This agreement is between the client (you) and Velumi (Velumisphere AB) and contains information about the services provided by Velumi and legal rights and remedies.
1. The Service
Velumi provides the client with website-, or application hosting within different cloud environments. Velumi combines services from cloud hosting providers such as, Iaas, Saas, monitoring and backup .The Velumi platform combines these services to create The Service.
Velumi shall provide the client with hosting services and will be responsible for the hosting it self. The client are responsible for the content (Website, cms, content, code base etc) on the hosting service. A more advanced setup outside the hosting service can be provided if the client asks for it and the Velumi team accepts the task. Other services should be agreed outside and not in conflict with this agreement.
2. Client content
Client are responsible for all content placed on the hosting service. Content could be photographs, texts, logos and such. The client are responsible for website management, website development and all files and content on the hosting service. Velumi is not responsible for corrupt files or other content damaged by client. The client also is responsible for all website or cms updates. Velumi shall never be held responsible for anything placed by client on the hosting service.
Velumisphere AB 556999-0699 Smedjegatan 9 392 39 Kalmar SWEDEN – SE
If the client use the hosting service for any kind of illegal actions the service can be shut down immediately with no refunds.
Velumi provides backup ́s of the hosting service but strongly recommend that the client keep backups outside the hosting service as well.
Although we do perform regular backups of your site and content, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You hereby agree to maintain a complete and accurate copy of any content in a different location.
4. Availability for third party/Uptime
Our mission is to deliver really fast hosting at all times with uptime better than industry standards. We will though keep the rights to perform scheduled and non scheduled security updates and maintenance interruptions to increase the performance of our services. Therefor Velumi shall also not be held responsible for any interruptions.
5. Visitors, storage and use of bandwith
If the client exceeds the agreed limits for bandwidth usage or storage Velumi will automatically charge or bill the client for upgrade of service to suit the amount of bandwidth and/or storage that the client needs.
6. Rights of content
The client agrees to be solely responsible for all content placed on the hosting service and Velumi shall never use, claim ownership or provide other clients with content placed within the hosting service.
The client agrees to never claim ownership of any of the tools whitin the hosting service or others provided by Velumi.
Both the client and Velumi agrees to keep information about this agreement, the service, the content, the tools, softwares provided by Velumi and client designs, source code, software, processes and financial numbers confidential. Velumi internal processes informs our staff about our confidentiality agreement.
The service shall be paid for by the method of the clients choice of, by Velumi, acceptable choices. The monthly, quaterly or annual payments will be automatically be charged in advance to the chosen payment method which the client hereby accepts. Velumi may suspend or put the hosting service on hold without notice if client payment fails. Failure of payment 30 days after last day of payment gives Velumi the right to suspend this agreement and other agreements besides this with the client.
You agree to pay the Fees beginning on the Effective Date and according to the payment terms set out in the Order. If no payment terms are specified, Fees shall be due in full in advance, except for usage or overage fees which are invoiced monthly in arrears. If the Order sets any limit on your use of Services (such as number of visitors) and that limit is exceeded, you will be responsible for the applicable overages. You agree to the issue and acceptance of invoices in electronic format. We will invoice you immediately upon execution of the Order and on each renewal date thereafter. Invoices will be sent to the billing contact you designate in the Order or the User Portal.
It is your responsibility to maintain accurate and up-to-date billing details and ensure the Fees are paid by the due date. If you fail to maintain accurate and up-to-date billing details, your account may be suspended until such details are provided.
9. Price trends
Velumi reserves the right to change the fees charged for the hosting service with notice in advanced to the client outpointed email. If the client does not agree to any price corrections the hosting service may be cancelled when the last period of, already paid for, hosting ends. Price will never change within an period already paid for, only from the next payment/period of service.
10. Power and authority to enter agreement
Client warrants that he has the autority to enter this agreement and the power to fulfill it ́s content.
Client agrees to hold Velumi, it ́s directors, staff and agents free from responsibility from any lawsuits or any inconvenience caused by the client.
Velumi agrees to hold the client, it ́s directors, staff and agents free from responsibility from any lawsuits or any inconvenience caused by Velumi.
12. Liability limitations
Velumi shall have no liability for unauthorized access or use of the hosting service. Velumi strongly recommend the client to use secure passwords and have internal processes that keeps the security level high. Velumi is working recurring to provide a industry high security level on all aspects.
13. Termination of agreement
Each party (Velumi and client) can terminate the agreement at any time. The agreement will be terminated at the end of the active period. If the agreement is on monthly basis the termination will be the last date of the next month. If the agreement is on any other (yearly for example) basis it will be terminated in the end of the period.
14. Cooperation and friendly manner
Both Velumi and the client agrees to help each other in best way possible and in good faith to make this cooperation great 🙂
15. Changes and/or additional agreements
No agreement outside The Terms Of Service should be valid unless it ́s in writing and signed by both the client and Velumi.
16. Force majeure
If the possibility to honor the agreement is prevented by all kinds of force majeure Velumi, the client or both shall be excused from any damaged caused.
This agreement shall be in harmony with laws of Sweden and everything about this agreement should be decided in Sweden.
Communication regarding this agreement shall be addressed as follows: Email: [email protected]
Client shall designate one person who will act as the primary contact regarding this agreement, the person is the one that accepts this agreement.