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Terms and Conditions of Hosting Service


This Terms of Service Agreement ("Agreement") is entered between ViArt Software company ("Company") and Customer, and is made effective as of the date of Hosting Services electronic bill payment.

This Agreement sets forth the general terms and conditions of your use of the Hosting Services ("Services") and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular products or services.

The Company reserves the right to change these terms and conditions, and any information contained on the site, at any time, at its sole discretion, without notice.

2. Supply of the Services

2.1. The Company guarantees to the Customer that the Services will be provided using exceptional care and skill resulting in availability of the web server's physical connection amounting to 99% annual online time. Exceptions thereof are downtimes due to technical or other problems, which are not under the Company’s sphere of influence (force majeure, fault of third party etc.).

2.2 Light, Standard, Enterprise and Premium Hosting packages come along with pre-installed ViArt Shop Software. Each copy of the Software has a valid e-commerce license provided on the lease basis. The Customer is not required to pay any additional fees related to the license use. The Software license becomes inactive in case of hosting account termination.

2.3 The Company reserves the right to block sites from internet access and to cancel the contract without notice, if there should be any questionable content published on the servers violating the law of Customer’s home country.

2.4 The Company does not register any kind of domain names. Upon creating a hosting account Customer is provided with a test URL and Nameservers records which Customer can use for their exisiting domain.

2.5 The Company shall be entitled to vary the Charges from time to time with effect from the date specified in the Amendment Notice. The Company shall issue an Amendment Notice no later than 4 weeks prior to the date that any variation of the Charges shall come into force.

2.6 If the hosting bill is not paid within 30 days from the issue date, the Company shall be entitled to suspend the account. The Account will be renewed upon the invoice payment.

3. Duties of the Customer

3.1 The Customer agrees to pay for all products, services and features in advance except when noted otherwise.

3.2 The invoice for Hosting Services shall be entered into the Customer's User Home > My Orders section and the Customer shall be responsible for checking receipt.

3.3 The customer acknowledges that paid invoices related to all services are non-refundable, in whole or in part if the contract is terminated by the customer during the period to which the payment relates.

3.4 The Customer shall complete their own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.

3.5 The Customer has to always keep current backup copies of all data stored on the web server. Those backup copies shall not be saved to the web server.

3.6 The Customer need to ensure that site complies at all times with all relevant laws and obligations in any territory in which the Customer is situated or in which the Customer's Website may be accessed or made available.

3.7 The Customer must not use the hosting account to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is called "spamming".

3.8 The Customer must not use the hosting account in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature.

4. Liability

4.1 To the extent permitted by law, the Company shall not be liable to the Customer save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract or otherwise to the Customer.

4.2 So far as is permitted by law and subject to Clause 2.1 the Company makes no warranty to the Customer as to the quality of the Services or Equipment or the fitness for purpose of the Equipment and in any event, the Company shall only be liable for material breaches of its obligations under this Agreement.

4.3 Neither party shall have any liability to the other in respect of any breach of this Agreement for loss of revenue, business, anticipated savings or profits or any loss of use or value of any equipment or for any indirect or consequential loss howsoever arising.

4.4 The Company disclaims all liabilities in connection with the following:

  • loss of material uploaded
  • incompatibility of the site with any of the Customer's equipment, software or telecommunications links
  • technical problems including errors or interruptions of the site
  • unsuitability, unreliability or inaccuracy of the site.
  • damage, loss or corruption of the Customer's data in any way including but not limited to unavailability following the termination or suspension of the Customer's account.

Nothing in this Agreement shall prevent the Company from pursuing payment of a debt against the Customer.

5. Data Privacy

5.1 All information, mail messages and other data stored on the Company's computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of the Company's back up services and/or providing the Customer with the Services and/or for the Company's own internal purposes such as market research.

5.2 The Company commits itself to provide the Customer by request anytime and free of charge with complete information about the recorded data, as far as it concerns the Customer. The Company shall neither forward this data nor the contents of private Customer messages to third parties without permission from the Customer. Exceptions to this are legal obligations of the Company to reveal this data to third parties, particularly government agencies, or when internationally accepted technical standards may call for it and the Customer does not disagree.

5.3 The Company expressly adverts to the Customer that data protection can not be comprehensively guaranteed for data transfer in open networks like the internet according to the current state of technology. The Customer is aware that due to the technical conditions, the Company may review anytime the websites stored on the server and further data as the case may be. Other internet users may as well have the technical ability to disturb the network security without authorization and to control the communication traffic. Therefore, the Customer is responsible himself for the security of the data he transfers to the internet.