Service Agreement - By purchasing our services, you agree
The following Service Agreement (TOS or Agreement) applies to all services provided by OpenZone
Orders
In order for a Visitor to become a Customer, he/she must submit an order through OpenZone’s billing system. During order submission, the Visitor is responsible for the accuracy of all information provided.
Errors during the registration process due to inaccurate order information may result in delays in activation of the service or rejection of the order.
You must be 18 years of age or older at the time of ordering.
All orders will be scanned for fraudulent activity and may be held for manual human verification. You may receive a notice that your order has been rejected if it does not pass our fraud verification process.
In such cases, no order will be accepted and no service will be activated until the issue is resolved through manual verification.
The Company may or may not make a reasonable effort to contact you via the contact information provided during the order process to verify your order, and it is your responsibility to contact a Company representative via Live Chat, phone or email to have your order verified.
The Company is not obligated to provide any services that are not explicitly included in the order.
Visitor must follow all requirements for submitting your order and provide accurate information during the registration process. Should any problems arise during the process, the Visitor or Customer is responsible for informing the Company.
The Company is not responsible for any problems caused by incorrect shipment of the order or any problems that the Visitor has not reported to the Company.
Personal information
The personal information submitted during the registration process will be established and available in the “My Details” section of the Customer’s client area.
The person or entity listed in the “My Details” section will be considered the account holder. It is the Client’s obligation to ensure that the data entered in this section is correct.
It is the Client’s obligation to keep contact details such as first name, last name, email and telephone number up to date and to ensure that he/she has access to the contact email address used to log in to the Client Area/account.
The Company is not obligated to provide any account-related access, data or services in the event that the Customer is unable to access his/her Client Area/Account due to loss of access to his/her email address or password.
In the event of a dispute over ownership, the account will be blocked until the parties to the dispute agree on a resolution, or until the matter is judicially resolved.
Payments
Once the order is submitted, an invoice will be generated.
No se activará ningún servicio hasta que se envíe el pago correspondiente al pedido en virtud del cual se añade el servicio específico. Invoices are due immediately upon receipt, and all fees are net of applicable taxes.
The Customer is responsible for any additional fees or taxes that may be charged by its bank or payment service provider, such as, but not limited to, currency conversion.
All services provided by the Company are automatically billed on a recurring basis, and an invoice will be issued at least 7 days prior to the due date of the service, except for services that are explicitly advertised as “One Time” services.
In the event that any of the services configured as recurring are not explicitly cancelled and suspended by the customer in accordance with the “Cancellation and Refunds” policy, the customer will be charged the applicable service renewal fee based on their billing cycle and the regular price of the service.
In the event that an automatic renewal charge fails, and you do not renew or cancel the service, we will make additional attempts to charge your credit card(s). We will first attempt to charge the primary credit card on file.
In the event that the primary credit card fails, we will reattempt to charge other credit cards on file in the order listed in your Client Area. In the event that we are unable to charge any of the available credit cards, the service will be suspended until the Customer makes payment.
The Company is not responsible for any loss, including files, emails, domains or lost profits, as a result of the suspension or termination of the service due to non-renewal or because your registered credit cards have expired or are no longer valid for any reason.
Any service other than a shared hosting package, virtual private cloud server or dedicated hosting server is considered an Extra service.
All Extra services are non-refundable. For some Extra services, additional Terms of Service available at Third Party Service Terms may apply.
Customer understands and agrees that service upgrades are made through separate orders associated with a separate invoice. Invoices related to service upgrades are due the same day, and service upgrades are only made once payment has been submitted.
In the event that such invoice is not paid by the customer at the time of the order, the outstanding payment may be processed automatically within 24h if the customer has not requested otherwise.
Pricing and renewal
The terms “Introductory Price”, “Initial Price”, “Promotional Price” and “Special Price” apply only to the price of the first invoice and the initial term of service.
The terms “Renewal Price”, “Normal Price” and “Standard Price” apply to the price of any renewal invoice after the initial term has ended.
Customer acknowledges that any special initial pricing applies only to the first invoice. After the initial term is over, regular renewal pricing will apply.
Pricing for the OpenZone Services is based on, among other things, three primary factors that may or may not be under the direct control of the Company:
- infrastructure costs,
- the cost of labor for services involving human labor,
- and the price of third party services or products that are directly or indirectly related to the normal operation of the OpenZone Services.
OpenZone reserves the right to change the price of any product, service or its corresponding recurring, renewal or installation fee in the event of substantial fluctuation in the price of any of the price forming factors.
In the event of such a change, OpenZone will make a reasonable effort to notify the customer at least 7 days prior to the expiration and renewal date of its product via email and company blog.
OpenZone reserves the right to change the terms of any promotion at any time in the event of a substantial fluctuation in the prices of any related product or price-former.
The current service fee(s) and payment method(s) available are listed on our website. Customer acknowledges and agrees to pay the fee(s) for the respective Service(s) indicated on our website at the time of submitting its Order.
OpenZone reserves the right to change rates and plans at any time without notice. Rate changes will be effective immediately and will apply to Customer upon Customer’s next purchase or renewal.
Customer acknowledges that all products will renew at the Renew/Standard/Regular price indicated on our website after the initial billing cycle/term is over.
Customer acknowledges that all promotional discounts apply to the initial billing cycle/service term only. All services will renew at the Renew/Standard/Regular price listed on our website.
Service activation
All services are considered active right after payment for the service is sent. La activación y la disponibilidad del servicio pueden producirse simultáneamente o no.
Only services explicitly advertised as “immediate activation” are available immediately after payment for the service is sent and the service is set as active.
Services such as Virtual Private Servers and Dedicated Servers, as well as additional services that require technical time to set up or complete, may have a longer activation time.
Order and service status does not imply any service availability status. Upon activation of the service, a written confirmation will be sent to the Customer via the support ticket system or email notification.
The Company is not responsible for any delay in activation of the service caused by incorrect or incomplete information provided by the Customer.
Company is responsible for providing the service as fast as technically possible and certain compensation may be issued to the Customer in case we fail to do so taking into account our SLA.
Use of resources
Customer is responsible for maintaining and using its services properly to ensure the smooth operation of the hosting environment and other customers’ accounts located in the same environment.
This requirement places certain limitations on the use of resources and activities, either by law, by the Company’s Terms of Service or by the resource usage restrictions stated in the product pricing table and Resource Usage agreement.
Technical Support Policy
OpenZone provides free technical support as a complementary service to all hosting services and additional services. The technical support service is an additional service not included in the hosting service at the time of contracting.
This means that the company will act to the best of our ability to assist with any technical or non-technical issues to the best of our knowledge and availability of staff where feasible without any guarantees or commitments, except for the services explicitly stated in the feature set of the hosting services.
In the event that any technical or non-technical problem arises that cannot be resolved by the company’s support staff, the company is responsible for providing as much information as possible about the problem, as well as a detailed report on the reasons why it cannot help further.
Although we are committed to resolving all technical problems that a customer may experience, we may deny technical support service or apply additional service fees in one of the following cases:
⦿ A technical problem related to a third-party product or software.
⦿ A technical problem that requires an excessive amount of time.
⦿ A technical problem that requires development work or in-depth debugging and code analysis.
⦿ If the customer has submitted an excessive number of support requests during the last billing cycle for their service.
⦿ Any technical or non-technical case for which the provision of support is not economically, technically or physically feasible for the company.
The Company, however, is under no obligation to complete the requested task within any time frame or to achieve any particular result or outcome.
Uptime, availability and compensation
All reasonable efforts will be made by OpenZone to make the Covered Services available with a Service Uptime of at least 99.9% (the “Service Uptime Guarantee” or “SUW”).
In the event OpenZone is unable to meet the SUW, and Customer satisfies the terms of this SLA, Customer shall be eligible to receive Service Credits.
A “Service Credit” shall be the percentage of the monthly invoices charged to Customer for a Covered Service Instance (the “Service Credit Percentage”) that has experienced Service Downtime during the applicable month.
Garantizamos que nuestra Red Pública estará disponible el 100% del tiempo en un mes determinado, excluyendo el mantenimiento programado o de emergencia.
Otherwise, we will apply a service credit of 10% of your monthly fee for each hour of network downtime, up to 100% of your monthly fee for the affected service.
Garantizamos que su sitio Web/servidor estará disponible el 99,9% del tiempo en un mes determinado, excluyendo el mantenimiento programado o de emergencia.
En caso contrario, aplicaremos un crédito de servicio del 10% de su cuota mensual por cada hora de inactividad de la red, hasta el 100% de su cuota mensual por el servicio afectado.
In no event will the value of any Service Credit for any given month exceed 100% of the rates billed for the applicable Covered Service Instance during that month.
The calculation of network availability is based on OpenZone’s internal records. We will not accept third party reports as evidence that you are entitled to compensation under this agreement.
Exemption from service
(a) the associated period of unavailability will not be considered Service Downtime,
(b) such Covered Service Instance will be considered available and
(c) Customer will not be entitled to any Service Credit.
A "Service Waiver" shall include unavailability, delays, interruptions or downtime caused by:
⦿ A scheduled or planned Maintenance Event (defined in the Maintenance Events Section), provided that OpenZone has given Customer at least two (2) days’ notice, which will be sent to the email address registered by Customer in Customer’s Account;
⦿ Factors beyond OpenZone’s reasonable control;
⦿ Use of any of the OpenZone Services, by Customer or any Customer End User, in violation of the MSA, this SLA or applicable law;
⦿ Force Majeure Events, including but not limited to acts of war, acts of God, acts of God, natural disasters, pandemics, power outages, denial of service attacks, communication line and/or Internet failures, and the occurrence of vulnerabilities or exploits that could not have been prevented by reasonable commercial care;
⦿ Customer’s software, equipment or technology, and any interaction thereof with any of the OpenZone Services; or
⦿ Third party equipment, software or technology and any interaction thereof with the OpenZone Services.
⦿ Downtime during upgrade/downgrade of your VPS or Dedicated Server resources;
⦿ Downtime caused when you reach the maximum resource allocation for your plan;
Maintenance events
OpenZone will use reasonable efforts to attempt to minimize the impact of Maintenance Events, but shall have full discretion to determine the need for and extent of any Maintenance Event.
Additional services and third-party services
All or some of the OpenZone Services may or may not include third party software or services as part of the hosting packages or services that enhance the user experience or add additional functionality, features or security/performance enhancements.
By using OpenZone’s hosting services, Customer acknowledges that some features or functionality may be part of third party services or software, not developed or maintained by OpenZone.
A list of third party services is available for review in the Extra Services and Third Party Services section of this TOS. Customer acknowledges that this list may not include all Extra Services and Third Party Services and Software.
Customer acknowledges that OpenZone is not responsible for the availability, maintenance or official support of these services and cannot guarantee their functionality.
Promotions
Any product or service may be subject to additional terms or conditions of service based on the Promotions Terms of Service available in the Promotions Terms of Service.
Customer acknowledges that the Promotions Terms of Service may not represent a complete list of all promotions.
Customer is entitled to receive complete information about the terms of any promotion or free, discounted or discounted feature/product upon request by contacting OpenZone’s sales agent via OpenZone’s live chat available at https://www.OpenZone.info.
Limitation of the company's liability
OpenZone SHALL NOT BE LIABLE FOR
(i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS OR LOST REVENUE RESULTING FROM CUSTOMER’S OR ANY THIRD PARTY’S USE OF THE PRODUCTS AND SERVICES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR
(ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA ARISING FROM DELAYS, NON-DELIVERIES, UNDELIVERIES, SERVICE INTERRUPTIONS, FAILURES IN OpenZone’s NETWORK, SERVER CLAIMS BY OpenZone, SERVER FAILURES, THE RELOCATION OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF OpenZone.
CUSTOMER IS SOLELY RESPONSIBLE FOR SAVING, BACK-UP AND ARCHIVING ALL CUSTOMER OWNED, CONTROLLED OR TRANSMITTED DATA RESIDING ON THE OpenZone NETWORK OR ON ANY SERVER OWNED OR OPERATED BY OpenZone.
IN NO EVENT SHALL OpenZone’S TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO OpenZone IN THE BILLING CYCLE IMMEDIATELY PRECEDING SUCH CLAIM.
OpenZone PROVIDES ALL PRODUCTS AND SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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