Agreement on the Internet service
1. The Parties
1.1. Recipient (hereinafter - the Client), on the one hand, and LLC “Tevale" Reg. No. 40103363789 (hereinafter - Service Provider), on the other hand, both together and individually hereinafter referred to as the Parties, without mistake, fraud or coercion on the basis of the current Latvian legislation, signed this Agreement as follows:
2. Object of the Agreement.
2.1. Service Provider provides the Client with the services listed in this Agreement (hereinafter - Services), and the Client agrees to pay for the Services in accordance with the Client’s chosen tariff plan and terms of this Agreement. Service Provider's service scope, technical specifications and tariffs are set in the Annex No1 of this Agreement (found at: http://www.tevale.net/lv/info/linux and http://www.tevale.net/lv/info/vps).
2.2. To receive the Services the Service Provider shall create the Client's account. To identify the Client, Client’s user name and password shall be registered.
3. Provisions of the Payment.
3.1. The Client shall pay for the Services before they are received, based on the invoice received from the Service Provider. Payment shall be paid within 14 (fourteen) days from the issue of the invoice. The payment order shall be specified in the invoice.
3.2. In case the Client fails to pay for the Services received in accordance with this Agreement, the Service Provider is entitled to authorize third parties to collect the principal debt and bring ancillary claims against the Client arising from this Agreement. Client undertakes to pay all costs to the Service Provider that have been paid or have to be paid by the Service Provider to the third party for debt collection from the Client.
3.3. For invoices upon which payment is not received within the terms and provisions of this Agreement the Service Provider reserves the right to charge penalty fee 0.1% of the overdue payment for each day of delay. Payments received covers penalty fee as priority. After the penalty fee is covered, the payments are directed to cover the main debt. Even the Client has paid the penalty fee, he shall pay also the main debt to the Service Provider.
4. Provisions of Services.
4.1. The Client undertakes full responsibility for any action he performs by using the Services;
4.2. The Client undertakes not to access the systems or files of the third person without the owner’s permission, even if these systems or files are not adequately protected;
4.3. The Client undertakes not to use the Services and the information obtained by using the Services for illegal purposes;
4.4. The Client undertakes not to transmit the letter-chains and other advertising materials to the recipients who have not sent respective request for it.
4.5. The Client undertakes not to use the Services for distribution and creation of computer virus and similar materials.
4.6. The Client undertakes not to use the Services in order to breach or violate the rights of third parties (including third party intellectual property rights and confidentiality).
4.7. The Client is prohibited:
4.7.1. To locate and use any information, including personal data, where its use is prohibited in accordance with the law of the Republic of Latvia.
4.7.2. To locate Bittorrent trekers containing links or torrents, which can be use to obtain copyright infringing materials.
4.7.3. To access to the information of the other system’s users.
4.7.4. Either with intent or due to negligence to obstruct the operations of other service provider's servers or networks.
4.8. The use of server resources:
4.8.1. Maximum load of the processor - 15%
4.8.2. Maximum time of PHP script execution - 2 minutes
4.8.3. Maximum number of simultaneous processes per user - 20
4.8.4. Maximum amount of memory per process - 200MB
4.8.5. Maximum amount of e-mails sent out for one domain per hour - 200
4.8.6. Maximum number of recipients in one letter – 20
5. Client’s Rights and Obligations
5.1. Client is prohibited from disclosing the received password and user name to the third parties.
5.2. Client undertakes full responsibility for actions performed by/after using a password or user name. Client undertakes responsibility for the actions third parties have done by using the Client’s password or user name. Other persons, who use Client’s user name or password are obliged to comply with the provisions of this Agreement to the same extent as the Client. After receiving respective information the Client is obliged to inform Service Providers about any illegal actions with the Client’s user name and password or any other breach of security.
5.3. The Client is obliged to provide the Service Provider with all necessary information and documentation which is necessary in order to provide Services.
6. Service Provider's Rights and Obligations.
6.1. The Service Provider shall provide the Services in good quality. In case the quality of Service is broken due to the reasons not affected by the Service Provider (including the Internet, network failures) the Service Provider is not obliged to provide continuity of the Services.
6.2. The Service Provider is entitled to make the necessary adjustments to Client’s data system, including the deletion of data, to ensure that client service is used in accordance with this Agreement and the law of the Republic of Latvia.
7. Closure of the Client’s Account
7.1. The Service Provider is entitled temporarily or permanently to close the Client’s accounts, and/or terminate this Agreement without previous notice if:
a) the Client violates the provisions of this Agreement;
b) the Client has not paid for the Services in accordance with Article 3.1. of this Agreement.
8.Duration and Termination
8.1. Agreement enters into force from the moment when the Client has approved it electronically prior to electronic submission of the application to receive the Services. This Agreement remains in force until the Parties have fulfilled the liabilities and commitments undertaken by this Agreement.
8.2. In case one of the Parties requires termination of the Agreement, it must be notified in writing to the other Party no later than one calendar month prior to the termination of the Agreement. Advance warning to termination of this Agreement is not required in cases mentioned in the Article 7 of the Agreement.
8.4. In case the Agreement is terminated, the Client shall perform the final settlement on the Services received until the closing date of the Client’s account. Only after receiving the final payments for provision of the Services, the Agreement shall be deemed to be terminated. After termination of this Agreement the Client's account is closed and the provision of the Services is terminated.
9.Force Majore Circumstances.
9.1. Parties shall be released from responsibility undertaken by this Agreement whole or in part, if the failure to fulfill the obligations is due to force majeure circumstances, such circumstances began after the conclusion of the Agreement and it was not possible to prevent or foresee such circumstances.
9.2. Party who relies on force majeure circumstances is obliged to notice in writing on it to the other Party immediately (as soon as possible) after the Forse Majore circumstances appear. The notice shall indicate the planned period within or whether it is possible to fulfill the obligations undertaken by this Agreement.
10. Settlement of Disputes.
10.1. This Agreement, including all matters relating to it, shall be governed by, and construed in accordance with, the laws of the Republic of Latvia. Any action or proceeding arising out of or relating to this Contract or the Services shall be brought and maintained exclusively in Republic of Latvia.
10.2. In case Parties cannot resolve the dispute through negotiations, any dispute, disagreement or claim arising under the Agreement, affecting the Agreement, its modification, termination, shall be resolved in the Court of the Republic of Latvia.
11. Amendments and Modifications.
11.1. This Agreement expresses the entire agreement and whole expression of the intent of the Parties. Any other Agreements or negotiations between the Parties regarding the subject matter of this Agreement are not valid.
11.2. No variation to the Agreement shall be effective unless it is documented in writing.
12. Other Terms and Conditions.
12.1. This Agreement is made electronically and is effective without signature of the Parties.
12.2. The financial information if the Agreement is confidential excepting the provisions of Article 3.2.
12.3. This Agreement is binding on the Service Provider, the Client and the legal successor of the Partie’s commitments and liabilities.