Terms of Servcice
Last updated: 26/02/2023
Spotonmark OÜ (also referred to as ‘the Company’, ‘Spotonmark’, in the proceeding text) agrees to furnish services to the client (customer), subject to the following Terms of Service. Use of spotonmark OÜ Services constitutes acceptance and agreement to this Terms of Service policy.
Refusal of Service
Spotonmark holds the right to restrict use of services. We reserve the right to refuse service to anyone at any time for any reason.
During projects estimated times might be mentioned and do not constitute a specific time of delivery. All projects depend on revisions, availability of the staff, content delivery among other factors. Any change on any of these can delay the delivery of any project and Spotonmark is not liable for any delay on any project.
Spotonmark reserve the right to increase its fees for services with a 30 days notice on invoice payment due date.
Invoices must be paid by their respective due date. All invoices have clearly defined due dates which are visible on said invoices. Clients that have not paid their fees by the due date as specified on the invoice, understand that they are in breach of this agreement. Client hosting and domains that are in arrears for 5 or more days will be subject to automatic service suspension. Reactivation of services that have been suspended due to late payment require full settlement of past due invoices, and the payment of a €50 reactivation fee. Client hosting and domains that are over 10 days, are subject to immediate termination and deletion of all contents.
Spotonmark is the sole owner of any equipment used. The client has no rights on the equipment used. Physical access to equipment, offices and datacenter by the client is strictly prohibited.
Client agrees to maintain a current copy of all content hosted by Spotonmark. Notwithstanding any agreement to provide back up services. Spotonmark is not responsible for the completeness, integrity, or freshness of your account(s) backup. It’s mandatory that all clients have their own backup system in place.
Resource Usage and exploits
Spotonmark reserves the right to suspend or terminate any Services on any account that, at its sole discretion, is abusing server resources or exploiting the servers. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
Suspension of Services
You agree that Spotonmark may suspend your services without liability if (i) we reasonably believe that the services you have subscribed to are in violation of this term of service; (ii) you have unpaid, overdue invoices; (iii) your services are being used to carry out attacks on other servers, your services are under attack, your services are in any way, wilful or not, exploiting or abusing server resources.
Disclaimer of Warranties
Spotonmark DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Spotonmark DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Spotonmark AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
On aquiring services the client agrees to indemnify and hold harmless Spotonmark, Spotonmark affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by the client.
The client agrees that this Agreement shall be governed in all respects by the laws and courts of Estonia. The client agrees that any claim or dispute that may arise against Spotonmark OÜ, must be resolved by a court located in Estonia.