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This Agreement is made between 3IT TECHNOLOGIES ("Vpsitech.com") and the Customer ("Customer") for the provision of Dedicated Servers and VPS Servers.
VPSitech.com can make any changes to this Agreement as it deems necessary from time to time to take into account operational and technical matters (including the terms on which its third party providers provide Vpsitech.com with services) and changes to any applicable laws and regulations. Such changes shall be notified to the Customer by posting the changes to the Vpsitech.com Website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. Vpsitech.com will endeavour to give 30 Working Days‟ notice of any such changes but any failure to give such notice shall not act to prevent such changes having full contractual effect.
The Customer shall request a Services from Vpsitech.com by signing and submitting an Order Form. If Vpsitech.com declines to accept an order it shall notify the Customer of its decision after receiving the Order Form but not longer than within 14 calendar days. If Vpsitech.com accepts the Order Form, shall send the Customer the acceptance.
The Customer will not be entitled to alter or change the Services during the Services Term without the prior written agreement of Vpsitech.com. Any such alteration may be subject to the payment of additional Fees as determined by Vpsitech.com.
Vpsitech.com has the right to upgrade Customers services to a different level if, in the opinion of Vpsitech.com, the existing Services being provided to the Customer are or become inappropriate or insufficient to meet the Customer's requirements and as a result Vpsitech.com considers the Customer requires different Services which are more appropriate to the Customer's usage pattern or needs. Vpsitech.com will consult with the Customer if Vpsitech.com wishes to exercise its rights under this Clause.
If the Customer agrees to change the Services in accordance with Vpsitech.com recommendation, the Customer may be liable for the higher fees and costs associated with the upgraded Services and any termination or cancellation fees associated with the terminated Services.
If the Customer does not agree to the upgraded Services, Vpsitech.com shall be entitled to terminate the provision of the existing Services on providing 30 days notice in writing. In the event that the Customer chooses not the upgrade and Vpsitech.com allows the Customer to continue using the existing Services, any applicable SLA ceases to apply.
Vpsitech.com may have to move the location of VPsitech.com and/or Customer Equipment. The Customer agrees that upon receipt of prior notice from Vpsitech.com, Vpsitech.com shall be free to move the Equipment as it sees fit and wherever possible Vpsitch.com will endeavour to minimise any adverse impact on the Services. All costs and expenses incurred in connection with such relocation of the Equipment shall be borne by Vpsitech.com.
Vpsitech.com reserves the right to alter any third party suppliers used to supply the Services.
Vpsitech.com not allows to use the services for streaming including but not limited to Shoutcast services, video or audio conferencing or streaming, or the real-time delivery of media files, file sharing via peer to peer file networks.
The Customer will have 2 Working Days from the Services Commencement Date in which to notify Vpsitech.com of any defects in the installation or the operation of the Service. Unless the Customer provides such notification within that period, the Services will be deemed to have been provided correctly. If the Customer notifies Vpsitech.com of any such defect, Vpsitech.com will use its reasonable endeavours to fix such defect and the Customer shall provide Vpsitech.com (or its third party supplier) with reasonable assistance or access to the premises. Failure to provide Vpsitech.com with reasonable assistance or access to the premises may result in invoicing commencing before the defect has been rectified. The provisions of this paragraph shall apply to any re-installation of the Services and the Service Commencement Date will be amended accordingly. Once acceptance of the Services has been deemed to have been given by the Customer, invoicing will commence from the Service Commencement Date.
Vpsitech.com shall provide a valid VAT invoice to the Customer for all Fees. The Customer shall pay to Vpsitech.com the Fees for the Services in the amount and on the basis specified in the Order Form(s). Save as expressly set out in the Order Form(s) all invoices issued by Vpsitech.com under this Agreement shall be paid by the Customer in cleared funds within 14 calendar days of the date of invoice. Where more than one Service is included on any Order Form, Vpsitech.com may invoice for each of the Services separately. First invoice for the ordered services should be paid before installation of the service, all services will be installed after receiving of the payment. If Vpsitech.com will not receive a payment during first 7 day after confirmation of the Order, the order will be canceled.
The Services may be subject to installation site surveys. Additional installation charges may arise as a result of such surveys (“Additional Charges”). We will notify you of Additional Charges applicable to your Service as soon as is practicable. If we receive survey results giving rise to Additional Charges for your Service after sending your Order Acceptance Form, we will notify you of these Additional Charges. You may cancel the Services in the Order Form without penalty if you notify us in writing within 10 days of the date of our notice of the Additional Charges. If we do not receive notice from you within that time, the Additional Charges will be added to the price set out in this Order Form.
Vpsitech.com may alter the amount of, or payment terms relating to, the Fees at any time during the Term for the following reasons: to take account of any increase in the costs incurred by Vpsitech.com in the provision of the Services (including any increase in the costs or charges of any third party supplier or licensor to Vpsitech.com); to pass on any additional charges or fees imposed by any third party supplier or licensor to Vpsitech.com at any time.
Vpsitech.com shall notify the Customer in writing of any such alteration (either increase or decrease) and shall endeavour to give the Customer 30 days? prior notice of such charge.
The fees are not refundable in any circumstances, If the Customer terminates the Services, Vpsitech.com will not refund fees. Fees are stated exclusive of Value Added Tax, which shall be paid by the Customer unless otherwise stated. Fees do not include charges for any third party communications services used by the Customer to connect the Customer to the Services unless otherwise stated.
Where Vpsitech.com provides software support, custom programming or configuration, or software installation which is not referred to in the Order Form then it may charge the Customer additional Fees which will be calculated on a time and materials basis at Vpsitech.com's standard consultancy rates in place from time to time. No work will be undertaken without the prior written consent of the Customer.
If payment of any fees is not madeat at all or in full by the Customer by the due date for payment under the terms of this Agreement, Vpsitech.com may at its discretion, without prejudice to its other rights and remedies
suspend the provision of the Services to the Customer until such time as all overdue amounts (including any interest due) are paid in full.
Vpsitech.com may charge the Customer administration fees in respect of any cheques and direct debits returned unpaid by the Customer's bank and any credit card payments returned unpaid.
Vpsitech.com may at any time require the Customer to issue a deposit or other form of security acceptable to Vpsitech.com if: the Customer's financial circumstance or payment history is or becomes unacceptable to Vpsitech.com; there is a material change in the Customer's actual or anticipated usage of the Services which results or, in Vpsitech.com?s sole opinion, may result in an increased risk to Vpsitech.com of the Fees not being paid by the Customer.
Both Vpsitech.com and the Customer may terminate the provision of any of the Services at the end of the Initial Period or any Renewal Period for such Services by providing not less than the Minimum Written Notice to the other party prior to the expiry of the Initial Period or the relevant Renewal Period (as the case may be). In the case that the Service is terminated the payment is not refunded.
Vpsitech.com may terminate this Agreement or the provision of any of the Services under this Agreement at any time immediately.
Vpsitech.com guarantees SLA uptime 99.2% which means that all outage of the service can be 72 hours per year. There is no guarantee of the reaction time of the support if the customer didn't bought such service.
If the customer will notice any failure or incident at VPS or dedicated server of Vpsitech.com responsibility he should contact Support with details:
- Address IP of your server
- Kind of service (VPS server, dedicated server)
- Time and date when problem appeared
- First and Secondname of the Client
- Contact phone number and e-mail address
This Agreement is subject to the laws of Poland and both parties hereby submit to the exclusive jurisdiction of the Polish Courts.
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10GB of Storage Space |
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256MB RAM |
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512MB SWAP |
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20GB od Storage Space |
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512MB RAM |
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1024MB SWAP |
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