TERMS OF SERVICE AND USER AGREEMENT
This Terms of Service and User Agreement (the ‘Agreement’) envisages the terms of engagement of the services for website hosting, custom solutions, domain registration, and website development provided by the Aland Cloud GmbH (the ‘Service Provider’), and availed by any the Customer (or the ‘Client’ or ‘User’).
At the outset, the Customer shall provide billing details and any other information necessary for the Service Provider to maintain website hosting and domain registration services. Any information not provided at the sign-up of the products offered or any additional information as may be required will be requested by the Service Provider and provided by the Customer.
Signature on our order form, submission of an online order for service, or any communication by which the services of the Service Provider have been availed will constitute agreement and consent to this binding Agreement.
General Payment Terms:
Payment for the custom services and bundled products offered by the Service Provider have to be paid in advance using the authorized payment methods (PayPal, or Debit/Credit Card) via alandcloud.com/pricing which will be billed to the Customer monthly or annually, whichever is applicable. Authorized online payments methods are the only mode of payment that the Customer can avail, and the Service Provider will be under no obligation to receive payments via any other mode (cash, check, cryptocurrency, etc.).
It will be the obligation of the Customer to ensure up-to-date payment information and sufficient funds for the next automated billing cycle after availing the services of the Service Provider. In case of any default or delay in payment for any billing cycle, the Customer shall be responsible to rectify the default within a period of 24 Hours. During the period of default, the Service Provider shall not be responsible for any service interruptions, and shall not be liable to make any payment to third-party service providers on behalf of the Customer.
If the Customer defaults, the Customer agrees to pay the Service Provider its reasonable expenses, including attorney and other fees, incurred in enforcing its rights under this Agreement.
Website Hosting and Domain Registration Payment Terms:
Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly or yearly, which ever is applicable. Payment is due immediately by the 14th day from the subscription of services each year.
Termination of Website Hosting Services with the Service Provider requires a 14-day advance notification duly communicated to the Service Provider via phone, e-mail or postal mail.
The Service Provider reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change, and reserves the right to cancel hosting service at any time.
Billing for Domain Registration will commence immediately during the initial payment for the custom services and bundled products by the Customer, and shall be invoiced monthly or annually, which ever is applicable. Payment is due immediately by the 14th day from the subscription of services each year.
Termination of Services with the Service Provider requires a 30-day advance notification duly communicated to the Service Provider via phone, e-mail or postal mail. If a customer chooses to register and activate their domain name through the Service Provider, their domain name registration will expire with their website hosting service.
The Service Provider reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change, and reserves the right to cancel domain registering along with hosting service at any time.
SSD Storage and Bandwidth:
The Service Provider will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, the Service Provider will notify the Customer, and the Customer can contact the Service Provider to make arrangements for additional resources at additional payment. Notwithstanding anything contained under this clause, the Service Provider shall have the right to take corrective actions for exceeding resources or unreasonable/abusive use of resources. Such actions may include assessing temporarily discontinuing services, or terminating the current agreement. The Service Provider shall not be liable or responsible for any corrective action(s) taken under this Clause of the Agreement.
If the customer feels that more SSD Storage and/or Bandwidth is required, it is the Customer’s responsibility to contact the Service Provider at firstname.lastname@example.org to discuss options for additional resources, or upgradation of existing plan.
Prohibited Use by Customers:
All services provided by the Service Provider shall be used only in accordance of the appropriate laws and regulation. Storage, documentation, transmission, or presentation of information or data that violates any Domestic law of Germany, or the laws of any other appropriate and applicable jurisdiction is strictly prohibited. This includes, without limitation, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statutes.
The Service Provider prohibits website hosting and any other service for Customers participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, pornography, or spamming. The Customer agrees to indemnify and hold the Service Provider harmless from any claims or liabilities resulting from his/her use of the Service Provider’s services that damage the customer or another party.
The Service Provider shall not be responsible or liable for any interruptions of service beyond its control. This includes interruptions by its suppliers, natural disasters, and those arising due to non-payment by the Customer.
Confidential Account Credentials:
The Customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden.
If a Customer chooses to share any account information or password with any person from or outside of such Customer’s team, or any third party, the Service Provider shall not be responsible or liable for any detriment or damages that the Client may incur or suffer. Additionally, if such sharing by Customer results in any detriment or damage to the Service Provider, the Customer shall be responsible to compensate and indemnify the Service Provider in full.
If a Customer believes that its user ID or password has been compromised, the Customer agrees to contact the Service Provider immediately via e-mail or telephone.
The Customer is solely responsible for all content posted or stored on their website and web hosting space. The Service Provider exercises no control over or management of the content or information contained on the website of the Customer or the servers used for hosting such website.
The Service Provider will not be responsible for any direct, indirect, or consequential damages to the Customer or any third-party which may result from the use of this service by the Customer or any other related or unrelated third parties.
The Service Provider is not responsible for backing up data or recovering data in case of loss on the Customer’s behalf. There are no warranties expressed or implied for the services provided by the Service Provider or the software used by the Customer. The proposed process of backups are automated with no cautious or day-to-day oversight of the Service Provider, and shall not be construed as any warranty or guarantee for absolute or proper backup the data.
Cancellation and Refund Policy:
The Customer shall provide a 14-day advance notice prior to canceling the services of the Service Provider, and the website hosting account. Upon cancellation, the Service Provider will immediately cancel the services.
At the time of cancellation, all website data/files, email accounts, and e-mails will be deleted from the Service Provider’s server, and the Customer shall be responsible for requesting a backup of these files.
The Service Provider provides a one-time free trial offer of 14-day guaranteed refund of payment excluding the setup fee to the new customers availing the services of the Service Provider. Such refund shall be processed to the Customer’s desired account after deducting the appropriate setup fee within a reasonable time period.
Aland Cloud GmbH through alandcloud.com has its registered office address at Mühlenstraße 8a, 14167 Berlin, Germany.
This Agreement will be performed in and governed by the laws of the Germany.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to the breach or validity thereof, shall be initially resolved by mediation and settlement between the parties. If no settlement has been reached or the dispute resolved within a period of thirty (30) days from the date of notice of Mediation, the parties are at liberty to approach the Court of competent jurisdiction.
The Courts in Berlin, Germany shall have the exclusive and absolute jurisdiction to adjudicate any dispute under this or in connection with this Agreement, and the parties herein waives their right to challenge such exclusive and absolute jurisdiction.