LEGAL

Terms of Service / Privacy Policy / Service Level Agreement
1. GENERAL

1.1 These "Terms of Services" ("Contract", "Electronic Contract") represents an legal agreement between "MIVOCLOUD LIMITED" ("MivoCloud", "Provider") with the headquarter in Hong Kong, 7/F MW Tower, 111 Bonham Strand, Sheung Wan, registered under the CR No. 3074008;

and the person or organization ("Client", "User") that created an MivoCloud account. This Contract is applicable to all the services provided by MivoCloud

1.2 The Contract is considered signed (accepted) by using Providers Website and/or creating an MivoCloud account by ticking the box "I have read and agree to the Terms of Service.". In this way the User confirms that he has read and accept the conditions of the Contract.

1.3 In case a person makes an order on behalf of a company or other legal entity, that means that he or she warrants that has the legal entitlement to represent and bind that entity into the Contract.

1.4 User warrants that has legal entitlement and legal age to sign the Contract and are not barred from receiving such services under the law of any jurisdiction.

1.5 MivoCloud reserves the right to alter, add or delete any clause of the Contract at any time. In this case MivoCloud will notify the User by e-mail about the changes and publish the new version of TOS on the Website. After receiving the notification the User has the option either to terminate the account or to continue to use the Services. The new TOS are considered accepted by the User if they don't terminate the account within 30 days from the changes has been made.

2. SERVICES

2.1 MivoCloud provides Internet Hosting Services. The services could be provided through a dedicated infrastructure or virtual infrastructure. Neither in case of dedicated infrastructure (Dedicated Server, Private Cloud) nor in case of virtual infrastructure the User has no right to pretend any kind of right to a hardware, so all the legal rights for all the hardware with which the services are provided are owned by MivoCloud, so the User receives only the resources and storage for processing and store the data. Certain Services are provided on a pay-per-hour cycle, other Services on a pre-paid subscription, and other may be provided free of charge ("Free Services"). User is solely responsible for the suitability of the ordered Services.

2.2 User agree and accept not to use the Services in activities where any interruption or failure of the Services could lead, included but not limited, to any kind of injury and/or death of person and/or any kind of damage of environment.

2.3 MivoCloud has the right to accept or decline any order.

2.4 MivoCloud may suspend and terminate any kind of Service without liability and notification if:

  • MivoCloud have any suspicion that any User's Service is being accessed or used by third parties without his authorization;
  • User's Account Balance is zero and/or insufficient to cover current active Services;
  • MivoCloud have any suspicion that the Services, are being or will be used in violation of the Agreement;
  • the User does not co-operate with investigations into suspected violations of the Agreement;
  • it is necessary in order to protect MivoCloud network infrastructure and Services to other Users;
  • MivoCloud have any suspicion that User is affiliated with a person or legal entity that has used our Services in the past an had their account closed;
  • Service Level Agreement (SLA) admits so;
  • MivoCloud is required to do so by law.

2.5 User is solely responsible for the confidentiality of the account, information, content, data and all activities and actions that occur under Users account by any person who gains access to the account, data and/or Services. User is responsible and liable for the actions and/or inactions taken, Users customers and/or any other person that use any Service provided by MivoCloud. MivoCloud is not responsible for any damage, expense, claims and costs arising from the use and/or access to Users data and/or Services.

2.6 User should immediately notify MivoCloud of any leak, breach, outage and/or unauthorized use of the account. MivoCloud is not liable for anything as a result of User failure to notify MivoCloud in time of any problem.

2.7 MivoCloud does not support any operating system and/or other software which User run and/or use on any Service provided by MivoCloud.

2.8 MivoCloud has the right to update, replace, remove, supplement, add and/or vary the Services it offers.

2.9 MivoCloud does not monitor and have no liability for the contents, information, content and data User transmit and/or store through MivoCloud service. User is solely responsible to maintain and process regular backups of such data, at least one current backup copy outside of MivoCloud network. MivoCloud is not liable for any loss of data.

2.10 In order to create an account, user should provide current and factual identification, contact and other information required in the registration form. User should keep up do date Your billing, contact and other account information. You are bound to provide evidence of Your identity at any time We request. The evidence should include but not limited to, an original copy of Your passport and an original copy of proof of Your address.

2.11 The Services may be used only for lawful purposes. MivoCloud strictly prohibits:

  • Tor Exit relays;
  • SPAM;
  • any kind of DoS;
  • Scam, Malware, Botnet, Phishing;

and other actions or services that violates any law and/or harms MivoCloud network or services.

2.12 All IP addresses allocated to an User by MivoCloud remains the property of MivoCloud.

3. Payment and Invoicing

3.1 All the prices for Services that We provide are published on Website. MivoCloud reserves the right to change the prices at any time, without any notification. Custom prices and offers should be agreed by an additional Agreement to this TOS and/or by an written form discussion by e-mail.

3.2 We may provide free of charge Services, but we reserve the right to terminate any free Service we provide at any time without any notification.

3.3 All the kind of Services provided by MivoCloud have to be paid in advance. That means that the provision of Services is strictly subject to You maintaining a positive and sufficient funds on Your MivoCloud Account Balance for the Services You are using and/or are subscribed.

3.4 For pre-paid Services You are subscribed You will receive the invoice 10 days before the due date by e-mail. If the payment for the invoice does not reach MivoCloud before or on the due date, it considers over-due. MivoCloud reserves the right to suspend the Services if any invoice after 3 days of over-due, but this does not mean the termination of the Agreement.

3.5 All the prices on Our Website are in EUR. For the Users from Republic of Moldova all the prices are inclusive VAT, and the payments should be made in MDL, according to the daily official exchange rate of the National Bank of Moldova (bnm.md). For the Users outside the Republic of Moldova all the prices are exclusive VAT, and the payments should be made in EUR. The User will cover all the taxes, duties, costs and expenses resulting from the Purchase.

3.6 Users have the right for refund within 10 days after registration, for the first transaction. This means the User have the right to refuse the service without reason but with sending a notification to MivoCloud within 10 days after registration. For security reasons the refund can not be made instantly. MivoCloud will make the refund for the amount remained on the balance account within 30 days from the notification date.

Taking in consideration that some services have installation costs and/or third part costs, Users do not have the right for refund for Dedicated Servers and Management Services and/or in case the user infringed the ToS.

4. Termination of the Agreement

4.1 The Agreement is valid and should be respected till termination of either party.

4.2 MivoCloud or the User may terminate the Agreement by sending a written notification by e-mail 15 days before the due date.

4.3 MivoCloud has the right to terminate the Agreement at any time, without notification and not to refund Your funds remained on Your MivoCloud Account Balance in case:

  • You infringed any clause of this Agreement;
  • the User provided incomplete, incorrect, and/or false information;
  • You do not use any Service and/or Your account for a period at least of 3 months;
  • You have overdue amount for more than 10 days;
  • We have any suspicion that you are affiliated with a person or legal entity that has used our Services in the past an had their account terminated;
  • We are required to do so by law and/or by any competent legal authority.

4.4 Upon termination of the Agreement You remain liable for any amounts due to Us. Termination of the Agreement does not affect any accrued right and/or liability of the parties arising from this Agreement at the date of termination, they will be in full force and effect until executed.

5. Privacy Policy

All collection, storing and use of Your data are governed by the Privacy Policy, which is part of TOS.

6. Service Level Agreement (SLA)

The Service Level Agreement is part of TOS.

7. Liability

7.1 MivoCloud is not liable for any interruptions of the Services, damages, lost profit, technical problems and/or any other event that is not under MivoCloud reasonable area of influence.

7.2 We do not warrant that the Services will be uninterrupted, error-free, or completely secure or that data stored using the Services will be secure and/or safe from loss or damage.

8. Indemnity

The User agree to indemnify and defend us, our employees, suppliers, affiliates and partners from, including but not limited to, any legal claims, loses, expenses, legal fees and/or court costs as a result of Your action, including but not limited to, violation of law, any fraud, negligence in security, violation of the Agreement. Expenses incurred by MivoCloud must be paid by You as they occur.

9. Confidential Information

The User agree to indemnify and defend us, our employees, suppliers, affiliates and partners from, including but not limited to, any legal claims, loses, expenses, legal fees and/or court costs as a result of Your action, including but not limited to, violation of law, any fraud, negligence in security, violation of the Agreement. Expenses incurred by MivoCloud must be paid by You as they occur.

Updated: 27.03.2017
"MIVOCLOUD" S.R.L. 2017. All Rights Reserved