Terms of Service
Following terms of service are applied to all Hosting4life services unless otherwise agreed upon in writing.
1. Application of Terms of Service
These general terms of service are applied to Hosting4life (”Service provider”) provided services (”Service”), unless otherwise agreed in writing. The contract parties are Hosting4life / Koivisto Capital Oy and the user or party who has ordered (“Customer”) a Service provided by the Service Provider. Customer agrees to use the Service in accordance to these general terms.
2. Validity of Terms of Service
These terms of service are in effect starting from 1.11.2015 and are valid until further notice, replacing all previous terms of service.
3. Service delivery
Service Provider provides the Customer the Service the Customer has ordered and any usernames and passwords needed to use the Service. Service Provider reserves the right to change the usernames and passwords if needed and notify the Customer of this change.
The Service is considered deliver when the Service Provider notifies the Customer that it is available. The Customer is considered to accept the delivery of Service unless the Customer files a written complaint immediately but at least within seven (7) days of when Service Provider has notified the Customer of it’s availability. If the Service contract is terminated because of the Customer, the Customer is still liable to pay any costs associated with the Service delivery regardless of cancellation.
Service Provider has the right to use contractors and other partners to deliver the Service.
4. Service content
Service Provider will produce the Service the best way he sees fit. Service content is defined in the contract, order confirmation or possible Service description. Service Provider reserves the right to adjust the content of the Service however with prior notice. Any changes made by request of the Customer will be invoiced per price sheet or quote.
Service Provider has the right to alter the content of the Service without prior notice if this is necessary for security or other reasons. In these cases the Service Provider will notify the Customer as soon as possible.
If there are changes necessary to Customer software or hardware the Customer is responsible for any expenses. The Service Provide is not liable for any harm this may cause the Customer.
5. Service Provider responsibilities and liabilities
The Service Provider is liable for damages at most one (1) month worth of Service. Service Provider is not liable for indirect expenses such as lost sales or obligations to third party or any other unforeseen damage. Service Provider is not liable for Customers lost data or file and any expenses that may cause the Customer. This limitation of liability does not include damages caused by gross negligence.
The Service is considered to have an error (“Error”) if it if it substantially differs from the definition of the Service and it causes substantial detriment to the use of the Service. In a possible error situation, the customer must submit a complaint in writing within seven (7) days after the Customer discovered or ought reasonably to have discovered the defect. Service Provider correct any errors as soon as reasonably possible.
The Service Provider is not responsible for the Customer’s Service information content or functionality. The Service Provider is also not required to fix the error, which is caused by the customer’s own activities, such as abuse or improper use of Service or violation of this Agreement or the use by the Customer or a third party commissioned change or correction.
The Service Provider is not responsible for any harassment, unauthorised access or similar activities directed to the Customer or Customer’s IT systems coming data networks or else where. The Service Provider is not responsible for harm or Errors caused by viruses.
Service Provider is not responsible for any Errors or malfunctions caused by force majeure events or activities of third parties, such as errors or problems in third party software or networks.
The Service Provider has the right to suspend the Service temporarily if this is necessary for the installation, repair, maintenance or other work, because of a security threat against the Service or if the legal or regulatory provision requires them. The Service Provider strives to minimise the duration of the interruption and to inform the Customer in advance when possible.
6. Customer responsibilities and liabilities
The Customer is responsible for the use of usernames and passwords and direct and indirect activities performed with them. For the changing of username or password on the request of the Customer the Service Provider shall be entitled to charge a fee according to the currently valid price list.
Customer is liable to keep the usernames and passwords carefully, and not under any circumstances allow a third party to use the usernames or passwords. The Customer must immediately notify the Service Provider when they come aware or suspect the disclosure of username or password to a third party.
Asiakas vastaa täysin Palvelun kautta toisille käyttäjille tai Palveluntarjoajalle toimitetusta materiaalista, Asiakkaan tai kolmansien Palveluun siirtämästä, keräämästä tai tallentamasta materiaalista sekä muuten Palvelua varten Palveluntarjoajalle luovutetusta materiaalista. Asiakas vastaa siitä, että sillä on oikeus käyttää materiaalia ja että materiaali ei aiheuta häiriöitä verkkoliikenteeseen, eikä loukkaa kolmansien osapuolien tekijänoikeuksia tai muita oikeuksia, riko lakia tai viranomaismääräyksiä, eikä ole hyvien tapojen vastaista.
The Customer must provide the Service Provider with sufficient and correct information for the transmission of the Service, and to contribute in the best way possible for the delivery of the Service.
The Customer is responsible and liable for material and information transmitted or collected through the Service. The Customer is responsible for ensuring that it has the right to use the material and that the material does not cause any disruption to network traffic, and does not infringe third party intellectual property right or other rights, violate the law or regulations and is not contrary to accepted moral principles.
The Service Provider reserves the right to remove any material that violates this agreement or the Service Provider suspects is in violation of this agreement.
The Customer may not use the Service for operation that is against the law or contrary to public decency. The use of Service for search or misuse of data security breaches is strictly prohibited and shall entail the immediate termination of the contract, as well as to damages. The Customer may not market their services in violation of the law or contrary to public decency and morality, which includes at least direct marketing by e-mail without the recipient’s permission marketing, advertising, newsgroups, forums or other places where it is prohibited.
If the use of the Customer’s Internet traffic or server resources is substantially different from the usual or according to the description of the Service, the Service Provider has the right to check the service charges levied on the price of the corresponding use. Service Provider announces price adjustment to the Customer thirty (30) days prior to the date of the price change or price adjustment will be agreed with the customer. Service Provider reserves the right to prioritise traffic and the use of server resources and, where appropriate, terminate the contract in such cases.
Service Provider is not responsible for any material to which the Customer can reach through the Service. The Customer is responsible for the files, e-mails and other material backups. Service Provider does not guarantee the preservation of information in the Service. The Customer is obliged to ensure data security, unless otherwise agreed in writing.
The customer is obliged to read the Service description and any future changes to the information provided by the Service Provider, as well as to act on them. Announcements may be published on the service provider’s website or delivered to the Customer in any other way.
The Services are billed in connection with the order or according to the agreed billing period. The customer selects a billing period during the order. Billing will be done in advance of each billing cycle begins. Invoices are sent to the address given by the customer by e-mail. Customer is responsible for payment of their invoices by the due date.
The Customer pays the service at any given time in accordance with the valid price list. The Service Provider has the right to change the price and the price structure of the Service. The up-to-date price list of the Service Provider and general terms and conditions are always available on the website www.hosting4life.eu. Prices for the Service is shown and billed in euros, unless otherwise agreed in writing. The price changes will take effect immediately and the new prices used for the customer the next billing period. The price changes will be announced to the Customer Service Provider’s web page and on the previous billing period or bill in a separate letter or e-mail. In connection with the price increase, the customer has the possibility of terminating the Service in writing.
The Service Provider has the right to cut off the Service if the Customer does not make payment by the due date. Service Provider reserves the right to terminate the Service without notice if payment is not made immediately after payment notice.
The Service Provider is entitled to charge interest on delayed payments interest rate in accordance with the Interest Act as well as the payment notice fee according to valid price list. After closing the Service The Service Provider charges a opening fee in accordance with the price list.
Varattujen verkkotunnuksien oikeudet säilyvät Palveluntarjoajalla niin kauan, kunnes Asiakas on maksanut verkkotunnusta koskevat laskunsa kokonaan. Mikäli Asiakas ei maksa verkkotunnusta koskevia laskuja kokonaan, ei Palveluntarjoajalla ole velvollisuutta uusia Asiakkaan verkkotunnuksia.
Reserved domain name rights stay with the Service Provider so long as the Customer has paid the domain name portion of the invoice. If the Customer does not fully pay for the domain name the Service Provider has no obligation to renew the domain name.
This Agreement shall commence on the date when the Service Provider grants a customer the usernames of the Service or any other way to announce the opening of the Service. The agreement is valid for 12-month periods, unless otherwise agreed. If the other Party does not wish to continue the contract they must terminate the Service in writing for at least one (1) month before the start of the next contract period. Unless a Party terminates the contract, the contract automatically continues to the end of the contract period with a new length of the previous contract period.
Either party is entitled to terminate the contract if the other party violates the agreement or its terms, and does not remedy the breach within thirty (30) days of receipt of written notice. However, the Service Provider shall have the right to terminate the contract immediately by written notice if the customer has not paid their invoice after 14 days after the due date, if the Customer interferes with other web hosting service or to use the data network is unlawful or contrary to moral standards, or if the Customer has been declared bankrupt or is in liquidation, provided for debt restructuring or debt arrangement, or is otherwise insolvent. The Service Provider shall also be entitled to terminate the contract immediately by written notice, if the production of the service can not be continued due to external factors.
If the Service Provider has the right to terminate the contract can the Service Provider alternatively close the Service. If the Service Provider closes the Service it has the right to later terminate the contract based on the same event.
The Customer has the right to resell the Service only if there is a written reseller contract between the Customer and the Service Provider. The Customer is responsible for all parties using the Service directly or indirectly to abide by this agreement. The Customer agrees to abide by any special terms set by the Service Provider to resellers. For clarity a Reseller sells the Service independently to their own name and may not represent the Service Provider or make any binding agreements on behalf of the Service Provider.
10. Other terms
All rights and immaterial rights pertaining to the Service or documentation and their copies or translations belong to the Service Provider or a third party.
The Customer has no right to transfer the contract or the Service to a third party without prior agreement with the Service Provider. The Service Provider has the right to transfer the contract and the Service to a third party or change the contract or Service description.
The contract is governed by Finnish law. Disputes will be primarily aimed to be resolved through negotiations. If this is not possible, disputes are handled by Helsinki District Court.