Terms and Conditions of Service

Last updated May 15, 2021

This terms and conditions of service ("agreement"), along with our privacy policy which can be found HERE , constitutes a legally binding agreement made between us –

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

and

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

  1. We agree to supply the services to you in accordance with this policy, the product and or service description, affiliated description and the applicable pricing in full thereof.
  2. We will use any and all reasonable efforts to supply the service to you once the purchase confirmation have been given and the payment has been successfully made, where we do become aware of a delay, we shall inform you promptly.
  3. We shall not be liable to you for any damages in the event the services are not done within a applicable timeframe, thus it is expressed we shall not be applicable for any loss revenue, additional expenses relating to the delay and or any disputes and further damages relating to the delay.
  4. We further reserve the right to improve, modify, change and or terminate any of our services at any given time, however, we shall give reasonable notice thereof.
  5. We reserve the right to terminate your services without notice where we find that you've violated this agreement, internal policies, and or operating and or doing unlawful activities with the services we provide without providing a refund for such termination.
  6. The services shall be billable and or applicable on a month-to-month basis consisting of 30 calendar days, for some services it is applicable to a quarterly billable or applicable time, and or annual billable or applicable time.

5. Your account.

  1. You agree that you have entered the correct information when signing up and or during the course of making a purchase.
  2. You agree that only you will have access to your account.
  3. You agree that you will promote your best efforts to safeguard your account, which includes not sharing your login details with any person and or with any person outside your organisation.
  4. You agree that we cannot be held liable for your own negligence and or the actions of any unauthorised person that logs into your account for any given reason and or be held liable for the intentional sharing of your account details and the damages that comes from such logins.
  5. We agree to provide a secure login portal and ensure your information is protected by reasonable efforts.
  6. We agree to protect your information, data and or content and the services we provide.
  7. You hereby agree to hold us harmless for any and all aspects relating to the content you provide by making use of our services, you agree that such is by your own actions nor do we accept and or condone any actions.

6. Cancelation of Services

  1. You hereby agree you will provide us three business days' notice before canceling a service.
  2. You agree that no refund shall be applicable in the event you cancel a service after twenty-four hours.
  3. You agree that canceling a service will result in your content being disregarded whereby we have no liability to.
  4. You agree when canceling the service you lose all rights to access, promote and or provide access to the services you've once held.
  5. You agree that when canceling your services by your own accord you cannot claim any aspect of consumer protection thereof and shall be treated as a non-customer.
  6. We do reserve the right to cancel and or withdraw your services at anytime with 3 days business notices thereof.

7. Termination of Services.

  1. We reserve the right to terminate your services at any given time for any given reason with immediate effect if such reason is related to unlawful and or malicious activities and with 3 business days' notice if such is done without due reason.
  2. Where your services are terminated for unlawful reasons and or malicious activities no refund shall be applicable.
  3. Where your services are terminated without due reasons we shall refund the remaining of your payment on a pro-rata rate.
  4. We reserve the right to terminate your services where a payment dispute has been opened and or no payment has been made with immediate effect.
  5. Where your account is terminated the content of such shall be destroyed effective immediate and as such we are not liable for such destruction as the content is in conflict with out terms and conditions of services, we may help you recover lawful content ONLY however, this is not binding and is offered as an additional feature.

8. Refunds and chargebacks

  1. If for any reason you are unhappy with out services you may cancel such service within twenty-four hours of purchase for a money-back guarantee, after twenty-four hours no such shall be applicable.
  2. Any fees paid to payment processors will not be refundable.
  3. In terms of section 7(i) and 7(ii) and (iii) those refunds and no-refunds shall be applicable and binding.
  4. If You withdraw any payments made via a bank, credit card or third party payment method (a "chargeback"), We reserve the right to interrupt, suspend or cancel Your Services and/or charge a fee. Such action is without prejudice to Our right to recover any and all outstanding sums from You and your obligation to pay the same to Us
  5. Unlawful chargebacks are illegal and we will proceed with debt collection and or litigation for any amount, this will result in legal costs against your name.

9. Liability

  1. You agree that we cannot be held liable for any of your actions which include but is not limited to your failure to act, the content you are using our services for, the content you hosting on our services and or the content you use our services for that are accessed by non-members and or content which is accessed by members.
  2. You agree that we cannot be held liable for your content, data and or intellectual property which is hosted and or used on or about our services.
  3. You agree that we have a limited liability to the fullest extent to what the law provides and your only compensation in the event a court agrees to such shall be the payments you've made to us.
  4. You agree that we cannot and shall not be liable to you for any damages caused to your content and or the reason of the content you are using our services for which includes loss of profit, damages to equipment and or software, loss of earnings, delays, damage to content and or the loss of the content.
  5. You agree to defend, indemnify and hold us harmless against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from a. any breach of Your covenants under this Agreement; b. Your use of the Services; c. any defamatory, libelous or illegal material contained within Your Content or Your information and data; d. any claim or contention that Your Content or Your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; e. any third party's access or use of Your Content or Your information and data; f. any violation of the applicable Acceptable Use Policy.
  6. You shall not settle any such claim or liability without the prior written consent of us, which shall not be unreasonably withheld.
  7. To have an active service with us, There must be a payment method maintained on the account at all times.

10. General provisions.

  1. You understand and agree that we have the right to modify this agreement without due notice to you and that you shall be bound by such changes.
  2. You shall not use our services for any and all unlawful or malicious means.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. Nothing within this agreement shall be constructed as to the parties having an employee-employer relationship.

  13. 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

  14. 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:

  15. 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;

  16. 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

  17. An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.

11. Co-Location.

  1. All Co-Location plans must start with the signing of a co-location contract of no less than 3 months.
  2. Upon initiation of your Co-Location a fee will be applied for initial installation of hardware. This will be charged at $100/hr - In most cases $50 for installation.
  3. Upon Cancellation of your Co-Location - Your server will be returned to you at your own expense and a shipping label will be required. We will charge a $50 un-rack fee
  4. If payment is not made for your Co-Location or You Cancel your contract with us - Your server will be stored for 15 days before becoming the property of Byteania Limited.
  5. Your server must be sent to us in working order or have an IPMI port for you to access the server.
  6. We can hard reboot your server at any point upon request via support ticket.
  7. Any on-site remote hands work will result in a $100/hr fee being applied to the account.
  8. In the case where your server arrives damaged or not in working order we can diagnose the issue for a $100/hr fee or otherwise will be unracked and returned at your expense.
  9. We are unable to offer refunds on Co-Location under any circumstance.
  10. We are not liable for any damage to your server during transit or within our Data Centre.