with the European Laws. All European Customers must pay the Tax VAT according with the laws of your Country. Customers are not required to pay this tax if: The customer is located outside of the EU, is a non-EU or VAT-owning company located in the EU. (VAT No. is required). Non-EU Customers will not pay the VAT if all billing details (Full Name, Tax ID, Full Address, Zip Code, Country) are correctly filled in your Client Area.

9.5 Recurring Fee
For the provision of the Service, the Customer shall pay a recurring fee (the «Recurring Fee»). The Recurring Fee is based on the Service selection made by the Customer in their Order Form.

9.6 Non-Recurring Fee
The Customer shall pay a one-time fee for the Service including, but not limited to, fees for the Service installation, or any special fees such as charges for overconsumption of bandwidth, Power Supply or else for which the Customer becomes responsible

9.7 Fees imposed By Other Suppliers
If an entity imposes fees on Dataservio in connection with the provisioning of the Service to the Customer, such fees will be invoiced by Dataservio on a pass-through basis to the Customer.

9.8 Invoicing and Payment
The Recurring and Non-Recurring Fees are due from the order date. The Recurring Fee shall be charged at the beginning of each monthly and/or yearly period in advance. The Customer accepts that the invoicing frequency may be changed at any time by Dataservio. The setup costs shall be invoiced in full on the Order Form acceptation date and paid before the installation of the Services by Dataservio. Dataservio support services shall be charged after the intervention or after closing of one or several intervention tickets mentioned in article 8 here above. Unless otherwise agreed in writing by the Parties all payment shall be made within seven (7) days following the date specified on the invoice. (the “Payment Deadline”) Payment of the invoices shall be made at the head office of Dataservio and in euro (EUR). Any additional fee attached to the payment shall be at Customer’s expense. Foreign payments shall be carried out at the transferor’s expense (for example, foreign bank transfers shall bear the indication “our cost” or “OUR”). The net amount received by Dataservio shall be strictly equal to the price due by the Customer. Where the Customer authorizes payment of any of the Fees by credit and or debit card then Dataservio may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorization from the Customer.

<s

Thursday, April 14, 2022

« Back