Terms of service
Here you can read the full terms of services that you are accepting as a Binero cloud customer.
Additional terms and conditions regarding Virtual Private Server (VPS)
• 1.1 These additional terms and conditions (“The Addition”) are valid as an addition to Binero’s general terms and conditions (”the Agreement”), that are published on Binero’s website, between BINERO AB, org.no. 556689-0397 (“Binero”), and the person/entity subscribing for the Service (as defined below) (“the Customer”). The Addition is an integrated part of the Agreement.
• 1.2 The Addition refers to purchases of VPS-services and connected services as called separately by the Customer (hereinafter ”the Service”). In case of contradictions in the interpretation of the Addition and the Agreement, the Addition has priority regarding the Service.
2. THE SERVICE
• 2.1 The Service refers to the supplying of a Virtual Private Server (VPS) and connected services called separately by the Customer. The content of, and the costs for, the Service are specified in a separate order confirmation/invoice and on the website of Binero.
3. PAYMENT AND INVOICING
• 3.1 The costs for the Service are invoiced to the Customer in arrears every month. In case of delayed payments Binero has the right, where applicable, to charge a fee for reminders and collection costs. In case of default Binero is entitled to turn off the Service until payment has been made.
• 4.1 The Addition is not covered by a commitment period and can be terminated immediately. Fees referring to the Service already paid to Binero are not refunded at termination with exception of what is stated in p. 4.2.
• 4.2 A Customer who is a consumer is entitled to a cooling off period of 14 days from the day of entering the Agreement, i.e. from the time the Customer received the order confirmation from Binero, in accordance with the Swedish Act on distance sale contracts and contracts concluded outside business premises (Lagen om distansavtal och avtal utanför affärslokaler (2005:59)).
In order for the Customer to exercise his/her rights under the cooling off period the Customer has to notify Binero in writing that he/she wants to exercise his/her rights under the cooling off period. If this right is claimed after Binero has started providing the Service (with consent from the Customer), Binero is entitled to compensation with a proportionate part of the agreed price for the part of the Service already provided.
5. CUSTOMER’S RESONSIBILITY
• 5.1 The Customer is fully responsible for the material and the information handled and stored through the Service, regardless of whether the information has been submitted by the Customer or by another user. The Customer is thus responsible for the information relating to the Service not infringing upon third party rights or in other ways being in conflict with Swedish law. Furthermore the Customer is responsible for having necessary permits to receive, distribute and store information. If the Customer delegate the handling of the Service to another party, it will not limit the Customer’s responsibilities laid down in this Addition.
• 5.2 The Customer undertakes to use the Service in a way that maintains the security of Binero’s services and networks and not to spread computer viruses or other harmful code.
• 5.3 The Customer shall not use the Service contrary to the Addition, the Agreement and applicable law or for promoting inappropriate or unethical activity. The Customer is not entitled to seek unauthorized access to and/or unlawfully use, destroy or distort information on computers, networks or accounts not belonging to the Customer. Furthermore, the Customer is not entitled to take part in, or forward to third parties, such information.
• 5.4 If the Customer or another party, who has been given access to the Service through the Customer, publishes information that is not acceptable to the Agreement or the Addition, the Customer is obliged to immediately take corrective actions and inform Binero, and upon request from Binero, delete the information.
• 5.5 The Customer shall hold Binero harmless of all claims directed to Binero from third parties as a consequence of the Customer’s use of the Service.
6. BINERO’S RESPONSIBLITY
• 6.1 Binero will take all reasonable steps in order to keep the Service available to the Customer. Binero does not provide any guarantee regarding the Service’s function and availability other than what is expressly stated in the Addition and can thus not be held responsible for direct or indirect damages caused by the Service not being available or functioning correctly.
• 6.2 Binero does not control the information submitted through the Service wherefore Binero cannot be held responsible for direct or indirect damages caused by the content on the Service. Binero is not responsible for damages incurred due to computer virus or unauthorized access or other unauthorized impact on Binero’s servers or networks.
• 6.3 Binero has the right to control the information handled through the Service when checking for faults and when investigating suspicions of violation of agreement or breach of Swedish law. Furthermore Binero is entitled to delete or move information on the Customer’s VPS if the information is caused by, or risk causing, harm on Binero’s servers or networks or to its Customers.
7. USE OF THE SERVICE
• 7.1 Binero reserves the right to prevent use that is intruding upon other user’s user space (overuse). In case of overuse Binero reserves the right to limit the Customer’s use of the Service in a suitable way and, if appropriate, shut down the Service. If such limitation or shutdown is implemented Binero will contact the Customer in order to inform of the problem and find a solution.
• 7.2 Binero is entitled to shut down the Service immediately and take legal actions if the Customer’s use of the Service risk harming Binero, without the right to refund of fees paid or other compensation.
• 8.1 In relation to the Service Binero provides free support. What constitutes free support is regulated on Binero’s website. Binero reserves the right to define and redefine what constitutes free support.
• 8.2 Binero’s Service Level Agreement (SLA) is available on Binero’s website and by accepting the Addition the Customer is accepting this SLA as well. Binero reserves the right to make amendments in the SLA.
• 9.1 Binero has the right to make changes in the Addition, which will become effective 30 days after the publishing. Changes in the Addition will be announced in writing, via e-mail, to all Customers. Any Customer who does not accept the new terms and conditions has the right to terminate the agreement immediately in accordance with p. 4.1.
• 9.2 The processing of personal data regarding the Service is regulated in the Agreement. Binero does not delete Customer information as long as the Service is running, unless the Customer makes a request of deletion of personal data in writing and verifies his/her identity. Binero reserves the right to move information to other data media if necessary.
• 9.3 Disputes regarding the interpretation or application of the Addition will be settled by Swedish courts in accordance with Swedish law, whereas Stockholm District Court is the first instance.