This agreement represents the complete agreement and understanding between ARZ HOST and the Customer and supersedes any other written or oral agreement. Upon notice published on its Website, ARZ HOST may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
Under the terms of this agreement, your placement of information on ARZ HOST’s servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on ARZ HOST’s servers, and should notify our Billing Department so that we can close your account.
ARZ HOST agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art. ARZ HOST only has an obligation of means.
ARZ HOST shall not be liable in the circumstances described below.:
If the performance of this Agreement, or of any of ARZ HOST’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, an epidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond ARZ HOST’s reasonable control (“Force Majeure event”), then ARZ HOST, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from performing his/its obligations to the extent that his/its obligations pertain to the performance of the obligations thus barred, limited or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it.
Should the effects of this Force Majeure last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them.
Or ARZ HOST shall not be liable the Customer causes, for example:
- a deterioration of the application;
- the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its part, or non-compliance with the advice given;
- the disclosure or illegal use of the password confidentially given to the Customer ;
- fault, negligence or omission of a third party over whom ARZ HOST has no control or supervision power;
- a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party; or
- the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly
attributable to the Customer.
The Customer acknowledges that ARZ HOST authorizes other Service users to install their websites and servers in his/its facilities. ARZ HOST shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, ARZ HOST’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to ARZ HOST under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall ARZ HOST be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.
ARZ HOST does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all required
steps in order to back up his/its data in the event of a loss or deterioration of such data for any reason whatsoever,
including reasons not explicitly mentioned hereunder.
CUSTOMER’S OBLIGATIONS AND LIABILITIES
The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder.
The Customer agrees to communicate to ARZ HOST his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified.
ARZ HOST reserves the right to request supporting documentation from the Customer to ensure the accuracy of their information.
The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service.
ARZ HOST is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of ARZ HOST , in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not.
The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s).
The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The Customer also agrees to take out all required insurance policies from a well known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof.
The Customer hereby fully accepts all legal obligations arising from the administration of their Services. ARZ HOST cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer’s Services. Non-compliance by the Customer with the aforementioned points detailed in ARZ HOST’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give ARZ HOST the right to immediately disconnect and/or stop the Customer’s Services without prior notice, and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages and interest that ARZ HOST may claim.
The Customer undertakes to settle directly with a claimant, any sum demanded from ARZ HOST by such claimant. Moreover, the Customer undertakes to intervene at the request of ARZ HOST in any proceedings brought against ARZ HOST and shall indemnify and hold harmless ARZ HOST from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that is brought against ARZ HOST and is related to the Customer’s obligations under this Agreement.
The Customer hereby agrees to inform ARZ HOST within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords.
When suspicious activity (SPAM, violation of copyright, Attack, Phishing, illegal content, DoS PortScan …) is detected by ARZ HOST or reported by a third party, ARZ HOST may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 or 72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service.
Conditions of payment
The base price of the quotation is set out on the ARZ HOST Site. The sums due will be invoiced monthly on the anniversary date of technical support being received for the Service. In the event of monthly renewal of the Service, all sums due relating to this Service, including technical support, will be invoiced.
No new interventions will be carried out if the payment of the preceding intervention has not been honoured.
ARZ HOST may possibly not renew its Service at the end of the term. ARZ HOST shall make every effort to inform the Customer beforehand regarding this and shall delete all the data stored by the Customer on the Service. The Customer hereby agrees to recover all his/its data prior to the end of the Service term.
Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular, or lacking the required references, or made by any method or procedure not accepted by ARZ HOST are not acceptable and will result in rejection by ARZ HOST of the registration or renewal request.
Concerning renewals paid by cheque, it is up to the Customer to request the renewal with sufficient time for the cheque to be received and processed by ARZ HOST prior to expiration of the Service. ARZ HOST reminds the Customer that the processing of a payment by cheque may take more than 5 working days in some cases.
Refund Policy. Our all services carry a 7-day money back guarantee with a valid reason requirement for cancellation. Valid reasons include issues which are caused due to fault of ARZ HOST. You may be charged for the resources you have used which can include but are not limited to bandwidth, ram and hard disk space. The upgrades, one time fees, setup fees, software package fees, whatsoever are non-refundable. Dedicated Servers & Colocation space and other services are non-refundable.
TERMINATION, LIMITATION AND SUSPENSION OF SERVICE
Breach by the Customer of his/its obligations as defined hereunder, including all activities specifically barred while using ARZ HOST services and/or any content specifically barred when using ARZ HOST services, and/or likely to result in civil and/or criminal liability and/or likely to prejudice a third party’s rights, shall give rise to ARZ HOST’s right to immediately cut off the cable and/or interrupt the Customer’s services, without any prior demand, and to immediately terminate the Service, as of right, without prejudice to any other damages ARZ HOST may have a right to claim.
At the end of the term of this Service, for any reason whatsoever, ARZ HOST shall entirely delete all the files on the
ARZ HOST reserves the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the Customer uses the services provided for any activity which violates the terms and conditions of the Agreement with ARZ HOST or the Service objectives. The Service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of Service offered by ARZ HOST provide for such sanctions in the event of a breach.
The restriction, limitation or suspension measures shall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of such breach(es). The Customer agrees in advance that ARZ HOST may restrict, limit or suspend the Service offered if ARZ HOST receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws and
regulations in force. Either Party may terminate the Agreement, as of right and without indemnity, in the case of a Force Majeure event
lasting more than thirty (30) days.
ARZ HOST reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on ARZ HOST’s hosting platform. ARZ HOST shall, to the extent possible, give the Customer prior notice regarding such interruption.
ARZ HOST reserves the right to interrupt the Service, as needed, for technical interventions designed to improve its operations, or for maintenance procedures.
How much disk space and bandwidth is included with my plan?
For packages supporting unmetered disk space or data transfer (bandwidth), we do not have defined limitations. These resources are “unmetered”, meaning you are not billed according to the amount of disk space or bandwidth used. While of course these resources are not infinite, we believe our customers should have all the resources necessary to build an online presence and 99.95% of customers will have more than enough disk space and bandwidth to meet their needs.
CUSTOMER INFORMATION AND COMPLIANCE WITH SERVICE
ARZ HOST reminds the Customer that, while providing the Service to the Customer, ARZ HOST may keep some of the Customer’s personal data in compliance with its regulatory and judicial obligations. Information such as “last name, first name, mailing address, e-mail address, phone numbers, and IP connection addresses” shall be kept by HostTim during the entire term of the Agreement and up to twelve (12) months after the expiration of the Service.
The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes. Except as otherwise provided in the Specific Terms and Conditions, ARZ HOST shall not disclose nor sell the Customer’s personal data.
The Customer agrees that his/its personal data may be stored, handled and transferred by ARZ HOST to its affiliates, who shall only have access to such data in order to perform essential functions in the provision of the Service, all in strict compliance with the Customer’s privacy rights.
The Customer also acknowledges that ARZ HOST may communicate the Customer’s information at the request of administrative, regulatory or judicial authorities.
The invalidity of one of the provision of the Service Agreement entered into with ARZ HOST, particularly under a law or a regulation or as a result of the final judgment of a court of competent jurisdiction, shall not invalidate the other provisions of such Service Agreement, which will remain in full force and effect.
The Parties shall, in such cases, to the extent possible, replace the invalid provision with a valid provision consistent with the spirit and object of the Agreement’s terms and conditions.
By placing and continuing to maintain or place information on ARZ HOST’s servers, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand they.