Zak Servers Terms of Service
These General Terms & Conditions apply to all offers, quotations and subsequent agreements between Zak Servers of Singapore (389315), (“Zak Servers”) and its counterpart (“Customer”).
The application of any purchasing terms of the Customer is expressly rejected. Any terms & conditions that deviate from these general terms & conditions are valid only if expressly confirmed in writing by Zak Servers.
Article 1. Formation of the agreement
- Zak Servers offers various hosting, dedicated servers and hosting related services. Customers can select the desired configuration and options through the web interface provided by Zak Servers.
- Upon receipt of the selected configuration from Customer, Zak Servers will review and approve or reject any order. The customer will be notified by email. Zak Servers is free to reject any order but shall substantiate a rejection.
- Pricing and other options presented on the website of Zak Servers are non-binding and subject to change at any time. Only the approved request from Zak Servers determines the content and pricing of the configuration and options selected by the Customer.
- Zak Servers has the right to correct errors in the selected configuration, including prices, provided Zak Servers informs Customer as soon as is possible about the error.
Article 2. Provision of services
- Upon approval, Zak Servers will deploy a server as specified in the order. Zak Servers will enable access to the service using an administrative account set up by Zak Servers. Customers can create additional accounts through the configuration interface of the services.
- The customer agrees to use only strong passwords and implement all security measures appropriate under the circumstances (e.g. the use of ssh instead of telnet) to safeguard access to the administrative and other accounts on the services.
- Zak Servers provides unmanaged services except where service is mentioned as fully managed. Zak Servers may assume that all activities that occur using the administrative account or an additional account are under supervision and risk of Customer. If Customer suspects an unauthorized third party has gained access to a password, the Customer shall change its password as soon as possible and/or contact Zak Servers as soon as possible so appropriate action can be taken.
- The customer undertakes to do everything in its power that is reasonably necessary for Zak Servers to provide the services. Customers shall, in particular, ensure that Zak Servers has access to all information, which Zak Servers indicates is necessary for the provision of services.
Article 3. Availability of the services
- Zak Servers uses commercially reasonable efforts to ensure continued availability of the Services, but cannot guarantee that the Services will be available for the benefit of Customer at all times.
- In case of any interruption or limited availability of the Services, Zak Servers shall make reasonable efforts to remedy interruptions of the Services as soon as possible. The customer shall provide all necessary support to Zak Servers to remedy such interruptions. If the interruptions are attributable to third parties, such as a telecommunication provider, Zak Servers’s only obligation is to urge that third party to ensure efficient remedy of that interruption.
- Zak Servers offers technical support by email and telephone and does so on a 24/7 basis. Contact information and a way-of-working for support will be provided separately. Zak Servers is entitled to invoice Customer at its customary hourly rate for any actions carried out as managed support requests for issues, which are attributable to Customer.
- Zak Servers is entitled to suspend or restrict the use of the Services temporarily without prior notice as necessary to perform reasonably required maintenance to or upgrading of its systems, without Customer being entitled to any form of compensation. Zak Servers strives to do so only when usage is low and will endeavor to announce maintenance or upgrade windows in advance.
- All licensed software provided by Zak Servers in the context of the agreement is leased and not sold. Zak Servers and its licensors retain all right, title and interest in the software and any updates thereto. The customer only holds a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the software for its business for the term of the agreement. Software license fees are non-refundable once the software has been activated.
- Zak Servers is not obligated to make backups of Customer data stored through its services (including software installed on the services, configuration changes made by Customer or data stored in databases associated with the services) except when specifically agreed otherwise in writing beforehand.
- When the creation of backups was expressly agreed, Zak Servers’s sole obligation is to set up the backup service for your server, and the customer will be responsible for managing their backup configurations and for restore. The recovery of the whole server, individual files or data items from a backup are also possible with Zak Servers cloud backup solutions.
Article 4. Acceptable use policy
- Zak Servers may suspend or terminate the services if Zak Servers, at its sole discretion, deems the content hosted or use of the services is likely to violate the above terms. Zak Servers does not need to consult or inform Customers in such a case. Zak Servers is not liable for any damages Customer may suffer as a result of its actions under this clause.
- In case a real or suspected violation of the above terms is raised by a third party that claims harm from the violation, Zak Servers will act as per the terms of its then-current Notice and Takedown procedure. Besides, Zak Servers will comply with all proper governmental or court orders regarding the provision of any information per the law.
- In case Customer’s use of the services or associated resources substantially exceeds reasonable use (e.g. extremely high data traffic or resource usage), Zak Servers may suspend the offending service until the matter has been discussed with Customer and an appropriate solution (such as a hard limit on the resource usage or an upgrade to a higher offering) has been found.
Article 5. Limitation of Liability
Zak Servers respects freedom of speech. Consequently, we do not censor our Customers based on content. It is Customers must ensure the accuracy, integrity, title or ownership and security of anything Customer posts/receives via the Internet. The Customer is fully responsible for the content hosted on our servers or network.
Customer agrees to defend, indemnify, and hold harmless Zak Servers, its employees, contractors, agents, affiliated companies, and suppliers from all liabilities, claims, and expenses, including attorneys' fees, which might arise from misuse of the Services by the Customer.
Every action that is performed through Customer’s Services is deemed to occur at Customer’s risk, liability, and obligations. If there is a suspicion of abuse, the Customer shall report it to Zak Servers as soon as possible.
Article 6. Compliance with laws
Customers shall not use the Services for actions that violate the laws of their server location country, for example, if you choose Bulgaria S-1 dedicated server then all the content and data on that server shall not violate the laws of Bulgaria. Zak Server's all datacenter locations have freedom of speech and respect the privacy of customers. Please note that Bulgaria has the most data freedom tolerance followed by Switzerland.
However, the following violations are considered a breach of Zak Server’s Terms and conditions and will result in suspension or cancellation of the Services and any fees paid in advance of such suspension or cancellation are non-refundable.
This includes, but is not limited, to:
- Terrorism or related activities, exhortations for mass riots, the implementation of extremist activities, participation in mass (public) events, conducted in violation of the established order, and the assistance or encouragement thereof.
- Distribution of materials containing child pornography, and/or ads on the involvement of children, as performers in pornographic entertainment events, and information about children affected by crime.
- The operation or control of botnets, viruses, Trojan horses or the like.
- Failure to adhere to reasonable security standards and best practices, including (but not limited to) using outdated software and permitting insecure passwords.
- Initiation or toleration of processes that can be reasonably assumed to be a nuisance to the general public and/or have a detrimental effect on the systems used for hosting the Service, including without limitation the execution of denial-of-service attacks, port scanning or automated password cracking, or the mass sending of email.
- Any header modification is forbidden.
- Sending traffic from IPs not assigned by Zak Servers is forbidden.
- Using any IP addresses other than those assigned to external interfaces is forbidden.
- Active DHCP services on external Ethernet interfaces are forbidden.
- The amount of MAC addresses cannot exceed the amount of assigned IPs.
- IP spoofing as well as any other falsification of identification data used in network protocols, when transferring data to the Internet, is forbidden.
Article 7. Domain names
- In case part of Customer’s request is to register or transfer any domain names under control of Zak Servers, Zak Servers will work with Customer to effect such registration or transfer, but only in the role as an intermediary or agent of Customer.
- Registration and use of domain names are subject to the rules set by the applicable domain name registry. Zak Servers accepts no responsibility or liability in this regard, as Zak Servers is not a party to any agreement between the registry and Customer.
- Registration or transfer of a domain name is successful only if the Customer has obtained confirmation from the registry (e.g. through WHOIS). An invoice from Zak Servers does not constitute proof of registration or transfer. In case any authorization keys or codes are necessary to effect a transfer, the Customer shall supply such keys or codes to Zak Servers.
- Zak Servers accepts no liability for the loss or inability to use a domain name except when such loss or inability is the direct result of intentional misconduct or gross negligence on the part of Zak Servers.
- Zak Servers has the right to suspend or cancel a domain name in case of termination of the agreement based on a violation of the agreement by the Customer.
- In case of service termination by either party, any fees associated with the domain name(s) are non-refundable.
Article 8. Pricing and invoicing
- All prices are in USD exclusive of value-added tax (VAT) and other government-imposed levies or costs. The customer is responsible for any costs associated with making payment, including wire transfer fees and currency conversion costs.
- Zak Servers shall invoice Customer under the selected payment term for the services provided. The provision of services is done based on advance payments. For additional services, fees are charged before completion of the service, unless agreed otherwise.
- Where invoices are based on processor, storage and/or transmission capacity used by Customer, Zak Servers’s accounting system shall constitute full evidence towards Customer, unless Customer submits concluding evidence to the contrary.
- Customer shall pay all invoices in full within three (3) days of the invoice due date.
- Upon Customer’s failure to pay within the term, Zak Servers will disable the services and/or associated functionality (e.g. the administrative interface) until all invoices have been paid in full.
- If Customer disputes all or part of an invoice, the Customer must provide a complaint with supporting evidence to Zak Servers in writing within seven days after receiving the invoice. In such an event, the Customer is entitled to suspend the payment of the disputed part of the invoice but not of any other part.
- If Zak Servers deems the complaint is justified, Zak Servers will issue an adjusted or replacement invoice. If Zak Servers deems the complaint unjustified, the Customer will pay the disputed balance immediately. Customer will also pay legal interest calculated monthly from the moment the original term of payment expired, and any costs, fees, and expenses incurred in connection with the collection of the debt.
- Zak Servers may limit access to the Services or otherwise suspend its obligations under the agreement if Zak Servers may reasonably assume that the Customer has failed to comply with its payment obligations.
- Zak Servers is entitled to adjust the prices twice every calendar year by giving a one-month notice.
Article 9. Limitation of liability
- Zak Servers shall be liable to Customer only for direct damages arising out of its intentional misconduct towards Customer or materially negligent performance of any of its obligations under the agreement.
- Zak Servers shall never be liable for any consequential, special, punitive and/or incidental damages, including loss of profits, arising out of or in connection with the agreement, even if advised of the possibility of such damages.
- Any liability of Zak Servers for an event shall not exceed the amount paid by Customer to Zak Servers in the three months preceding the date the event occurred.
- No liability shall exist for damages that have not been reported to Zak Servers in writing within two weeks of their occurrence, or for damages where the Customer failed to take appropriate measures to limit such damages.
- Customer shall indemnify, defend and hold harmless Zak Servers against all losses, claims, damages, liabilities, actions, costs or expenses, including reasonable attorneys’ fees incurred by it in connection with any claim from third parties.
Article 10. Force majeure
- Apart from the obligation to make timely payments under the agreement, neither of the parties shall be liable for any failure to fulfill any of its obligations under the agreement if that failure is due to force majeure.
- Force majeure is deemed to include, without limitation, acts or omissions of governments, acts or omissions of military authorities, strikes, lock-outs or other industrial disturbances, wars, blockades, insurrections, riots, epidemics, landslides, earthquakes, fires, storms, lightning, floods, acts of God, civil disturbances, (distributed) denial of service attacks, limited functioning of the relevant Internet infrastructure outside the control of either party, terrorist attacks, late delivery by third party suppliers and any other acts or omissions not within the control of the affected party.
- The party affected by the event of force majeure shall without delay inform the other party of the extent of the delay expected as a result of the event in writing.
Article 11. Term and termination
- The agreement is formed upon Zak Servers’s approval of the request and remains in force for successive terms of one month each until the Customer terminates the agreement through a written notice or a cancelation request submitted via the Client Area.
- At any time Zak Servers may demand Customer to provide proof of its identity. Failure to cooperate with this process is a reason for immediate termination of the agreement.
- In case Customer blame fully fails to comply with the material obligations under the agreement, Zak Servers will terminate the agreement, but only after the party that failed to comply has not remedied the failure within a reasonable period after service suspension due to non-payment.
- Upon termination, Zak Servers will send the Customer a final invoice for any amounts due but not yet invoiced. Any invoices sent before the date of termination will remain due and in full effect and will become immediately payable on termination.
- Those terms and conditions of these Terms and Conditions and the agreement, which are, by their nature, meant to survive the termination of the agreement, shall so survive.
Article 12. Changes to the agreement
- The agreement, including these Terms and Conditions, may only be modified by a written document executed by the parties.
- Zak Servers has the right to adapt or add to these Terms and Conditions at any time. Such adapted or additional terms shall enter into force 10 days after communication thereof to Customer.
- If the Customer does not wish to accept an adapted or additional term, the Customer must raise its objection to Zak Servers within these 10 days after being notified about these terms. Zak Servers then may, at its discretion, withdraw the adaptation or addition. If Zak Servers does not do so, the Customer has the right to terminate the agreement within these 10 days. Failure to terminate constitutes acceptance of such terms.
Article 13. Applicable law and disputes
- The law of Singapore governs the agreement and these General Terms and Conditions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
- Any disputes arising between Zak Servers and Customer in connection with the agreement will be settled by the competent courts in Singapore, in the principal place of business of Zak Servers.
- If any part of the agreement or these General Terms and Conditions become or are declared to be invalid by any court of competent jurisdiction, such invalidity shall not affect the rest of this agreement. The parties shall in such a case determine one or more replacement provisions that most closely approximate the clause concerned and which is legal under applicable law.
- The failure of either party at any time to require performance by the other party of any provision of the agreement shall in no way affect that party's right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of the agreement be taken or held to be a waiver of any further breach of the same provision.
- Neither party may bring an action, regardless of form, arising out of or related to the agreement more than one year after the cause of action has arisen or the date of discovery of such cause, whichever is later. However, in no event can an action be brought more than one year after the date of termination of the agreement.
Article 14. Miscellaneous terms
- The parties enter into the agreement as independent contractors. No employment or agent/principal relationship is created by the agreement between Zak Servers and Customer or any of their respective employees or agents.
- The agreement shall not be assigned or otherwise transferred by a party without the prior written consent of the other party, which shall not be unreasonably withheld. Any such assignment without such consent will be null and void. However, no consent is necessary for an assignment or transfer of the agreement to any affiliate of the transferring party or any company that succeeds to substantially all of that party’s business. Furthermore, Zak Servers is permitted to assign and transfer the agreement to any third party. The agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties.
- The customer shall keep Zak Servers informed of any changes in his name, address or other contact details that may be relevant to Zak Servers.
- Any requirement for a “written” statement can be fulfilled by using an email, provided the identity of the sender and the integrity of such email can be determined with sufficient certainty.
- The section headings in these General Terms and Conditions are for convenience only and shall not be used in construing or interpreting said terms.