Terms of service

SERVERSPACE

Terms And Conditions

It is very important that you familiarize yourself with this agreement

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These Terms and Conditions (the “TaC” or “Agreement”) form a binding, legal agreement between IT-GRAD NL B.V.. and you.

Serverspace.io is an Internet site (the “Site”), which is operated by means of IT-GRAD NL B.V.. a Netherland company, registered address 292 Herikerbergweg, 1101 CT Amsterdam Netherlands (“Serverspace”)

In the course of the Site, the terms “the Company” “we”, “us” and “our” refer to IT-GRAD NL B.V. By using our Site and/or purchasing and/or using any Products or Services at www.serverspace.io, you are becoming engaged in our «Service» and comply with these terms and conditions and policies referenced herein. You acknowledge that you agree to abide by these Terms of Service of the Site, with no limitations. All users like browsers, vendors, customers, merchants, and/ or contributors of content.

In case you do not agree to all the Terms and Conditions of this agreement, you can no longer use the Site, the Products and/or Services of www.serverspace.io

APPLICATION OF THE TERMS

All the new tools or features which will be added to this Site shall be also a subject to the Terms and Service. The updated version of the Terms and Service can be found at any time on this webpage.

We have the right to update, make changes or replace any part of these Terms of Service. All the changes or the updates which have been made will be posted on our website. It is solely your responsibility to check all updates from time to time. After all, the changes have been posted and the Terms of Service agreement is updated and you are still accessing and using this website, this means that you accept all the changes.

You may use our Services only if you can form a binding contract with IT-GRAD NL B.V. and are not a person barred from receiving the Products and/or Services of www.serverspace.io under the laws of the Netherlands or other applicable jurisdiction. When you agree to these Terms of Service, you represent and warrant that you are at least the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.

In any event, if you are under 16, you are not permitted to use any Products and/or Services of www.serverspace.io.

When you agree to these Terms of Service, you represent 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 and you have given us your consent to allow any of your minor dependents to use this site.

GENERAL CONDITIONS

It is prohibited to use our the Site, Products, and Service for any non-legal or unauthorized purpose as well as it is prohibited to violate any laws (for example, copyright laws and others) in the use of the Service.

You must not distribute any type of malware like viruses or worms or any code of a destructive manner.

You agree to abide by these TaC and represent and warrant that the User Data, User Content and your use of any our Products or Services will not: (i) violate any local, state, federal or international law, rule or regulation; (ii) harm any person or entity; (iii) infringe any person or entity’s rights (including intellectual property, privacy, publicity and other rights); or (iv) violate this Agreement.

You further represent and warrant that you have all rights, releases and permissions needed to permit you to use the Services of www.serverspace.io.

A breach or violation of any of the Terms will lead to a complete stop in providing you with Services.

IT-GRAD NL B.V. reserve the right to refuse service to anyone for any reason at any time.

You must remember that your personal information (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressing written permission by us.

*The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PERSONAL INFORMATION

Please, refer to our Privacy Policy to learn more about the submissions of your personal information.

CUSTOMER ACCOUNT

It is not obligatory to sign up for an account with  IT-GRAD NL B.V. if you just use the site. However, you have to create your personal account (the “Account”) using log-in credentials in order to use the Service and Products of the Site.

You can register by going through the sign-up and registration process in the Site. It requires you to give your e-mail address to the Company. Your personal Customer Account is protected with the password.

The platform will generate your password and send it to your email address.

Please make sure you protect and don’t disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.

You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.

You may not assign or transfer your rights or delegate your obligations under the Account without the prior written consent of IT-GRAD NL B.V. In case of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the Site or contact our technical support. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.

In case you want to cancel your personal account, please contact us. Note: When your account is canceled, all the information you used to store there, including the Services and Products you used will be lost. The Company is not liable for this type of loss.

PAYMENT TERMS

If you intend to create server, you agree to pay the applicable fees upfront for the entire subscription terms which you can select (pick) on the Site: www.serverspace.io.

The Company is paid by the Customer(s)  according to the information provided in the Site: www.serverspace.io The payment for the Fees shall be available only online by credit card. We may add or change payment methods at our sole discretion.

When you add your financial account information to your Account, that information is directed to our third-party payment processor through a secure connection.

The Customer is in charge to pay IT-GRAD NL B.V. for all expenses incurred by IT-GRAD NL B.V. in exercising any of its rights under the Terms or applicable law with respect to the collection of a payment default, including attorneys’ fees, court costs and collection agency fees.

All prices and fees are non-refundable unless otherwise expressly noted, even if the Products and Services are suspended or terminated prior to the end of the Products and Services term.

Notwithstanding anything contrary, failure to pay any of the Customer’s fees is a material breach by the Customer of these Terms. IT-GRAD NL B.V. will not provide the Customer with any Products and Services until the full and final payment of any unsettled or unpaid Fees, for the avoidance of any doubt.

To the extent not prohibited by applicable law and unless otherwise specified by us at the time you place your order Serverspace Subscriptions are provided on a subscription basis for the monthly, annual or other subscription term you selected. You understand and agree that your subscription is auto-recurring and will automatically renew unless auto-renew is turned off (as described below) at least twenty-four hours before the end of the current subscription term. Please note that we reserve the right to change the cost of your subscription effective on automatic renewal of your subscription, and we will notify you of any changes to the cost of your subscription before your subscription renews.

REFUNDS

We offer a 7-day money back guarantee. If you are not satisfied with the Services for any reason during the first 7 days from the start of the subscription of the Services, you may submit a request for cancellation and a refund to info@serverspace.io. If we are unable to address your concerns, then we will issue you a refund. Refunds are available only for the first purchase you make under your account with us.

INTELLECTUAL PROPERTY RIGHTS

The Site, the Products and Services, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

If you are the owner of content, please note that it is our policy to respect the legitimate rights of copyright and trademark owners and (in appropriate circumstances) terminate the Accounts of users who infringe the intellectual property of others, including repeat infringers.

LINKS OF 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 website. 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.

SERVICE AND PRICES MODIFICATIONS

We reserve the right to change Prices for our products without notice.

The Service (or any part or content thereof) is a subject to be modified or to be discontinued without notice at any time.

When we make some modification, price change, suspension or discontinuance of the Service, we shall not be liable to you or to any third-party.

AVAILABILITY

The Products and Services’ availability and functionality of IT-GRAD NL B.V. depend on various factors.

IT-GRAD NL B.V. does not warrant or guarantee that the Products and Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

CHANGES TO THE SITE, SERVICES, PRODUCTS

IT-GRAD NL B.V. HAS THE EXCLUSIVE RIGHT TO AMEND, ALTER, MODIFY, CORRECT, IMPROVE, MAKE ANY CHANGES, REPLACE, SUSPEND, DISCONTINUE, TEMPORARILY OR PERMANENTLY, FROM TIME TO TIME, IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE SITE AND/OR THE PRODUCTS AND SERVICES.

SUPPORT

You can easily reach our support professionals 24/7 via website chat or via email.  To contact our support department by email, you may fill in the contact form on our Website or send an email to info at support@serverspace.io

DISCLAIMER OF WARRANTIES

IT-GRAD NL B.V. DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IT-GRAD NL B.V. DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

LIMITATION OF DAMAGES

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE 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 HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF IT-GRAD NL B.V. 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 PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

PROHIBITED ACTIONS/USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: for 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; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; 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 violating any of the prohibited uses.

FORCE MAJEURE

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.

SEVERABILITY

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

The Terms of Service shall be considered as effective unless and until terminated by either you or us.

You can reach the termination of the Service by:

-Notifying us that you no longer wish to use our Services,

-You cease using our site

We also may 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 these Terms of Service. In this case, you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

If we are not able to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision.

The Terms of Service and all the policies or operating rules we post on this website in regards to the product or the Service serves as the entire agreement between you and us. This agreement governs your use of the Service. 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 Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys («Special Promotions») through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of Special Promotions terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands, as applicable.

The failure of IT-GRAD NL B.V. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue to remain in full force and effect.

CONTACT US

If you have some questions in regards to our Terms of Service. Email us at info@serverspace.io

Have questions before you deploy? Contact our Customer Success team to get answers.
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