Knowledge Base

Terms of Service (TOS)

Terms and Conditions

(Version: 2023-10-01)

Liability/Accountability - Client

The Client alone is responsible for the content stored or transmitted by his server/service.
The client is responsible for ensuring that the services or content stored or run on his server/service do not violate Austrian, European or International Law.

Liability/Accountability - Provider

The Client acknowledges that the Provider provides the advertised services  on a "reasonable efforts" basis.
No expressed guarantees are made regarding service uptime or stability.
Services/Resources are provided in in good faith.
Any misconduct is without SiteTide's (Sebastian-Wilhelm Graf's) knowledge/consent.
Therefore SiteTide (Sebastian-Wilhelm Graf's) is not liable for any misconduct of its clients.

Validation Process/Anti-Fraud/Know your Customer

For the Purpose of Validating, Preventing Fraud, or to comply with Know your Customer
Regulations, various documents may be requested from the client.

Data-Processing

By "Registering on" or "Using of" the Website, the Client acknowledges that he accepts
the Terms and Conditions. The Client grants the right to the Provider
to process his personal/private information for the purpose of:
• Providing access to this Website and associated services.
• Providing the Services offered via this Website. (including Network/Performance/Hardware Monitoring)
• Marketing
• Fraud-Checking
• Payment Processing
• Notification (E-Mail , SMS, Mail)
• and activities that are associated with the listed purposes.

Acceptable Use

The Customer agrees to honor the Acceptable-Use-Policy 
(Link to the AUP: https://clients.sitetide.com/plugin/support_manager/knowledgebase/view/211/acceptable-use-policy-aup/46/ )
Failing to Comply with the Acceptable-Use Policy may result in service termination or suspension.

The Client/Customer agrees to reimburse the Provider for any fines or legal
fees/cost associated, should he be found in breach of the Acceptable Use Policy or Terms and Conditions. 
Generally, should the Provider be made aware of a Client/User breaching 
the Acceptable Use Policy an attempt to notify the user will be made.
Usually a reasonable response window will be given, Except in severe/urgent cases.
This decision is at the discretion of the Provider.

Over-Usage of Bandwidth

Should the Customer exceed his Bandwidth/Data-Transfer allocations, the Service provided may be limited or suspended.
Excessive CPU use or continued high disk IO R+W requests may be considered over-usage of server server-resources.
As a general rule as long as the resource usage is not impacting others no restrictions will be placed. 
To prevent server abuse, automated system monitoring may be used.

Over-Usage of Server-Resources

Excessive CPU use or continued high disk IO R+W requests may be considered over-usage of server server-resources.
As a general rule as long as the resource usage is not impacting others no restrictions will be placed.
If a clients usage is found to be excessive then additional resource-limits may be placed and the client will be notified.
To prevent server abuse, automated system monitoring may be used.

Payment

All Fees and Services offered are paid for in advance on a monthly or yearly basis.
All Services/Fees listed/advertised on the website are listed with their respective monthly or yearly price.
The Client agrees to pay the Provider (SiteTide / Sebastian Graf) for Products and Services without deduction, or delay for any reason.
Invoices are issued several days in advance, in order to allow the payment to be processed on time.
Accounts with services not paid in full by the due date, are subject to suspension or termination.
Should an account or service be terminated for non-payment, the remaining duration of the current contract period is still to be paid for by the customer.

Refunds

Generally, there are no Refunds issued. (Except at the discretion of the Provider.)

Cancellation

A Service may be canceled by giving notice at least 7 days before its expiry/renewal date.
At the discretion of the Provider (SiteTide / Sebastian Graf) shorter periods may be granted.
The Cancellation of a Service may be requested by e-Mail (or via the Ticket-System) or via the billing portal.

Refusal Of Service

SiteTide (Sebastian Graf) reserves the right to refuse, cancel or suspend service, at our sole discretion.
All users of SiteTide must adhere to the Terms of Service and Acceptable-Use Policy.

Limitation of Liability

SiteTide (Sebastian Graf)  shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever.

Furthermore, SiteTide (Sebastian Graf)  shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion or termination of any service from one of the servers.

Disclaimer

SiteTide (Sebastian Graf) cannot be held liable for system down time, crashes or data loss. 
SiteTide (Sebastian Graf) cannot be held liable for any predicated estimate of profits which a client would have gained if their service was functioning.
Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question.
SiteTide reserves the right to remove any account, without advance notice for any reason without restitution, as SiteTide (Sebastian Graf) sees fit.

Account Transfers

There are no account-transfers. services cannot be transferred from one client to another.

Jurisdiction

SiteTide is operated out of Austria and falls under Austrian jurisdiction.
The applicable law(s) for the any Interaction/Order/Service/... provided, purchased,…
is Austrian Law.

European End Customers

For European End Customers - the European consumer rights and special Rules regarding electronic services amend/overwrite/extend/alter only the relevant parts of this agreement

Contract/Clause Validity

The Customer agrees that if parts of this contract are deemed invalid, the rest of the contract/agreement clauses remain unaffected and will stay in effect.

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