Terms of Service

Version: 2.0.1

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The purpose of this agreement (hereafter referred to as the Agreement) is to precede a longer-term contract arrangement under which freistil IT will provide IT services (e.g. web hosting) on behalf of you.

SCOPE

The following terms and conditions apply to all business relationships between you and us. The governing law is that which was valid when the contract was put into effect.

Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

CONCLUSION OF CONTRACT

Our offers are subject to change. We reserve the right to make technical and other changes within reason.

Upon ordering, you are bound to the tentative offer. We will confirm the receipt of your order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.

We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining your reliability. The services offered are those valid at the time of the order based on our service information and our order form.

PRIVACY

We will collect and use your personal data only if they are required for the creation, content arrangement or modification of the contractual relationship. You are obligated to keep us up-to-date on this information.

We will use your email address only for information on orders, invoices and customer care.

We will not give any personal information of clients to third parties, with the exception of service partners as far as they are required by us to deliver our service.

You have the right to information and a right to amend, to suspend or to delete your saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, we will make the information inaccessible.

TERMS OF PAYMENT

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of prepayment.

We reserve the right to change prices at any time, unless other terms have been agreed upon. Terms of payment are C.O.D. payable via credit card unless we grant credit approval. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.

Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that you notify us to request for termination of services.

Invoices are sent via email. If you wish to receive invoices by ordinary post, we are entitled to charge a reasonable service fee.

We will bill you €50 per returned direct debit and per credit card chargeback received.

WARRANTIES AND LIABILITY

We make no warranties or representations of any kind, whether expressed or implied for the service we are providing. We also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that you may suffer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of you.

Use of any information obtained by way of us is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our services.

Connection speed represents the speed of an end-to-end connection. We do not represent guarantees of speed or availability of end-to-end connections. We expressly limit our damages to you for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. We specifically deny any responsibilities for any damages arising as a consequence of such unavailability.

We assume no liability for direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not under our control.

With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with product liability regulations.

For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case, we are liable only for the contract-typical predictable damage, a maximum of 100% of the annual fee.

If your web content is in violation of the Acceptable Use Policy explained in this Agreement, particularly in violation of legal prohibitions or morality, you shall be liable to us for all of the resulting direct and indirect damages, including property damage.

In addition, you agree to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and legal representation fees).

TRADEMARKS AND COPYRIGHTED MATERIAL

You warrant that you have the right to use any applicable trademarks or copyrighted material used in connection with this service.

ACCEPTABLE USE POLICY

We reserve the right to suspend or cancel your access to any or all services provided by us when we decide that you used the service in an inappropriate way.

Any attempt to undermine or cause harm to a server or customer of ours is strictly prohibited. We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include Internet scamming (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to us, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – We reserve the right to discontinue service or deny access to anyone who violates our policies WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined.

Unacceptable use also includes but is not limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, and FFA (Free-For-All).

We reserve the right to shut down immediately and without prior notice all web applications that are out-of-date and actively being exploited. You are responsible for and should evaluate your web applications on a regular basis to ensure their security and orderliness.

Unsolicited commercial advertisements (spam) are not allowed in email, and will likely result in account cancelation. We take a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted within our network. If found, we will charge you up to €25 per unsolicited email message sent and delete your account without any prior notice.

TERMINATION

Where not otherwise contractually agreed, a contract will be in place for an indefinite period of time.

Both parties may cancel their contract effective to the end of the current billing period.

We may terminate our contract at our sole discretion upon the occurrence of one or more of the following events:

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against us directly or indirectly arising from or in connection with your marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by you.

RESALE

You are entitled to grant usage rights on the services we provide for you to third parties. In this case, you still remain our sole contract partner. You are required to pass all terms and conditions stated by this Agreement and our order forms on to the third party and to bind them to these conditions contractually.

If changes of any kind require the cooperation of the third party, you ensure contractually that they meet these obligations. On our request, you will inform us of the address and contact details of the third party. In the case of changes, we are entitled to contact the third party directly to request their written consent on these changes.

If the third party is in violation of these contractual obligations, does not fulfil their cooperation duties or if any other problems arise out of usage rights granted to a third party, you are fully liable for all resulting damages. Furthermore, you indemnify us from and against all claims, judgments, awards, costs, expenses, damages and liabilities the third party or others may impose against us.

GENERAL

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.