Last Modified: April, 2017
General Terms of Services
BlueTraction LTD, headquartered at Efesou 9, 5280, Paralimni, CYPRUS. Registered with ID HE363951, VAT number CY10363951R, owner and operator of SlaveData, and reachable via its internet site https://slavedata.com, represented by its President and CEO, hereafter called “SlaveData” and “Provider”.
Services of the provider, payment, contract period/termination
- The scope of the individual services is based on the current service description in force at the time of placing the order.
- If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer’s part on another server, e.g. during the transfer of a web space package or other data stored on the provider’s servers, the customer shall provide such co-operation in accordance with the provider’s instructions and within the stipulated time.
- If no other agreement has been reached the provider shall be entitled to demand payment in advance for all services ordered by the customer for the respective period.
All webhosting packages and domains offered by the provider assume a minimum service period of twelve months with an automatic extension of the agreement for twelve months.
All dedicated server packages and VPS packages offered by the provider assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.
- Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.
- Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 60 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.
- The responsibility for backups of his data lies with the customer, not the provider.
- The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determins the remuneration according to equitable discretion.
- In case the value-added tax is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.
- It is agreed that payments made by the customer will not be refunded regardless of their original purpose – except in the case of an effective revocation. In case the customer made a payment higher than the amount of fees being required until the end of the contract and the fees for ordered services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider at any time.
Third party rights
- The customer expressly assures that the provision and publication of web page content created either by himself and/or web pages created for him by the provider based on information provided by the customer neither infringes Cyprus’ law nor any other law applicable in the customer’s country of residence, in particular copyright, data protection and competition law. The provider reserves the right to remove any pages from storage on his server that appear to be of dubious content. The provider shall immediately inform the supplier about any intended deletion of pages. The same shall apply if the provider is requested by third parties to change or delete contents of web pages because they allegedly violate third party rights.
- The provider shall be entitled to delete any such web pages from hard disk storage on his web server if such pages are likely to infringe third party rights. He shall also be entitled to prevent access by third parties by taking any appropriate action. The provider undertakes to notify the customer immediately about any such measure. Should the customer be able to provide proof that there are no concerns regarding infringement of third party rights the provider shall make the web pages concerned available again to third parties. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from the content of materials on the customer’s website(s).
- The clauses 1 and 2 are also applicable for all other products offered by the provider which are suitable for publishing data, such as VPS or colocated servers.
- Should domain registration or domain hosting form part of the services offered to the customer, the provider shall act only in the capacity of mediator between the customer, papaki LTD, enom or other domain registration authority. Agreements with such organisations have the sole purpose of governing the customer’s rights and obligations.
- The provider has no influence on the delegation of domain names. He therefore cannot warrant that the registered domain names are not subject to claims by third parties or that they are unique or permanent. This also applies to sub-domains allocated within the provider’s domain.
- If the customer should be requested by a third party to surrender a domain because it may infringe third party rights, he shall inform the provider immediately. In such cases the provider shall be entitled to surrender the Internet domain on behalf of the customer. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from disputes regarding inadmissible use of domain names.
- The customer hereby warrants to the provider that the address information (consisting of at least his name, address, telephone number and e-mail address) provided during registration or setting up a new account is correct and complete. Should this information change then the provider must be notified immediately in writing (letter, e-mail, fax). This and under certain conditions further information, will also be used for domains ordered by the customer from the provider.
Customer responsibility and abuse cases
Customer accepts that he is not going to use SlaveData services for the following:
- send, publish, send via email or trasport via any alternate method, any content which is ilegal, harmful, threatening, abusive, annoying, slanderous, defamatory, vulgar, obscene, libelous, violating someone else’s privacy, showing empathy, expressing racial, national or other distinctions, or it may incur any criminal offense.
- injuring child in any way
- send, publish, send via email or trasport via any alternate method any content that includes virus and/or any malicious software.
- Harassing third parties in any way
- Illegal collection and storage of personal information of other users.
- Email abuse, containing SPAM, or spamvertised content.
For any of the above cases, Provider has the right to suspend customer’s service.
Limitation regarding content
- For webspace-packages, the following applies: The customer must ensure that his web site is designed such that the server is not excessively loaded, e.g. caused by CGI/PHP scripts requiring considerable computing power or above average memory usage. Excessive loading shall be defined as such usage of the aforementioned resources such that the operation of a SlaveData server is noticeably impaired or even crashes. SlaveData reserves the right to prohibit customers or third parties from accessing pages that do not comply with the aforementioned requirements.
If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– All other scripts that may impair and/or disrupt the function of the server
- For dedicated and virtual servers, the following applies: If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– All other scripts that may impair and/or disrupt the function of the server or other servers.
- Should clause 1 or 2 be applicable, the provider reserves the right to immediately suspend the webspace package or server. This course of action will also be implemented should other sites stored on the server be affected by the customer’s site. The customer shall be informed about any such suspension.
- In case of such a suspension, solely the customer, not the provider shall be accountable for infringements of contracts. In any case the provider’s claim of payment of remuneration remains, for the entire contract period.
The following is only applicable for server offers (like dedicated and virtual servers):
- The provider concedes complete and sole administration-rights on rented/colocated servers to the customer. Only the customer knows the individual administration-password of the server, not the provider. The provider is therefore unable to administrate the rented/colocated server. Hence the customer is solely and entirely responsible for administration and security of his servers, at his own expenses and risks. It is his duty to install necessary security-software and to inform himself constantly regarding security issues as well as to fix such by himself. Installation of maintenance software or other software does not absolve the customer from this duty.
- Should customers receive fixed IP-addresses, the provider reserves the right to change these when technical needs arise and to inform the customer about his new IP-address.
- If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.
- It is the customer’s duty to configure his programs in such a way that they are restarted automatically when the hardware or the operating system is restarted.
Guarantees of performance
- The provider guarantees an annual mean 99,9%-availability of the physical connection of his webspace packages, dedicated, colocated and virtual servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within the provider’s sphere of influence (force majeure, faults of third parties or of the customer).
- The servers located in the datacenters of the provider are connected to the internet over a complex network infrastructure. Data traffic is routed over different active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Therefore data throughput capacities can be limited for particular servers at particular points and not be equal to the maximum allowed data throughput of the respective switch-port. Unless otherwise agreed, the provider cannot give a guarantee for the amount of actually available bandwidth for individual servers, but makes available bandwidth depending on the technical capability of the datacenter, taking into account obligations towards other customers.
- Customers can use the servers of the provider or own colocated servers for an manageable amount of different applications and use various software programms to this purpose, at their own discretion. Because of this, millions of different configurations are possible. The sheer diversity of these option does not permit the provider to give guarantees for the utilizability and compatibility of servers for a certain purpose.
Except for the specifications made in the description of the offer, the provider cannot give guarantees for the actual resources available for individual webspace packages and VPS. Rather, the provider makes available resouces depending on technical possibilities, taking into account obligations towards other customers.
- The customer agrees that his personal data (basic data) and other information concerning use of the service (e.g. time, number and duration of connections, access passwords, uploads and downloads) may be stored by the provider during the period of the agreement should this be necessary for fulfilling the purpose of the contract, particularly for invoicing. The customer agrees to the storage of data. The provider may also processes and utilise such personal data that has been collected for the purpose of advising his customers, for advertising and market research for his own purposes and for structuring his telecommunication services in accordance with requirements. The customer shall be entitled to object to such use of his personal data.
- Upon request by the customer the provider undertakes at any time and at no charge to provide full access to stored personal data pertaining to the customer. The provider shall not disclose this data or any of the customer’s personal messages to third parties unless he is legally required to do so, in particular to government bodies or should this be required by internationally recognised technical standards.
- The provider expressly points out that the protection of data privacy for data transmission across open networks such as the Internet cannot be fully guaranteed with current technology. The customer acknowledges and accepts that the provider is entitled at any time to view the websites stored on his server and, under certain conditions, any of the customer’s data stored there if technical requirements so dictate. Other unauthorised Internet users may also be technically able to interfere with network security and control the flow of messages.
The customer warrants that all information he has given to SlaveData is correct and complete. Upon request the customer agrees to immediately inform SlaveData of any changes and to reconfirm that the data is currently correct within 7 days of receiving any such request.
This applies in particular to:
- Name and postal address of the customer,
- Name, postal address, e-mail address as well as the telephone and fax number of the technician responsible for the domain,
- Name, postal address, e-mail address as well as the telephone and fax number of the administrator of the domain
- and if the customer provides his own name server, the IP addresses of the primary and secondary name servers including the names of these servers.
Limitation of liability
The provider shall be liable for any damages caused by him or factors, servants and assignees through gross negligence or intent. In cases of violation of essential contractual obligations and slight negligence which lead to financial losses liability shall be limited to a liability insurance procured by the provider (with regard to the amount of liability) and to predictable, imminent losses (with regard to the type of liability).The limitations of liability stated above do not concern claims of the customer regarding product liability and especially do not apply for damage caused to the customer’s health (or loss of life) attributable to the provider. Otherwise, liability is excluded.
The customer indemnifies the provider against all possible third party claims arising from any illegal action by the customer or from errors in the information provided by the latter. This applies in particular to copyright, data protection and competition law violations. Provider shall not be obliged to check the customer’s websites for possible legal violations.
- Provided that, in the following or preceding section(s), the customer has selected the payment option, “Bank Transfer” or “paypal”, he herewith agrees that payments for the services of the provider shall be debited from his bank account or credit card. Such payments may include:
a) Setup charge
b) Monthly package/server/housing/bandwidth charge
c) Domain costs
d) Costs for additional traffic
e) Other costs that may arise for using the provider’s services
- In the case of incorrect direct debits/credit card debits (possibly caused by an overdrawn account, incorrect account data etc.) additional bank charges and increased administrative costs will arise for the provider. The provider will therefore charge a flat fee of € 15.00 for an incorrect direct debit and a flat fee of € 30.00 for an incorrect credit card debit.
- In the case of a failed debit collection, the provider may immediately claim default interest fixed by law. Additionally, the provider shall be entitled to discontinue the service contract until payment is made. The provider shall be entitled to suspend the contract and reallocate the rented capacities. Data loss cannot be ruled out in this case. A one-time-fee of € 30.00 is computed by the provider when re-activating the service for the customer.
In the case of a non-payment until the second date mentioned in the demand note an additional fee of € 58.00 is computed for mandating a lawyer.
- The provisions set out in paragraph 3 shall also apply in the case of non-payment if the customer has selected the payment option “bank transfer”, “PayPal”, “Skrill” or a similar, comparable payment option. Delay of payment is the case when, at the first of a given month, the services of the provider have not been prepaid for the entire month.
Alteration of contract
The provider has the right to change the subject terms of this contract as long as the changes are reasonable, taking into account the interests of the provider. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks.
- Amendments or additions to this contract are only valid if they have been agreed to in writing. This also applies to any amendment of this clause relating to written notification.
- All communications by the provider may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.
- The customer may only set off claims against the provider if such claims are established as undisputed or legally binding.
- The provider is authorised to list the customer as a reference-customer without being obliged to pay a refund.
- All prices quoted are not binding unless they are confirmed contractually. Errors and omissions in our prices excepted.
- If any provision of this agreement is held to be invalid or becomes invalid or if there are omissions in the agreement that require rectification, the remaining provisions of the agreement shall remain in full force and effect. The invalid provision or omission shall be replaced by a provision which comes closest to the intention of both parties as would have been agreed by the parties had they knowledge of such issues in advance.