1.1 These "Terms of Services" ("Contract", "Electronic Contract") represents an legal agreement between "MIVOCLOUD" S.R.L. ("MivoCloud", "Provider") with the headquarter in Republic of Moldova, Chisinau, str. Vl. Korolenko 6, registered under the Fiscal Code 1015600006357, represented by POPOV Maxim in quality of administrator, ;
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 etitlement to represent and bind that entity into the Contract.
1.4 User warrants that has legal etitlement 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.
2.1 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 wich the services are provided are owned by MivoCloud, so the User receives only the resources and storage for procesing 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 enviroment.
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 accesed or used by third parties without his authorisation;
- 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 infrastucture 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 wich 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;
- 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 have the right to accept, decline and/or refuse any order for any Service at any time without any notification.
3.3 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.
3.4 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.
3.5 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 reache 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.
3.6 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.
3.7 New Users have the right for 10 days money back guarantee, that means a new User has the right to terminate the Services and the Agreement without any reason and/or explanation, but with a notification sent to Us by e-mail. In this case Mivocloud will refund the amount of funds remained on Your Mivocloud Account Balance, within 60 days from the notification date. You will not have the right for the money back guarantee for the Server Management Service provided by Us, for Dedicated Servers provided by Us and/or in case You infriged any clause from 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 infriged 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.
6. Service Level Agreement (SLA)
The Service Level Agreement is part of TOS.
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.
7.3 All the Services, content, software, data and/or information provided by Us are done on "AS IS" basis.
7.4 Mivocloud does not warrant and is not liable for the products and/or services provided by third parties and/or are involved, and does not guarantee their function.
7.5 Mivocloud has no any liability for the hardware You co-locate at Mivocloud Data Center.
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
9.1 The User and no other persons have no right to physical access where from the Services are provided.
9.2 The User agree not to use and/or disclose any Confidential Information, trade secret, copyright, and/or other intellectual property to any third party.
10. Force Majeure
10.1 Any event outside Mivocloud control from wich are suspended and/or canceled the Services, constitutes a case of force majeure, and suspends any obligation of Mivocloud. These events include, but not limited to, a power outage, labour dispute, fire, flood, earthquake, storm, strike, a natural disaster, war invasion, terrorist activities, hostilities, civil war, revolution, embargo, blockage, nationalisation, government saction, power cut, lockout or interruption or failure of electricity, failure of telelcomunication network or other utilities, or any other delay or failure caused by a third party.
10.2 During a force majeure Mivocloud has the right to suspend and/or cancel any obligation and/or Service without any notification, and has the right to terminate the Agreement without any notification and/or any compensation.
11. Governing Law
The jurisdiction to settle any dispute arising out of or in connection with the Agreement is any responsible court from Chisinau, Republic of Moldova.
Last Update: 19.01.2016
"MIVOCLOUD" S.R.L. 2016. All rights reserved.
- MivoCloud will not investigate and/or monitor Your stored data and/or data traffic unless You give Us the permission. MivoCloud has the right to investigate and/or monitor the stored data and the data traffic for billing purposes and/or in case We have any suspicion of violation of TOS. MivoCloud has the right to disclose Your data to any third party if We are required to do so by law.
- MivoCloud collects personal data provided from You, data collected from cookies and/or data received from other parties in the process of providing services.
MivoCloud will use Your personal data for providing and maintaining the requested services.
"MIVOCLOUD" S.R.L. 2016. All rights reserved.
Services Availability Guarantee
- MivoCloud guarantees 99,9% anual average network availability for the infrastructure of Our Data Center.
- We will send a notification to You 24 hours in advance by e-mail for all scheduled maintenance and/or downtime. In case is required an urgent maintenance and/or downtime, We have the right to do it without any notification to You.
- MivoCloud has the right to change the API or suspend it at any time without any notification to You.
- MivoCloud guarantees 24/7/365 availability of technical support. You may contact Us by e-mail or by opening a support ticket.
- In case We fail to meet the Service Availability Guarantees, You may request SLA Credits up to 10 times the fee for any period of lack of availability for a Service. This kind of credits could not be refund in cash or any other form, they could be used only for Services provided by MivoCloud.
- In case We fail to meet the Service Availability Guarantees more than 2 times within a period of 30 days, You may request SLA Credits up to 100% of the fee for past 30 days.
- For receiving SLA Credits, You should send Us a request by e-mail and to specify the date, start time, duration and the amount of Credits claimed. MivoCloud will transfer the SLA Credits within 60 days from the request date.
Last Update: 19.01.2016
"MIVOCLOUD" S.R.L. 2016. All rights reserved.