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Products And Services
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Terms and Conditions
Terms of service
TOS applies to all Ch-center clients.
TOS applies automatically to all Ch-center clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO CH-CENTER'S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site. In this document, Ch-center Shared Hosting sections apply to subscribers of the Shared Hosting packages, Ch-center ChServer sections apply to Dedicated Servers and Virtual Servers subscribers.
General
Ch-center, agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of Ch-center services constitutes acceptance and agreement to these Terms Of Service and all attachments. Ch-center will make all reasonable efforts to provide a quality service to the Customer.
Privacy
Ch-center will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes Ch-center to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
IP Addresses
Any IP Addresses allocated to the Customer by Ch-center must be maintained by the Customer in an efficient manner as deemed by RIPE and utilized at 80% within 30 days of assignment by Ch-center to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by Ch-center after five days notice to the Customer. Ch-center shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Ch-center, and Ch-center reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Other Services
Upon request by the Customer, Ch-center may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer's use of the Customer Space.
Installation, removal, replacement, maintenance and access to equipment
Ch-center Shared Hosting and Ch-center ChServer
Ch-center is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.
Immediate Threats
If, in the determination of Ch-center, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of Ch-center or any other user of the Premises, or poses an immediate threat to the safety of any person, then Ch-center may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer's (or its customers') businesses. As soon as practical after performing such work, Ch-center will advise, by email, the Customer of the work performed or the action taken.
Relocation
The Customer will, upon email request from Ch-center's, relocate the Equipment, server or web site to other space offered by Ch-center within 30 days of such request.
Insurance
Under no circumstances will Ch-center be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then Ch-center may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer's default is non-payment of any sums due to Ch-center, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, Ch-center may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to Ch-center as well as any costs (including reasonable legal fees) incurred by Ch-center in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month's Payment shown in the Service Order must be paid by the Customer to Ch-center before commencement of the Term. All other invoices must be paid by the Customer within 7 days from the date of Ch-center's invoices, which invoices will be issued 5 days before the end of the last paid period.
Late payment
Service will be interrupted on past due accounts after a 24 hours notification.
Changes
Upon 30 days or greater written notice prior to the end of the initial commitment, Ch-center may change any fees payable under this Agreement.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on 3th of December, this account may be modified on the 3th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Payment obligation
Upon account activation, Ch-center reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.
Credit Authorization
Please read: http://www.ch-center.com/content.php?type=product&id=20
Guaranteed network availability
Ch-center will provide 99.9% transit to the Internet to all the customers who have purchased said service from Ch-center Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Guaranteed electrical power
Ch-center guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Guaranteed hardware replacement
At any time, dysfunctional dedicated server hardware will be replaced within four hours. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Force Majeure
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Backup copies
Ch-center Shared Hosting
Ch-center will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. Ch-center should not be held responsible of any loss of data or data corruption.
Ch-center ChServer
Ch-center can, upon request, activate a minimal (1GB) free backup service for dedicated server customers. The Customers purchasing management packages can also ask Ch-center to activate their backup service. Backup Service is provided without any guarantee and only activated upon request. The Customer using Ch-center's backup services must make sure he receives the daily backup report and that the report is reflecting the desired backup configuration. The Customer must keep a personal backup copy of its softwares, sites, databases and all hosted content. Ch-center should not be held responsible of any loss of data or data corruption.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
Entire agreement.
This Agreement including the attachments hereto and any Services signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, CH-CENTER MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.
Severability and Reformation
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Choice of Law and Attornment
This Agreement shall be construed in all respects in accordance with the laws of Romanian jurisdiction.
Complaints
Complaints or TOS & AUP violations must be reported to abuse@ch-center.com, by fax (+40 21 436 0008) or by mail at : Ch-center, Str. Pacii, No. 36, 077040 Com. Chiajna, Romania.
Changes and rights
Ch-center may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Ch-center may impose from time to time, provided that the Customer has been given 30 days notice. |
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