ByteAnia hosting with company name: BYTEANIA LTD with registration number: 13374845 with primary place of business at: International House, 12 Constance Street, London, United Kingdom, E16 2DQ
YOU: the customer whereas your affiliated details are automatically accepted in terms of the personal information you've provided to sign up as a member and make a purchase.
DO NOTE: THE FOLLOWING TERMS GOVERN OUR AGREEMENT TO PROVIDE SERVICES TO YOU AS THE CUSTOMER. IT IS IMPORTANT THAT YOU READ THESE CAREFULLY AND IN FULL BEFORE ORDERING ANY SERVICES FROM ByteAnia.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ORDER ANY SERVICES FROM US.
BY NATURE OF HAVING AN ACCOUNT WITH US YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
1. Applicable Jurisdiction.
You hereby agree that the country of the United Kingdom will have exclusive jurisdiction over this agreement, you further agree that the rules and regulations, judicial precedent and the laws of England and Wales will be applicable.
2. Reserved rights.
ByteAnia hereby reserves the right to amend, modify or alter any part of this agreement at any given time without the prior notice to you or your consent thereof.
3. Eligibility to use.
You agree that you are above the age of thirteen (13), in the event you are not above the age of thirteen (13) you agree that you have obtained the consent of your legal guardian and or parent.
4. Supply of Services
5. Your account.
6. Cancelation of Services
7. Termination of Services.
8. Refunds and chargebacks
10. General provisions.
You shall not use our services for any and all unlawful or malicious means.
You agree that you are using our services at your own risk, and that we are not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
You expressly agree that your use of the services is at your sole and exclusive risk. The services are provided on an "as is, with all faults" and "as available" basis.
We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in any software, hardware or the services will be corrected. Any statements made regarding such matters in promotional materials shall be considered advertising references, and not warranties. You understand and agree that any use you make of any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
The choice of law is that of Norway and as such it shall be the only applicable jurisdiction to decide upon disputes, use of legislation and legal principles, all parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this agreement whatsoever and the parties agree that this choice of venue, jurisdiction, and forum as set out in the following parts of this agreement is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this agreement in jurisdiction other than that specified in this section.
If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by You.
Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.
This Agreement (including all other policies incorporated herein) constitutes the entire agreement between the parties with respect to the Services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Nothing within this agreement shall be constructed as to the parties having an employee-employer relationship.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay our performance
All notices permitted or required under this Agreement may be sent by e-mail, fax, express mail, mail, or registered mail to the e-mail address, fax number, or address most recently provided by You and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of the parties may communicate with the other by electronic means as described in this Agreement. Each of the parties agrees to the following for all electronic communications:
The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity;
An electronic communication sent by You containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature on it; and
An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.