Terms of Service
It is very important that you familiarize yourself with this agreement.
Terms and conditions
Last updated: 21.02.2022
This Terms of Service Agreement (the «Agreement») form a binding legal agreement between ITGLOBAL.COM NL and you.
For the purposes of the Agreement, the terms «Company», «we», «us», and «our» refer to ITGLOBAL.COM NL. By using our Site, Control panel and/or purchasing and/or using any Services, you are becoming a user of our «Services» and are compliant with the Agreement. You acknowledge that you agree to be bound by this Agreement with no limitation.
By continuing to use the Site, Control panel, and Services of the Company, you agree to all of the terms of this Agreement.
The headings used in this Agreement are included for convenience only and do not limit or otherwise affect this Agreement.
Site – the Internet site accessible at the URL serverspace.io, which is operated by ITGLOBAL.COM NL, a company incorporated under the laws of the Netherlands, registered at 292 Herikerbergweg, 1101 CT Amsterdam Netherlands.
Client – a user who is the owner of an account.
Account – is a set of data stored in the Company's database about the user, which is necessary to identify (authenticate) him and provide access to his personal data and settings.
End user - a user who interacts with the Client’s end product created using the Services (website, software and etc.).
Project – a virtual workspace in the Company’s Control panel in which the Client works with Services and Balance. Each Project has a separate Balance. A Project can be private or public:
- Private Project – a Project that only the user who created it has access to.
- Public Project – a Project which can be shared by inviting other users.
Service – any service you may order from your Control panel, including servers, SSL certificates, third-party software licenses and administration tasks.
Control panel – the Internet site operated by ITGLOBAL.COM NL, a company incorporated under the laws of the Netherlands, registered at 292 Herikerbergweg, 1101 CT Amsterdam Netherlands, accessible at my.serverspace.io.
Deposit – funds credited to the Project's financial account.
Bonuses - a virtual payment unit used exclusively for transactions within the Control panel, credited to the Project's financial account by the Company at the Company's discretion and initiative.
Balance – the total amount of the Deposit and Bonuses remaining in the Project's financial account.
Application of the Agreement
Any new tools or features that will be added to the Site and Control panel are also subject to the Agreement. An updated version of the Agreement can be found at any time at https://serverspace.io/conditions/terms-of-service/.
We have the right to update, amend or replace any part of this Agreement. Any changes or updates which have been made will be posted on the Site. It is your responsibility to check for updates and changes to the Agreement in a timely manner. By continuing to use the Site, Control panel, and Services, you accept all changes and updates to the Agreement.
You may only use our Services if you can enter into a binding agreement with the Company and you are not a person barred from receiving the Services under the laws of the Netherlands or other applicable jurisdiction. By agreeing to this Agreement, you represent and warrant that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence.
General Terms and Conditions
The Company provides the Client with computing resource rental services, services for ordering SSL certificates, and other services available in Control Panel and the Client, in turn, undertakes to accept these Services and to pay for them. The list of Services, their characteristics, and costs are determined by the Service Pricelist. The Service Pricelist is published on the Site (available at https://serverspace.io/pricing/) and forms an integral part of this Agreement.
The terms and conditions of the provision of the Services and the additional rights and obligations of the Parties are defined in the Service Level Agreement (SLA), available at https://serverspace.io/conditions/sla/.
The Parties of this Agreement acknowledge the legal validity of the texts of notifications and messages sent to contact email addresses set by the Company in the Agreement and by the Client during registration (Account creation), as well as messages sent through the Company's support service, via notifications in the Control panel and in any other way provided for by the functionality of the Site and Control panel. Such notifications and messages shall be equated to notifications and messages sent in a simple written form to the postal and/or legal address of the Client/Company.
You must not use the Site, Control panel, and Services for any unlawful or unauthorized purpose and you must not break any laws (such as copyright or other laws) when using the Site, Control panel, and Services.
You agree to comply with this Agreement and represent and warrant that the User Data, User Content and your use of any of our Services will not: (i) violate any local, state, federal, or international law, rule, or regulation; (ii) harm any person or entity; (iii) violate the rights of any person or entity (including intellectual property rights, privacy, publicity, and other rights); or (iv) violate this Agreement.
You further represent and warrant that you have all rights, releases, and permissions necessary for you to use the Company Services.
Violation or breach of any of the terms of the Agreement will result in the complete termination of the Services to you.
The Company reserves the right to refuse to provide the Services to any person for any reason at any time.
You should be aware that your personal information (other than credit card information), may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You do not need to create an Account if you are just using the Site. However, you must create your Account in order to use the Services.
You can register by completing the registration process on the Site or in the Control Panel. You must provide your email address to the Company through the registration form on the Site or in the Control Panel. Your Account will be password protected. Your password will be generated via the Control Panel functionality and sent to your email address.
Please ensure that you protect and do not disclose your Account log-in details and monitor the use of such Account. You must provide accurate and complete information when you create your Account and you agree not to misrepresent your identity or account information. You agree to keep your Account information current and accurate.
You are solely and entirely responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account.
In the event of unauthorized use of your Account or any other breach of security, you must immediately change your password via the settings on the Control panel or contact our technical support team. We will not be liable for any loss or damage arising from your failure to comply with this Agreement, i.e. if someone else gains access to your Account using login information obtained from you, or as a result of your breach of this Agreement, or for any unauthorized use of your password or Account or any other breach of security.
Client replenishes his/her Project's financial account, thereby forming a Deposit. The Deposit in the financial account is spent on the Services that the Client orders through the Control panel.
When you add your financial account information to your Account, this information is sent to a third-party payment processor via a secure connection.
The Services are only provided if the Balance in the Project's financial account is positive. The Company has the right to immediately terminate the provision of the Services in the event of a negative Balance on the Project's financial account.
The basis for billing the Client and write-offs Deposit from the Project's financial account is the information on the volume of the Services consumed by the Client.
You can credit financial account in one of the following ways:
- by means of bank payment cards on the Control panel;
- by bank transfer using the bank requisites stated in this Agreement;
- by any other method provided for in the Control panel toolkit.
The payment order must originate from the Client and contain his identification information. In the absence of this information, the Company has the right not to credit the funds and to suspend the Services until the Client has properly executed the payment order. The Client shall bear the costs of bank charges for the transfer of funds. When a payment is made on behalf of the Client by a third party, the Company shall have the right to suspend the crediting of funds and request the Client to confirm the payment or refuse to accept the payment.
The Client shall be responsible for the correctness of payments made by him. In case of change of bank requisites of the Company, from the moment of publication of valid requisites on the Company's Site the Client shall be solely responsible for payments made using outdated requisites.
Information about the amount of charges for the Services in the current month entered into the billing system at the time of the request may be obtained by the Client using the Control panel tools and other means provided by the Company.
The Company, at its own discretion, has the right to provide the Services by using the "Pay Later" function, after activation of which the Customer will be credited with Bonuses in the amount necessary to pay for the Customer's Services within the next 72 (seventy-two) hours from the activation of the Services. At the same time, Customer undertakes to credit the account within 72 (seventy-two) hours after the activation of the "Pay Later" function. When 72 (seventy-two) hours have elapsed since the activation of the "Pay Later" function, the Bonuses credited within the function provided will be deducted from the Project's financial account.
The Client shall pay to the Company all costs incurred by the Company in the exercise of any of its rights under the Agreement and/or applicable law in relation to the collection of the payment arrears, including attorney's fees, court costs, and collection agency fees.
Notwithstanding anything contrary, any failure by the Client to pay is a material breach by the Client of this Agreement. The Company will not provide the Services to the Client until full and final payment of any unsettled or unpaid fees.
You are a Client of the Company for as long as there are funds on your Deposit and your Account and all its contents have not been deleted.
A refund will only be given if there are no active Services. In order to get your funds back, you will need to submit a request to technical support. Any available Bonuses will be deducted from your financial account when you submit your refund request.
Only the Deposit itself is refundable. Funds spent for Services are not refundable. Bonuses credited to the Project's financial account as part of special promotions and bonus programs are non-refundable and may only be used to pay for Services. If you have been blocked for any of the reasons set out in the "Suspension of Agreement" and "Security" sections of this Agreement, the Deposit will not be refunded. The refund will only be made to the means of payment with which the financial account was credited.
In the case of a Deposit refund, the fee charged by the payment system will be borne by the Client. The fee will automatically be deducted by the Company from the sum to be refunded.
Until the refund is made, the Company has the right to require the Client to confirm the data specified at registration (requesting passport data/copies of passport/reference to the Client’s place of residence/other identity documents). In case of impossibility to confirm the above information, the Company has the right not to refund the funds remaining on the Project's financial account. The transfer of unused funds shall be made only via bank transfer.
Deposit withdrawal policy
A Deposit for cloud Services is deducted every ten (10) minutes, unless otherwise explicitly stated in the Service description.
First, the Deposit is deducted from the financial account, and then the Bonuses are.
Intellectual Property Rights
The Site, Control panel and Services, content and the Company's proprietary assets and all intellectual property rights related thereto, including but not limited to inventions, patents, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively referred to as «Intellectual Property»), are owned and/or licensed by the Company and protected by applicable copyright laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Agreement does not transfer the Company's intellectual property rights to you, but only a limited revocable right to use in accordance with the Agreement. Nothing in the Agreement constitutes a waiver of the Company's intellectual property rights under any law.
If you are a content owner, please note that it is our policy to respect the legal rights of copyright and trademark owners and (in appropriate circumstances) terminate the Accounts of users who infringe the intellectual property rights of others, including repeat infringers.
Links of the Third Parties
We may use materials taken from third parties. We are not affiliated with any third-party links that you can be redirected to from our Site. We will not have any liability or responsibility for examining or evaluating the content or accuracy and we do not warrant for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Reviewing the third party's policies and practices is your responsibility and make sure you understand them before you engage in any transaction. We are unable to provide you with answers to complaints, claims, concerns, or questions regarding third-party products.
Changes to the Site, Services, Control panel, and Prices
We reserve the right to change the Prices of our Services without notice.
The Site, Control panel, and/or Service (or any part or content of it) may be changed or discontinued without notice at any time.
We are not liable to you or any third party in the event of any modification, price change, suspension or termination of the Service.
The availability of the Site, Control panel, and Services of the Company depends on various factors. The specific accessibility indicators of the Services are set out in the Service Level Agreement (SLA) available at https://serverspace.io/conditions/sla/.
You can easily get in touch with our support team 24 hours a day, 7 days a week via the Control panel.
Disclaimer of warranties
WE DO NOT WARRANT OR REPRESENT THAT THE CONTROL PANEL OR FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL FEATURES AND FUNCTIONALITY OF THE SITE AND CONTROL PANEL ARE PROVIDED «AS IS».
Limitation of damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY WAS ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A MONETARY PAYMENT NOT EXCEEDING THE AMOUNT PAID BY THE CLIENT FOR THREE MONTHS OF SERVICE.
In addition to other prohibitions set forth in the Agreement, you are prohibited to do the following via using the Site, Control panel or Services: to pursue any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others without their consent; to spam, phish or pharm; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for acting any of the prohibited uses.
In the event of an indication of a violation of the rules of use, the Company may apply the following security measures to ensure the safety of the Company's equipment and to protect the Company's business reputation: CPU limitation, blocking of the virtual machine, blocking of the project, blocking of the Account. In case of blocking, the Deposit will not be returned.
You shall provide information relating to the content of your Account upon reasonable request, which we do in order to verify your compliance with the Agreement. You agree to reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be related to the content of your servers or any End User material that you control.
If we reasonably believe that any of your Content violates the law, infringes or misappropriates the rights of any third party or otherwise breaches material terms of the Agreement («Prohibited Content»), we will notify you of the Prohibited Content and may request that such content be removed or disable access to it. If you fail to remove or disable access to Prohibited Content within two (2) working days after our notice, we may remove such content or disable access to the Prohibited Content or suspend the Services to the extent that we are unable to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may disable access without notice in connection with illegal content if such content is likely to disrupt or endanger the Site, Control panel or Services, or in accordance with applicable law or any judicial, regulatory, or other governmental order or request. We will delete the Accounts of repeat offenders in appropriate circumstances.
The Client is fully responsible for all activities that are performed under his/her Account, whether such activities are authorized or undertaken by the Client himself/herself, his/her employees, or third parties (agents, contractors, or End Users). The Company and the Company's affiliates are not responsible for unauthorized access to your Account.
The Client warrants that he/she is solely responsible for the development, maintenance, operation, maintenance, and use of the content of Account unless the Company has an additional agreement with the Client for these services.
The Client is solely responsible for the compliance of the content of Account with regulations and applicable laws.
The Client is responsible for the proper setup and use of the Company's Services and for the application of security measures unless the Company has a separate agreement with the Client for these services.
The Client shall be responsible for the use by End Users of the content of the Account and Services. The Client warrants that all End Users comply with the obligations under this Agreement and that the terms of each End User's agreement comply with this Agreement. If you become aware of any breach of your obligations under this Agreement by an End User, you will immediately suspend such End User's access to your Content, our Services, and your services provided through our Site, Control panel and Services. We do not provide any support or Services to End Users.
If the Client processes the personal data of End Users or other identifiable persons when using the Site, Control panel, or Services, the Client is responsible for providing notices of confidentiality and obtaining the necessary consents for the processing of such data. By accepting this Agreement, the Client declares that it is responsible for processing such data in accordance with applicable law.
We will not be responsible for our availability, uninterrupted uptime, or data backups and integrity in the event of any change in or new laws, rules or regulations, or any act of a government, central bank, monetary authority, or other entity in any country relating to, without limitation, exchange controls, restrictions on convertibility, freezes, moratoria, expropriations, requisitions, changes in a country's currency for any reason whatsoever (including countries part of any monetary union), involuntary transfers of any kind; force majeure, natural disaster, industrial action, acts of war, acts of terrorism, civil strife, riots or a state of political or economic chaos in any country; or any other circumstances beyond our control.
If any provision of the Agreement is held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not affect in any way the remaining provisions of the Agreement or render them invalid or unenforceable, and enforcement of such provision shall be to the extent permitted by law.
The obligations and liabilities of the parties arising before the date of termination shall survive the termination of this Agreement for all purposes.
The Agreement shall be considered as effective unless and until terminated by either you or us.
You may terminate the receipt of the Services from us by:
- Effectively terminating your use of the Site, Control panel, and Services;
- Notifying us that you no longer wish to use our Site, Control panel, and Services by initiating deletion of your Account and a refund wherever possible under the terms of this Agreement.
We may also terminate this Agreement at any time without notice if you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement. In such event, you will remain liable for all amounts due up to and including the date of termination; and/or, accordingly, we may deny you access to our Services (or any part thereof).
Once the Balance reaches zero, the Services will remain in the Project for a period of fourteen (14) days, after which time all Services will be automatically removed from the Project. At the same time, the last seven (7) days of this period are reserved, and the Company shall not be liable for premature removal of the Services from the Project. However, keeping the Services in the Project does not mean saving the data and information uploaded by the Client to the Company's server.
Suspension of Agreement
Company has a right to suspend this Agreement without prior notice to the Client and/or require a copy of the passport or other documents certifying the legitimacy of the activities and ownership of the Account in the cases listed below, but not limited to:
- If the manner in which the Client uses the Services under this Agreement is likely to cause damage and loss to the Company and/or cause disruption to the technical and software equipment of the Company or third parties;
- Reproduction by Client, transfer, publication, distribution by any other means, obtained as a result of the use of Services under this Agreement, of software, fully or partially protected by copyright or other rights, without the permission of the copyright holder;
- Sending by the Client, transfer, publication, distribution by any other means of information or software that contains viruses or other malicious components, computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to carry out unauthorized access, as well as serial numbers to commercial software products and programs to generate them, logins, passwords and other means of gaining unauthorized access to fee-based resources on the Internet, as well as posting links to the aforementioned information;
- Sending by the Client of advertising information («spam») without the consent of the recipient or in the presence of written or electronic applications from recipients of such mailings to the Company with a claim to the Client (the term «spam» shall be defined in accordance with the principles of common business practice);
- Distribution by the Client and/or publication of any information that contradicts the requirements of international law or infringes the rights of third parties, including harassment, abuse, insult, harm, slander, humiliation, intimidation or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- Publication and/or distribution by the Client of information or software containing codes that correspond in their effect to computer viruses or other components that are equivalent to them;
- Advertising of goods or services, as well as any other materials, the distribution of which is restricted or prohibited by applicable law;
- Performing activities aimed at disrupting the normal operation of computers, other equipment, or software not belonging to the Client;
- Performing actions aimed at getting unauthorized access (unauthorized access is understood as access by any means other than it was intended by the resource owner) to a network resource (computer, other equipment or information resource), the subsequent use of such access, as well as the destruction or modification of software or data not owned by the Client, without the consent of the owners of the software or data, or the administration of the information resource;
- Performing actions to transfer meaningless or useless information to computers or equipment of third parties, creating an excessive (parasitic) load on these computers or equipment, as well as intermediate network sections, in amounts exceeding the minimum required to check the connectivity of networks and the availability of its individual elements;
- Performing actions to scan network nodes in order to detect internal network structure, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the inspected resource;
- In case the Company receives an order from a state authority having the corresponding powers in accordance with the provisions of the law;
- In case of repeated appeals from third parties about the Client’s violations up to the moment the Client removes the circumstances underlying the third party's complaints.
The Agreement and all the policies or operating rules we post on the Site regarding the Services serve as the entire agreement between you and us. This Agreement governs your use of the Services. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).
Occasionally we may offer you the chance to participate in marketing activities through the Site and Control panel. Marketing activities may be governed by terms and conditions that are separate from the Agreement. If the provisions of marketing activities terms and conditions conflict with the Agreement, those separate terms and conditions shall prevail.
This Agreement and any separate agreements pursuant to which we provide Services to you shall be governed by and construed in accordance with the laws of The Netherlands.
The failure of the Company to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.
As part of the settlement of disputes between the parties, the Company shall have the right to engage independent expert organizations in determining the fault of the Client as a result of his misconduct in the use of the Services. If the Client is found to be at fault, the latter shall be obliged to reimburse the costs incurred by the Company for the expertise.
If you have any questions regarding our Agreement, please email us at email@example.com.