§ 1 General
1.1 These terms and conditions govern the relationship (“Agreement” ) between the customer ( “Customer” ) and Crystone Sweden AB (” Crystone ” ) , 556898-4495 , and the ordered service (“Service” ).
1.2 Client must be a competent person or a legal entity. The contract can not be extended by Customer to another party.
1.3 Customer service is the leasing of part of Crystone’s shared server environment.
§ 2 Scope
2.1 In order to clarify the services included in this agreement please refer to the Customer order confirmation or quote sent in connection with the order.
§ 3 Service
3.1 Crystone reserves the right to refuse any Customer from ordering services based on the assessment that the Customer is not creditworthy or may be abusing their position .
§ 4 Term
4.1 Initially, the binding contract is for twelve (12) months of service
§ 5 Payment
5.1 Payment for services must be made in advance and is a thirty (30) days net.
5.2 Crystone’s reserves the rights to transfer services to another company based on a request by Customer. Provided that the customer is not late with his payment. No extra fee will be charged on such transfer and the invoiced amount is not going to change in addition to any collection fees.
5.3 Payment is applied to legal fees.
§ 6 Termination
6.1 Termination of Service must be received by the last day of the applicable contract period.
6.2 Termination shall be made via Crystone customer service. Crystone reserves the right to require verification to determine Customer’s identity.
6.3 Crystone may terminate Customer’s Service with immediate effect if the Customer has violated one or more of the paragraphs of this Agreement or amendments thereto.
§ 7 Fees and Services
7.1 Crystone normally charges 45 SEK ( excluding VAT) in billing charges for each invoice, unless the invoice is electronic . Unless otherwise agreed with the Client .
7.2 Interest payable by 2.00% per month from the due date and until payment has been completed.
7.3 Objections to the invoice shall be made in writing within forty-five ( 45) days of the Customer receiving the invoice . If the customer has timely objected to the invoice and submits a factual basis for the charge, then Crystone shall allow deferred payment of the disputed amount. Granted deferment penalty interest on the part of the disputed amount that the account holder is liable to pay.
7.4 Fee Change can only come into effect at the next contract period and shall be notified to Customer at least one ( 1) month before the new contract begins . Fee reduction need not be notified. The fee increase, the account holder has the right to terminate the agreement until the day when the new contract begins.
7.5 If the customer uses more than the allowed traffic Crystone has the right to directly debit the Customer according to the price list. Although retroactive billing may be made . Crystone also entitled to post an operating agreement with monthly or quarterly billing for the increased amount of data transfer. Crystone also have the right to set up an ongoing contract with a monthly or quarterly billing for more bandwidth when required.
7.6 Phone call charges in connection with the Customer’s contact with Crystone customer to come and beyond Crystone control.
§ 8 Transfer of service
8.1 Customer may transfer the Service to another party with the consent of Crystone. The request for transfer shall be made in writing on a form designated by Crystone. The new customer is liable for payment and all obligations incurred prior to the date of transfer.
§ 9 Domain Name
9.1 The SE- domain case Il Foundation’s general conditions . This Agreement is available on the II Foundation website ( http://www.se/ ) . With the approval of this agreement Customer also approved II Foundation terms.
9.2 By default, Crystone is technical contact ( tech -c) for registration of. SE domain names. If the customer does not want this Crystone needs be informed in writing.
9.3 Crystone charge an administrative fee for renewing a domain address. This fee can vary and can be found on Crystone website ( http://www.crystone.se/ ).
9.4 If the customer has received a bill for the renewal of the domain address with a maturity date no later than three ( 3) working days before the expiry of the domain and the Customer fails to pay an invoice by the due date , the domain can be turned off . After expiration, responsibility Crystone is not responsible for the domain’s continued availability.
9.5 Crystone does not guarantee a domain name’s availability before its registration confirmation has been sent to the Client . In the event that the registration would fail Crystone will offered the Client to choose another available domain names to the same value.
§ 10 Crystone responsibility
10.1 Crystone exercises no control over the information or material contained in Customer’s storage space and Crystone is therefore not responsible for any direct or indirect damages incurred as a result of a Customer’s actions or omissions of the Customer’s applications. Crystone is not liable for damages arising in connection with infringement of a Customer’s service.
10.2 Crystone manages all information about Customer as confidential in order to protect the Customer’s integrity . However Crystone must via a court order or request from the police or other authority are required to disclose all information about the Customer.
10.3 Crystone’s liability for property damage only covers compensation for direct loss and is limited to a maximum as the Customer pays to Crystone AB during the twelve (12) months under the current agreement . Compensation is not payable under any circumstances for indirect losses such as loss of production or sales in the Customer’s business.
§ 11 Customer’s responsibility
11.1 Customer agrees to comply with Swedish laws. Customer is fully responsible for all actions carried out via its Services.
11.2 Customer is responsible for any damage if the Client is hit by hacking or DOS (Denial Of Service ) . In the event that the Customer knowingly or unknowingly exposes Crystone IP networks, systems, or puts other customers at risk , high-load or the like , Crystone has the right to immediately disable the Customer Service and subsequently notify the Customer.
11.3 Customer is responsible for keeping information about the Customer’s address , phone, fax , email address and contact current in Crystone’s customer database. Changes will be announced by Crystone.
11.4 Customers who send out spam or excessive mailings that Crystone considers abnormal can be turned off immediately. Crystone’s guidelines for normal use of email means maximum fifty (50) sent emails per one (1) hour or a maximum of five hundred (500 ) emails per one (1) day and maximum fifty (50) received email messages per one (1) hour.
11.5 It is in the Customer’s responsibility to dispose of the software required to use the Service at Crystone.
11.6 If the Customer uses more than the agreed resources Crystone has the right to directly debit the Customer according to the current price list or for actual costs incurred by Crystone. Although retroactive billing will occur . Crystone is also entitled to post an operating agreement with monthly or quarterly billing for the resource and capacity utilization. If Customer uses more than the agreed resources then Crystone has the right to directly bill the Client.
11.7 If the Customer uses more CPU or disk capacity (reads and writes to disk) than what may be considered reasonable, Crystone has the right to directly debit the Customer according to the current price list or if this is for actual costs incurred by Crystone. Although retroactive billing may be made . Crystone is also entitled to post an operating agreement with monthly or quarterly billing if the Customer continues to use more CPU or disk capacity than is reasonable. If Customer uses more CPU or disk capacity than can be considered reasonable, Crystone has the right to directly shut off the service.
11.8 Customer’s service may only be used by one (1) business or a private individual. If the Customer wishes to sell all a part of their service then separate distribution agreements must be signed. Customer has the right to sell services or products via its service to other companies or individuals.
11.9 Customer is responsible for all the material on the website and their domain name, if suspicions of illicit material / activity are noticed then Crystone has the right to shut down the customers service and inform the customer later.
§ 12 Malfunctions
12.1 The comprehensive breakdowns Customer entitled to compensation under the Customer pays what . Compensation is paid in the first place through the free extension of the Service. As the extensive downtime is counted persistent or serious disruption for twelve ( 12) hours of office ( non-holiday Monday – Friday , 08.00 – 17.00) for a period of thirty ( 30 days). Requests for compensation must be received no later than seven (7) days after the period of thirty ( 30 days). Planned outages are not counted as failures.
§ 13 Policies
13.1 Crystone has the right to control information related to the Customer’s Service in connection with troubleshooting or abuse cases.
13.2 Crystone uses industry-wide so-called RBL (Real-time Black Lists) to protect customers against spam.
§ 14 Confidentiality
14.1 Crystone adheres to applicable privacy laws for Customer Data and other information about the Customer to a third party. Crystone cannot be held responsible for Customer’s Data on explicit request regarding them would not have been requested by Customer.
§ 15 Amendment of conditions
15.1 These Terms and Conditions are valid until further notice. Modification of these terms must be communicated to the Customer at least one (1) month before they take effect. Crystone is entitled to notify the new conditions through the Customer’s specified e -mail contact , fax or other means Crystone deems appropriate.
§ 16 Force Majeure
16.1 Crystone shall be exempt from damages and other penalties if Crystone is prevented or materially adversely affected by any circumstance which Crystone not able to in control of , or anticipate, such as labor disputes , lightning, fire , atmospheric disturbances , legislation, government action , war, strikes or similar circumstance.
§ 17 Controversy
17.1 Any dispute concerning the interpretation or application of this agreement and related legal matters shall be settled by arbitration in accordance with Swedish laws. The arbitration shall take place in Stockholm with Swedish laws and Swedish language shall be applied. The arbitrators shall apply Judicial rules on costs and vote. In the event that the amount of the dispute is less than ten (10) times the initiation arbitration proceedings with regard to the amount under the Act ( 1962:381) insurance dispute shall be settled by the Stockholm District Court. For overdue unpaid claims for service rendered own party , however , bring an action before the court. Claims in respect of certain contracts, in order to be valid, be submitted in writing to the other party no later than three (3) months after the right to claim arose.
§ 1 General