1.1 These Terms and Conditions govern the relationship (the “Agreement”) between the customer (“Customer”) and Crystone AB (“Crystone”) regarding the VPS or dedicated server service (the “Service”). Additional terms and conditions shall apply to certain additional services.
1.2 The Customer may be an adult physical person or a legal person. The Agreement between the parties may not be extended by the Customer to include an additional party.
1.3 The Service means that the Customer rents the hardware placed at Crystone. Crystone shall be responsible for ensuring that the hardware in the server works. The Customer shall have no physical access to the server.
Section 2. Scope
2.1 To clarify which services are covered by the Agreement, the Customer may refer to the order confirmation or quotation which is sent in connection with the order.
2.2. Services covered by a special additional agreement shall include:
- SLA (Service Level Agreement) (Appendix 1). Read here.
- Backup (Appendix 2). Read here.
Other services may also be covered by a special additional agreement. In those cases, the Customer may refer to the relevant agreement.
Section 3. Period of the Agreement
3.1 Unless otherwise agreed, the initial period of the Agreement shall be twenty-four (24) months, whereupon the Agreement may be extended by three months at a time.
Section 4. Payment Terms
4.1 Payments shall be made in advance on a quarterly basis and the payment terms shall be ten (10) days net. If a payment has not been made by the due date, Crystone is entitled to assign the collection of the debt to a third party and to immediately discontinue the provision of the Service. This shall apply unless other payments terms have been agreed upon.
Section 5. Termination
5.1 The termination period shall be 3 months counted backwards from the end of the current period. If you choose to terminate your service before the end of your contract period, then it will be a charge 20% of the remaining contract to cancel.
5.2 The notice of termination must be drawn up in writing on a form as indicated by Crystone. There is a 30 day cancellation period once the cancellation letter has been received.
5.3 Crystone is entitled to terminate the Service with immediate effect if the Customer has breached any of the provisions of this Agreement or any additional agreement.
5.4. The Customer’s data shall be erased from the storage media in the server when the termination comes into force. The Customer is entitled to buy storage media. This must be reported to Crystone in connection with the termination.
5.5. Crystone is entitled to re-use hardware subsequent to termination.
Section 6. Service fees
6.1 Crystone shall normally charge an invoice fee of SEK 45.00 (exclusive of VAT) in connection with each invoice, unless the invoice is electronic.
6.2 Interest on late payments shall be due in accordance with the provisions of the Swedish Interest Act, at a rate of 2.00% per month from the due date until the payment has been made.
6.3 Objections against invoices shall be made in writing within ten (10) days of the receipt of the invoice by the Customer. Where the Customer has objected to the invoice in time and quoted an objective reason against the charge, Crystone shall grant a reprieve with regard to the payment of the disputed amount. If a reprieve has been granted, interest on late payments shall be due only for the part of the disputed amount that the Customer is obliged to pay.
6.4 Fees may be changed only in connection with the next contractual period and the Customer shall be notified thereof at least one (1) month prior to the beginning of a new contractual period. Fee reductions do not need to be announced in advance. As regards fee increases, the Customer is entitled to terminate the Agreement within seven (7) days of being notified of the fee increase.
6.5 Where the Customer uses more than the allowed amount of traffic, Crystone is entitled to directly charge the Customer in accordance with the applicable price list. Retroactive charging shall also be possible. Crystone is also entitled to draw up an permanent agreement with monthly or quarterly charging for the increased amount of data transfer. Crystone is also entitled to draw up an permanent agreement with monthly or quarterly charging for greater bandwidth, if justified.
6.6 Temporary campaigns shall not apply to existing customers.
Section 7. Assignment of services
7.1 The Customer may assign the Service to a third party subsequent to Crystone’s consent. The request for assignment shall be made in writing on a form as indicated by Crystone. The new Customer shall not be liable to pay for liabilities which have arisen prior to the assignment.
Section 8. Crystone’s responsibility
8.1 Crystone shall exercise no control over the information or materials which are placed on the Customer’s server and shall, therefore, not be liable for any direct or indirect damage that has arisen as a result of the Customer’s actions or due to deficiencies in the Customer’s server. Crystone shall not be held liable for any damages in connection with intrusions on the Customer’s server.
8.2 Crystone is entitled to move the Customer’s server to another location in the same server hall or to another server hall in another location. The Customer shall be notified thereof at least fourteen (14) days prior to any such relocation.
8.3 Crystone shall treat any and all information about the Customer as confidential information in order to protect the Customer’s integrity. Crystone may, however, be ordered to provide information about the Customer by a court injunction or a police request.
8.4 Crystone’s liability for property damages shall extend only to compensation for direct loss and shall be limited, as a maximum, to what the Customer pays to Crystone AB for 12 months pursuant to the existing Agreement. No compensation shall be due under any circumstances for indirect losses such as reduced production or sales of the Customer’s business.
Section 9. Broken hardware
9.1 Crystone is obliged to replace within a reasonable period of time, any broken hardware, for example, broken hard disks. In the event of broken hardware, Crystone undertakes to restore the system (software and hardware) to the same condition as at the time of the initial installation at no extra cost. The above shall apply if the defect arises within two (2) years of the commissioning of the server. Charges in accordance with the applicable rates shall be due for software and hardware problems which arise more than two (2) years after the commissioning of the server.
Section 10. Loss of data
10.1 Crystone shall take no responsibility for loss of data in connection with hardware or software faults which have not been directly caused by Crystone.
Section 11. Service agreement
11.1 Unless otherwise agreed, Crystone shall provide the Customer with support during office hours (between 08:00 and 17:00 on workdays). Crystone is obliged to assist the Customer as soon as possible during office hours. In return, Crystone shall charge the Customer hourly charges at the respective rates that are applicable at any time. The above shall apply if Crystone can offer the desired competence. As regards support during different hours, the Customer must have signed a service agreement with Crystone.
Section 12. Customer’s responsibility
12.1 The Customer undertakes to abide by Swedish and international law. The Customer shall be fully responsible for any and all actions it carries out via its equipment.
12.2 The Customer shall be liable for damages arising if the Customer has been affected by hacking or DOS (Denial-of-Service) attacks. Where the Customer consciously or unconsciously exposes Crystone’s IP network, system or other Customers to risks, high load or similar, Crystone shall be entitled to directly shut down the Customer’s service and subsequently notify the Customer.
12.3 The Customer shall be responsible for ensuring that the programs used on the Customer’s computer have valid licenses.
12.4 The Customer shall be responsible for keeping the information about the Customer’s address, telephone, fax and e-mail-address and contact person up to date in Crystone’s Customer Register. Crystone shall be notified of any changes therein.
Section 13. Policies
13.1 Where Crystone suspects that the Customer abuses the Service or violates this Agreement, Crystone is entitled to immediately shut down the Customer’s Services while waiting for an action from the Customer.
Section 14. Operation and maintenance
14.1 In the absence of a separate agreement, any compensation for operational disturbances shall be governed by Crystone’s basic SLA. Information about it is available on Crystone’s website.
Section 15. Confidentiality
15.1 Crystone shall apply the provisions of the applicable confidentiality acts to all Customer information and any other information regarding the Customer with regard to third parties. Crystone may not be held liable for Customer information unless the Customer has expressed an explicit desire regarding it.
Section 16. Amendments to terms and conditions
16.1 These General Terms and Conditions shall apply until further notice. The Customer shall be notified of any amendments to these Terms and Conditions at least one (1) month before they come into effect. Crystone is entitled to notify the Customer of the new Terms and Conditions via the e-mail-address or fax number specified by the Customer or in any another way deemed fit by Crystone.
Section 17. Miscellaneous
17.1 By accepting the Terms and Conditions of this Agreement, the Customer agrees to receive information and news from Crystone by e-mail and ordinary mail.
17.2 For Customers using licensed SPLA software from Microsoft, a special additional agreement regarding SPLA licenses shall apply. (Appendix 3). Read here.
Section 18. Force majeure
18.1 Crystone shall be relieved from the obligation to pay damages and other penalties if Crystone’s obligations are prevented or significantly obstructed by a circumstance which is outside the control of or could not have been predicted by Crystone, for example, an industrial action, stroke of lightning, fire, atmospheric disturbances, legal enactments, regulatory action, strike or a similar circumstance.
Section 19. Disputes
19.1 Any and all disputes regarding the interpretation or application of the agreements and any legal relations related thereto shall be settled finally by arbitrators pursuant to Swedish law. The arbitration proceedings shall take place in Stockholm in Swedish and according to Swedish law. The arbitrators shall apply the provisions of the Code of Judicial Procedure regarding legal costs and voting. Where the disputed amount is less than ten (10) times the amount pursuant to the Swedish National Insurance Act (1962:381) that was applicable at the time the arbitration proceedings were initiated, the dispute shall be settled by the Stockholm District Court. The respective party may, however, bring an action for unpaid due receivables for provided service before a common court of law. Claims in connection with a certain agreement shall be made in writing to the other party not less than three (3) months after the right to make the claim has arisen.