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Terms of Use

General Provisions

These rules govern the provision of services on the relationship between the Contractor («Legionbox.com» provides services) and the Client (you). Timely payment of the Contractor’s services confirms your full and unconditional agreement to these rules. Contractor has the right to make changes to the existing rules, posting their updates on website «Legionbox.com». In the event that Customer does not agree with some of these rules or with the changes he must stop using the services provided by the Contractor.

Designations

The server represents a complex (hardware-software) on which the software which owner is the Performer adjusted on ensuring support of the virtual server is established. Control over this server is exercised by the Performer.

Server (virtual) – it is completely isolated, accessible only to the Customer (in accordance with, the applicable rules and the Contractor) a place on the server that is running the OS Client.

Services provided to the Client – Contractor’s services, according to applicable regulations.

Emergency – an exclusive position, the result of which is the inability to access the virtual server.

Prevention work – the work that is carried out in order to ensure full security of the server (the software update installation server, prevention and elimination of errors, technical and programmatic nature, unauthorized access, modernization of the technical characteristics of the server).

Hope page – «www.legionbox.com.».

Product specification – technical data services that are requested by the customer, and the Contractor shall, in turn, confirmed them on «www.legionbox.com.» And e-mail.

Services and regulations of their provision

It is the responsibility of the Contractor includes the provision of a separate fee to the Client for the virtual server (defined by configuration), to which the client is provided an opportunity to establish the OS of the templates that are offered by the Contractor.

In turn, the client must prove that he has the necessary knowledge, skills and abilities for the proper use of the Contractor’s services.

It is the responsibility of the Client includes the establishment of an independent and tuning software (optional) on a virtual server provided by the Contractor. The client also has to ensure functioning of the installed additional programs.

The Contractor shall not be responsible for any software installed by the Client on the virtual server, considering also responsibility for copyright compliance.

The Contractor confirms that all software installed on the server (except the virtual server) is the property of the Contractor, and he has full rights (license) for their use in accordance with applicable regulations.

The Contractor has the right to improve technical characteristics of the server, without coordinating it with the Client.

Limitations associated with the responsibility of the parties

The client, using the provided services of the Performer, assumes any risks connected with it. In turn, the Performer doesn’t give to the Client any other guarantees, except the guarantees specified in the present document. The client goes on the agreement that the Performer won’t consider any complaints (requirements) which can be connected with the lost advantage, the lost business prestige, the incurred expenses and a moral loss.

The client is fully responsible for storing your passwords and other personal information. This implies the following: Contractor shall be released from liability for the consequences that may be associated with loss of customers passwords, the actions that have been committed by other persons, using the client’s password will be considered as the actions performed.

Customer provides evidence of the realization that outside the DC network, the Contractor is not responsible for the properties of communication channels (data rate, network latency, ping, packet loss applicable routing rules, access to individual network nodes function ISPs), and other interfering circumstances that do not depend on the Contractor’s services provided to the subscriber. The limits of liability of the Contractor are reduced directly from the internal network to the DC and points of contact with direct backbone ISPs.

All services provided by the Contractor, the Customer shall be considered uniquely, that is, without warranty of any kind, relating to changes or troubleshooting at the request of the latter (the Client).

Damage (accident)

In the event that damage has occurred, the Contractor will be required to make every effort to restore the server and ensure the availability of the virtual server.

Performer takes precautionary measures without agreement on this with the Client. Contractor is obliged to inform the client about upcoming maintenance works and their timing, as well as the possible failure of the server or to the inability to access, not less than 2 days before the start of prophylaxis.

Failures of the server, which occurred as a result of prevention, do not apply to termination of the services provided.

In the event that the planned maintenance work is not provided and reduce the power of the server more than twenty percent, the Contractor shall have the right not to warn you of carrying out such work on prevention.

As a result of adjustments (repair) the consequences of the accident or during prophylaxis, the Contractor shall provide such work to a virtual server performance has been affected minimally. The client, in turn, should understand the fact that after the accident, troubleshooting and preventive maintenance have advantages over specified in these rules, the rights of the latter.

Information notice and mailing

At the time of registration, the Client gives an agreement on the adoption of informational mailings (not excluding the news), automatic SMS alerts and notifications by e-mail, which are directly related to the services provided the Contractor.

In turn, the Contractor exempts itself from responsibility for the delivery of newsletters, notifications.

Administration

In case in writing other points aren’t stipulated with the Client, the subscriber (Client) personally is engaged in administration of the virtual server (it means that only the Client adjusts OS, software, independently is engaged in the solution of the arisen problems, creates and supports in working order spare copies of data).

Attention! All administrative services, including counseling, provided by the Contractor for a single fee Client.

Services provided by the system administration, including counseling, are in addition, it is in the provision of the Client may be refused without explanation by the Contractor.

The procedure for calculation and payment

Monthly the Client pays the provided services by the Performer, – a monthly fee which is charged from the first day of use of services (further in the text “Monthly fee”).

Monthly introduction of a license fee for the services provided by the Performer is defined according to quotations which are placed on a homepage. The VAT doesn’t join in cost in case separate point doesn’t specify payment of this tax.

The client is obliged to bring payment, according to invoices or personally, recharging for the necessary sum.

In the afternoon of introduction of a monthly fee and other payments by the Client, it is considered day in which on the bank account of the Performer (the relevant service) the necessary amount in full was credited.

In case the paid period of the virtual server expired, and payments didn’t arrive, it will be automatically blocked. Will be able to resume operation of the virtual Client server, having extinguished completely debt for the services provided by the Performer.

The performer won’t consider any requirements of the Client if the fees given as a result of blocking of the virtual server because of debt were lost.

The performer also doesn’t bear responsibility for other additional expenses of the Client at payment of the provided services (commission collecting payment systems, point of an exchange, banks, etc.).

The client brings a monthly fee for use of the virtual server according to the chosen tariff. Write-offs of means it is made by daily equal parts. The virtual server is considered used, in independence of that, it is switched on or switched off. In case the virtual server is switched off, it is considered that it is in the mode of storage and payment is raised only of 10% of the used tariff.

In case at the Client a debt for use of the virtual server is had, by the Performer the mode of storage of configurations of the virtual server of the subscriber, including information containing in it will be included. The cost of this storage of 10% of the chosen tariff. If within 7 days (the maximum term) of debt of the Client it isn’t paid, then the virtual server will be removed without the right for restoration.

The company has the right of blocking of all virtual servers of the subscriber, considering and paid in case at the Client a debt is had. The attention, removal of the virtual server or in rendering of services by the Performer, doesn’t exempt the Client from payment of the available debt.

The parties agree and on the fact that the Performer has the right of transfer of necessary information to the third parties to recover a debt.

Fees paid by the Client to the Contractor shall not be reimbursed, are unanswered.

Regulations of change of the chosen tariff

The client has the right to move to another tariff plan, while maintaining the data available on the server in the event that provided the technical capacity to carry it out. If this is not possible, then switch to another tariff package, it will be possible in the case of its occurrence, it is worth the wait.

If the customer will need the extra space on the virtual server, which exceeds the capacity specified in these rules or any other excess / decrease the limit specified in the rules, the parties have the right to separately negotiate new limits and changes in value.

The change in price for the services provided by the Performer

Contractor has the right to change the cost of monthly services at any time, while posting the new rates on the homepage.

Fines and fines measure

Each violation by the Client of instructions for use the server, is assessed with a penalty in the sum of one license fee which the Client is obliged to extinguish in ten-day time from the moment of exposure of a penalty. Having paid a penalty, the Client isn’t exempted from implementation of obligations.

For carrying out by the Performer scheduled maintenance which were caused by violations of the Client, the interrupted access to services, isn’t considered breaches of contract by the Performer.

If violations of the Client cause failure in activity of other Clients of the Performer, in that case the Client is obliged to indemnify damage which was through his fault caused to other subscribers of the Performer in ten-day terms, from the moment of obtaining the account.

In case the Client breaks these these rules, the Performer has the right as penal measures to stop operation of the virtual server of the Client, without explaining thus the shutdown reasons.

Rules, order of their action, addition to rules, termination of actions of rules

Within fifteen days prior notice of the refusal / delivery of services, the parties (Client / Contractor) can come to this disclosure.

In the event that the Client at its own initiative waives the Contractor’s services, the unused funds by the Client, the Contractor will not be returned.

Contractor shall have the right to participate fully (permanently) remove any Client data that is stored on a virtual server if stopped providing services to the Client.

Privacy of data (confidentiality) of data on virtual servers

The performer gives a guarantee to the Client on confidential safety of the data loaded by it on the virtual server. The performer and his employees have no right deliberately to transfer personal data of the Client to the third parties, or to trade on these data. Also the company guarantees irrevocable removal of all available data of the Client, including also backup copies during removal of the virtual server of the subscriber.

This guarantee doesn’t extend on those cases at which the virtual server of the Client was hacked, there was a plunder of personal information of the Client by theft of the password, confiscation of information by bodies of right protection, and also in cases at which the Performer has no opportunity and legal grounds for observance of the mode of privacy of the available data of the Client.

The applied Laws and territorial jurisdiction

The arisen disagreements and debate between the parties (Performer/client) are settled according to Laws of Latvia. In turn, between the parties there is an arrangement on territorial jurisdiction (all conflicts will be considered in the territory of the republic Latvia).

Cooperation with bodies of right protection

It is strictly forbidden to use the services of the server provided by the Performer in the illegal purposes. In case of this violation, the Performer has the right of transfer of the available data of the Client to an affected party and bodies of right protection.

Cancel (denial) of service

Without explaining the reasons for the Client, the Performer has full authority to refuse rendering of services of the server. Those Clients to whom it was refused rendering of services of the company, have any more no right to use the services provided by the Performer.

In case to the Client it was refused services of the Performer, and the Client makes out the new order, and it is authentically known to the Performer, it is the order will be cancelled, and the brought payment won’t be returned.

Conclusions

So, the Client is acquainted with the these existing rules, and completely agrees with them. The client gives confirmation that all terms and concepts of rules are clear and available to it.

In case any of points of these rules loses validity, it has no impact on other points of the existing rules.

All earlier signed contracts and agreements a boundary automatically are considered as the parties terminated, at coming into effect of the these existing rules.

In the developed disagreements and disputes concerning these rules, it is desirable to settle them, having resorted to negotiations between the parties. If it doesn’t manage to be solved in two weeks, in that case Latvia should file a lawsuit the claim.

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