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7: Germany
- DE-SYS-LE-1
7: Germany
IPCSERVER LP, registered in the United Kingdom, and IPSERVER LLC, registered in accordance with the legislation of the Russian Federation, hereinafter referred to as "Provider", hereby publish the Service Provision Agreement (hereinafter referred to as "Agreement"), which is a offer agreement/public offer (proposal) for individuals and legal entities, hereinafter referred to as "Customer".
1. Subject of the Agreement
2. Conclusion of the Agreement and Legal Force of Documents
3. Obligations of the Parties
4. Responsibilities of the Parties
4.1. The Customer bears full responsibility for the content of the information transmitted by them or by any other person using their account credentials (login and other authorization information) via the Internet and on the Provider's resources. The Customer guarantees the accuracy of the provided information, its compliance with the law, and the absence of claims from third parties. The Provider is not responsible for the content of the information transmitted by the Customer.
4.2. The Customer, while using the Provider's Services and the Internet, is responsible for any actions that cause harm to individuals or property of citizens, legal entities, the state, or that violate the moral norms of society.
4.3. The Provider reserves the right to temporarily suspend the provision of Services to the Customer in the event of the Customer violating the Rules for Using the Services established by this Agreement.
4.4. The Provider is not liable to the Customer for delays, interruptions, and the inability to fully utilize the Provider's resources caused by the actions or inactions of third parties and/or the malfunctioning of transport and information channels beyond the Provider's infrastructure.
4.5. The Provider has the right to suspend the provision of Services for the time necessary to carry out preventive and scheduled maintenance on the equipment. The Provider is obligated to notify the Customer at least 24 hours before the start of such work. The Provider commits to conducting such work during nighttime hours to minimize the impact on the Customer.
4.6. The Provider is not responsible for the quality of communication lines if they are provided by a third party.
4.7. The Provider is not liable for lost profits and any indirect losses of the Customer during the use or non-use of the Provider's Services. The Provider is liable for damages caused to the Customer as a result of the use or non-use of the Services only in the case of proven direct fault of the Provider and in accordance with the terms of the Service Level Agreement.
4.8. The Provider is not responsible for the information transmitted by the Customer, as it does not initiate its transmission, does not choose the recipient, and does not influence the integrity of the transmitted information, as well as takes measures to prevent violations of copyright and other exclusive rights.
4.9. In the event of the Customer violating the terms of the Agreement and/or using the Provider's Services for purposes contrary to the laws of the United Kingdom and the Russian Federation or the country where the Service is hosted, the Provider has the right to terminate the Agreement and cease providing the Services without the right to reinstatement. The funds for the remaining period will not be refunded to the Customer.
4.10. In the event of refusal of the Service and refund of funds, if the Provider incurred losses due to the Customer's fault (including server or network disconnections, IP address being blacklisted, etc.), the Provider has the right to withhold from the refund the total amount of incurred costs.
4.11. The Customer is responsible for public statements and actions directed against the Provider and its reputation. In case of offensive or negative statements by the Customer, the Provider has the right to suspend the provision of Services and demand a retraction of the published materials in the same source.
4.12. The Customer bears full responsibility for the operation of the server's file system, software, and all information hosted on the server.
4.13. The Provider is not responsible for the loss or damage of the Customer's information hosted on the server, even if an Administration Service was ordered.
4.14. The Provider is responsible for executing full image backups of the Virtual Server (Snapshot) if this option is enabled and configured by the Customer in the Client Area.
4.15. The Provider is not responsible for backups made by the Customer directly from the server to FTP or another source.
4.16. The Provider has the right to deduct funds from the Customer's internal balance to settle debts.
4.17. In the case of a billing system failure in the Client Area, if incorrect invoices were issued for this reason, the Provider has the right to issue an invoice to the Customer for the difference. The Customer agrees to pay the issued invoice within 30 calendar days.
5. Force Majeure
6. Term of the Agreement
6.1. This Agreement may be terminated unilaterally by the Provider in the following cases::
- if the Customer breaches the terms of this Agreement;
- if the Customer engages in technical or other actions not provided for in the Agreement and not authorized by the Provider, resulting in or potentially resulting in damages to the Provider or third parties;
- in the event of the Customer's insolvency (bankruptcy);
- in other cases provided for by the current legislation of the United Kingdom and the Russian Federation.
6.2. This Agreement may be terminated at the initiative of the Customer in the following cases:
- if the advance payment for the provision of a virtual server is not made within 7 days from the moment of suspension of services;
- if the advance payment for the provision of a dedicated server is not made before the exhaustion of the service volume (expiration of the service period);
- or based on a notice sent to the Provider in writing or electronically (to the email address specified on the Provider's website or through the Client's Area).
6.3. Upon termination of this Agreement, all information stored on the dedicated or virtual server, uploaded by the Customer, will be deleted from the Provider's resources without further notice. The Customer acknowledges and accepts that the Provider shall not be liable for any losses related to data loss resulting from the termination of the Agreement.
7. Dispute Resolution
7.1. All disputes and disagreements that may arise in connection with the performance of this Agreement shall be resolved through good faith negotiations between the parties. The party wishing to initiate negotiations must send written notice to the other party regarding the dispute, outlining its essence.
7.2. If the disputes and disagreements cannot be resolved through negotiations within 30 (thirty) days from the date of receipt of the notice, they shall be referred to the Arbitration Court of the city of Moscow in accordance with the current legislation of the Russian Federation, while the parties may also refer to the relevant legislation of the United Kingdom, if necessary.
7.3. The parties undertake not to disclose information about the course and content of the dispute, except in cases where disclosure is required by law or by court order, as well as for the protection of their rights in arbitration or court.
7.4. In the event that one of the parties fails to fulfill the obligations arising from the decision of the arbitration court, the other party has the right to enforce such a decision in accordance with the legislation of the jurisdiction where the enforcement takes place.
Annex 1: Privacy
Annex 2: Legal details
Annex 3: Terms of Service
Annex 4: Acceptable Usage Policy
Annex 5: SLA
3.1. Websites with adult content (pornography) is allowed in all locations except Germany (Falkenstein), Finland and Russia (Moscow).
3.2. The use of VPNs and proxies is permitted for personal purposes, as well as for internal tasks within business accounts..
3.3. Using hosting services is allowed for business accounts only.
3.4. In all locations except Germany (Falkenstein), Finland, Germany (Dusseldorf), Germany (Dusseldorf-2), the use of applications for cryptocurrency mining has a resctriction: only plotting prohibited; storage (farming) is allowed.
4. SMTP traffic
4.1. For security and spam prevention purposes, the Provider reserves the right to impose restrictions on the use of SMTP protocols both during the activation of the Customer's order and at any time during the use of the service if suspicious activity is detected.
1. Ordering new services
1.1. In order to procure services, a Customer must verify their phone number and email address. This verification can be completed through SMS or voice code, according to the Customer's preference. Furthermore, the Customer is required to log in to the Client Area without utilizing a VPN or Proxy.
2. Test-drive for virtual servers
2.1. Upon full prepayment, the Customer is entitled to a 24-hour test drive of virtual servers.
2.2. The Customer has the option to cancel any virtual server within 24 hours of activation and receive a full refund.
3. Payments
3.1. The Customer must pay for all services before the "End Date" to prevent a suspension/cancellation of a service and erasing data.
3.2. The Customer must pay all days including days of suspension in case of non-payment in time if he wishes to pay and re-activate suspended service.
3.3. The Provider may suspend all services if there is a debt.
3.4. The original currency in locations Switzerland (Zurich), USA New York (Buffalo), USA (New York) is USD. The original currency in locations United Kingdom(Hampshire), United Kingdom(Berkshire) is GBP. The original currency in location Russia(Moscow) is RUB. The original currency in other locations is EUR.
3.5. In case of upgrading an existing service, the Customer needs to pay for the days from the date of an upgrade request up to "End Date", but not less than 1 month.
3.6. Transferring funds between customer accounts as well as transferring funds between RUB and EUR prepaid accounts are not allowed.
3.7. It's not allowed to pay an invoice using both internal balances EUR/RUB.
4. Cancellation
4.1 A cancellation for dedicated servers in the following locations is only possible until the 18th of a month 11:59 PM CET+1: 12: France(Paris), 31: Netherlands (Amsterdam). If the cancellation requested after this time the Customer must pay for the next month.
4.2. The cancellation for dedicated servers in all other locations must be requested no later than the "End Date".
5. Refund
5.1. The refund for virtual servers is possible within 24 hours after activation.
5.2. The refund for dedicated servers is only possible before the order is sent for the activation. In other cases it may be reviewed on an individual basis.
5.3. The refund performs up to 3 business days.
5.4. Any reimbursement based on SLA is made by the Provider to the prepaid account (internal balance) of the Customer only.
5.5. The customer may request the refund of advance payment for the period of a service that has not started. Any discount that was provided for advance payment of 3, 6 or 12 months will be removed and recalculated.
5.6. In case of refusal for purchase, the refund is made only to the same account and payment system which the payment was made from.
5.7. The Provider does not offer the refund in case of downgrade of the existing service or refusal of additional services except for cases p 5.5.
5.8. When requesting a refund through the Volet payment system, a commission may be deducted, and the amount will depend on the type of payment.
5.9. When requesting the refund of funds from the internal balance that was topped up using cryptocurrency in the Volet payment system, the refund is made in EUR at the exchange rate of EUR to cryptocurrency set on the moment of the refund.
5.10. The provider does not perform the refund in case of intentional violation of the "Acceptable Usage Policy".
6. Corporate/Business accounts
6.1. The corporate customer may sign an agreement with the Provider or accept the public agreement.
6.2. The corporate customer is able to make payments by bank wire (SWIFT).
7. Technical support and managed support
7.1. All dedicated and virtual servers are self-managed.
7.2. Premium technical support is free of charge and provides around the clock (24/7/365) through the ticket system.
7.3. The Provider offers managed support at additional cost.
8. Abuse complaints
8.1. In the event of an abuse complaint, the Customer undertakes to take measures within a given period to eliminate the violation and notify the Provider about it.
8.2. The intentional violation of the "Acceptable Usage Policy" will lead to the termination of services and/or the account of the Customer.
8.3. If the court collects a fine from the Provider regarding infringing copyright, the Provider has the right to exact this amount from the Customer.
9. Backup
9.1. The Provider does not perform any backup for default.
9.2. The Customer may have a 1 snapshot of virtual server every week at the specific time and date for choice.
9.3. The Сustomer is responsible for any backup copies except for clause 4.14 of the Offer Agreement.
10. Customer obligations
10.1. The Customer undertakes to respectfully cooperate with the Provider.
10.2. The Customer agrees to use the Provider's support service and customer service responsibly and constructively. It is prohibited to create an artificial load, including:
11. Customer claims
11.1. The Customer has the right within 14 days after order activation to contact the Provider if the specification of the order does not match the original order.
1. Network Availability
1.1. The Provider guarantees a network availability level of at least 99.99% per month.
1.2. In case of network unavailability exceeding the established level, the Customer has the right to compensation in accordance with the terms of this agreement.
2. Compensation for Network Unavailability
2.1. For each full hour of network unavailability caused by the Provider's fault, the Customer shall be awarded compensation of 1% of the corresponding service cost.
2.2. The maximum amount of compensation for one calendar month shall not exceed 100% of the provided service's cost.
2.3. Compensation is calculated from the moment the Customer registers a support request (creates a ticket) regarding the network outage related to the Provider's fault.
3. Guarantees for Response and Troubleshooting
3.1. The Provider commits to responding to emergency requests from Customers within no more than 30 minutes from their registration.
3.2. In case of equipment failure, the Provider guarantees its replacement or restoration within 2 hours from the Customer's request.
4. Compensation Procedure
4.1. To receive compensation, the Customer must create a support request (ticket) through the appropriate client service section, indicating the "Finance" category.
4.2. Consideration and awarding of compensation are carried out by the Provider within 5-7 business days from the receipt of the corresponding request.
Check the order configuration and click Confirm order