TERMS OF SERVICE
These Terms of Service (” ToS ”) govern your access to and use of the Appnor MSP S.R.L. (“ Appnor ”)’s website and services as detailed in the Appnor Services Agreement (“ Services ”), by setting forth the service terms and conditions specific to all categories of Services. The ToS is governed by, incorporated by reference, and must be read in conjunction with the Appnor Services Agreement and with the Appnor Privacy Statement which may be subject to change from time to time. It is your responsibility to comply with the latest edition of the ToS and Privacy Statement in force at any given time. By accessing or using the Services you agree to be bound by the ToS.
All terms capitalized herein have the meaning ascribed to them in the Appnor Services Agreement and the Appnor Privacy Statement.
ACCESS TO SERVICES
Your access to and use of the Services is at your own risk. Appnor will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that Appnor has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from Appnor or through the Services, will create any warranty not expressly made herein.
Users shall not, under any circumstances, re-sell, rent out, or share use of the Services, or any part thereof, to, or with, any other person, except where specifically agreed with Appnor in writing.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Services account. Appnor cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
USER CONTACT DETAILS
You will remain liable to all accrued charges up to the point whereby the Services Agreement is terminated, even if we suspend access to our Services, or where the outstanding amount has not been paid following repeated reminders, Appnor may terminate the Services account and delete any data connected with and stored in relation to that account.
Appnor respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
All right, title, and interest in and to the Services are and will remain the exclusive property of Appnor. The Services are protected by copyright, trademark, and other laws of Romania and foreign countries. Nothing in the ToS gives you a right to use the Appnor name or any of the Appnor trademarks, logos, domain names, other distinctive brand features or other copyrighted materials. Any feedback, comments, or suggestions you may provide regarding Appnor, or the Services, are entirely voluntary and Apnnor will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
Domain names may be registered by Appnor on behalf of individuals, organizations and companies. Ownership of and responsibility for any such domain name shall rest with the registrant (user) who shall indemnify Appnor against any direct and indirect losses, including lost profits, as a result of registration or use of the domain name. Use of any domain name by a user is deemed to be an agreement to the ToS.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Appnor of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
In using the Services, you agree to indemnify Appnor against any claim, costs or liability incurred as a result of the use of the Services. Accounts and Services must not be used for any illegal act or purpose. If the Services are used for illegal purposes, Appnor may terminate the Services at its sole discretion. In these circumstances, you will not be entitled to any refund of any Services Fee.
To the maximum extent permitted by the law, Appnor shall not be liable for any direct or indirect loss, including lost profits, loss of data, use, god-will (reputation), or other intangible loss, resulting from: (i) your access to or use of the Services; (ii) any conduct of any third party on the Services including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (iii) any content obtained from the Services. Liability for any loss of Services shall not exceed the proportionate amount of the Services Fee.
The failure of Appnor to enforce any right or provision of the ToS will not be deemed a waiver of such right or provision. In the event that any provision of the ToS is held to be invalid or unenforceable, the remaining provisions of the ToS will remain in full force and effect.
APPNOR SERVICE LEVEL AGREEMENT (“SLA”)
Appnor provides the following level of guarantee for Services, both for its virtual machines and its traditionally hosted servers:
Appnor’s Data Center Network : Appnor guarantees that its Data Center Network (“ Network ”) will be available 99.95% of the time in any given period, excluding the periods of urgent maintenance (which will be announced at least 24 hours in advance), or regular maintenance (which will be announced at least 5 business days in advance) and which do not exceed 240 minutes in any calendar month (“ Scheduled Maintenance ”). In the event Appnor fails to provide this level of Network service and except for Service downtime resulting from your fault, you will be eligible for a SLA credit amounting to ten percent (10%) of the Service Fee for each 1% of the guaranteed uptime.
Appnor’s Data Center Infrastructure: Appnor invests in its datacenter infrastructure to fully support its Services. Appnor guarantees that power and cooling capacity of its infrastructure will be functioning and free from interruptions 99.95% of the time in any given period excluding the periods of Scheduled Maintenance. In the event that a power or cooling problem results in the shutdown of your equipment, you will be eligible for a SLA credit amounting to ten percent (10%) of the Service Fee for each 1% of the guaranteed uptime.
Appnor’s Hosting Infrastructure: Appnor believes in providing highest quality hosting infrastructure and understands the need for reliable hardware devices. Appnor guarantees that all hardware devices, including servers, switches, load balancers, firewalls and power distribution units will be functioning and free from hardware problems. If a hardware device suffers full or partial failure that causes the device to stop operating in an optimal manner, Appnor will replace the hardware within maximum four (4) hours after the hardware has been determined to be at fault in the event the failure has occurred during normal business hours. Any hardware device replacement performed outside normal business hours will be performed in maximum six (6) hours. Should Appnor fail to provide this level of service, you will be eligible for an SLA credit amounting to ten percent (10%) of the Service Fee for each 1% of the guaranteed uptime.
If a migration is required because of virtual machine server host degradation or failure, Appnor will notify you at least 24 hours in advance of beginning the migration unless Appnor determines that it must begin the migration sooner to protect your virtual machine data. In any event, Appnor guarantees that the migration will be complete within 4 hours as of the moment of the problem identification. In the event Appnor fails to provide this level of migration service you will be eligible for a SLA credit amounting to 10% percent of the Service for each 1% of the guaranteed uptime.
SLA Claim Procedure
In order to generate a claim for a service credit, you must contact Appnor’ Customer Support Department within 72 hours as of the moment when the problem occurs. All SLA Credits will be automatically applied by Appnor, and will appear on the next invoice issued to you. Service credits will be credited against your account and may not be received in the form of a refund, except that if any credits remain unused at the termination or expiration of the Appnor Services Agreement. Appnor will provide such credits to you in the form of a wire transfer . You acknowledge that the maximum amount of SLA credit which may be used for a particular billing period cannot exceed the total amount of the Service Fee.
SLA covers only the Services and it does not cover any third party networks, services or software.
You will not receive any credits under the SLA in connection with any problem caused by circumstances beyond Appnor’s control, including without limitation force majeure , acts or omissions of a third party not employed or otherwise controlled by Appnor, interruption or delay in transportation, unavailability of or interruption or delay in communication outside Appnor’s control, failure or delay of third party networks, services or software.
Any Network downtime of less than 5 minutes is not eligible for SLA credit (this level of downtime may be due to instances of automatic reconfiguration/re-routing of various network equipments of Appnor or Appnor’s third party providers). Downtime caused by Scheduled Maintenance is not eligible for SLA credit. DNS issues outside the direct control of Appnor are not eligible for SLA credit. False or deceptive claims are a violation of the ToS and may be subject to Services suspension. Your acts (or acts of others employed or controlled by you), including without limitation, any fault or negligence, intent or use of the Appnor’s Network or the Services in breach of the Appnor Services Agreement, the Privacy Statement or the ToS are nor eligible for SLA credit. If you are in any arrears with payments of the Service Fee, you do not qualify for SLA credit.
The ToS are governed by the Romanian Law. You agree with Appnor to submit any disputes related to the ToS to the exclusive jurisdiction of the Romanian courts.