Public offer contract for Zomro hosting services
- 1.1. Zomro: a private company with limited liability, Zomro B.V., with its registered office located at Hengelosestraat 201, Enschede, the Netherlands, 7521 AC or Celeritas International LLC, Romania, Cluj-Napoca, Horea street 82A, Reg. Nr.: 47851500, user of these Terms of Service, hereinafter referred to as ZOMRO.
- 1.2. Customer: the counterparty of ZOMRO, hereinafter referred to as CUSTOMER.
- 1.3. Services: the Services leased by CUSTOMER from ZOMRO are set out in the (online) Order (also referred to as Agreement).
- 1.4. Terms of Service: the provision of the general terms and conditions, and the policies and guidelines to clarify how the Services may be used are set out in the Terms of Service ('TOS').
2. SERVICE CHARGES
- 2.1. For the use of the Services, CUSTOMER shall pay a recurring service charge to ZOMRO, as specified in the (online) Order.
- 2.2. All prices are in Euro (€) exclusive of VAT, exclusive of third-party involvement (e.g., bank transactions or (online) payment provider fees), and any other taxes or duties to be levied by the government. All services must be paid by CUSTOMER in that currency, unless otherwise agreed.
- 2.3. ZOMRO has the right to change the rates charged to CUSTOMER. CUSTOMER will be notified of these changes by means of email and/or ZOMRO's website at least one (1) month before they take effect. CUSTOMER is entitled to terminate the Agreement on the day that the change takes effect, provided the price change represents an increase in price.
- 2.4. Payment (based on prepayment) must be made within fourteen (14) days of the invoice date in a manner designated by ZOMRO.
- 2.5. In case of a service going unpaid, the service will firstly be suspended. To resume service, the service payment must be made. In case of late payment, interest is charged for each day past the due date.
- 2.6. If CUSTOMER did not select an automatic service prolongation, it must be prolonged manually. In case of a disabled automatic service prolongation, when service validity is over, it is suspended. In case of an automatic service prolongation, it is sufficient to add a balance in the amount sufficient to prolong the service for a period, which was selected for the automatic service prolongation.
- 2.7. ZOMRO reserves the right to delete a service, in the case it has been suspended because of an overdue payment and the payment needed to prolong the service was not made. In this case, ZOMRO reserves the right to delete the service. In case of an unpaid service, it will be deleted after ten (10) days for a dedicated server, fourteen (14) days for a virtual server, or thirty (30) days for a virtual hosting.
3. TERMS AND TERMINATION
- 3.1. The Agreement is entered into for a fixed period of time, unless the nature or essence of the terms provided dictates an indefinite period of time.
- 3.2. At the end of the term, the Agreement shall be renewed for successive terms equal to the initial term, unless either party notifies the other in writing that it does not agree to a renewal of the Agreement with a notice period of at least one (1) day.
ZOMRO is entitled to (partially) suspend fulfillment of its obligations or to dissolve the Agreement, if:
- CUSTOMER fails to fulfill its obligations under the Agreement, or fails to do so in full or on time;
- After conclusion of the Agreement, ZOMRO has become aware of certain information; or
- Has good reason to believe that CUSTOMER will not be able to fulfill its obligations.
Upon termination or expiration of the Agreement:
- ZOMRO shall cease to provide all Services;
- ZOMRO shall be entitled to erase and delete all of CUSTOMER's data from ZOMRO’s equipment; and
- ZOMRO shall be entitled to make the equipment available for use by other customers.
- 3.5. The competent courts of the Netherlands shall have exclusive jurisdiction to hear and determine any suit, action, or proceedings, and to settle any disputes which may arise out of, or in connection with, the Agreement or other agreements or other legal relationships resulting therefrom.
- 3.6. These TOS can be sent by ZOMRO on request to CUSTOMER. The TOS can also be consulted and stored by means of the ZOMRO website.
- 3.7. The most recently filed version of these Conditions will apply or, as the case may be, the version applicable when the CUSTOMER'S legal relationship with ZOMRO began applies.
- 3.8. ZOMRO is entitled to unilaterally amend (part of) the Agreement and its supporting documentation. Such amendment also applies to existing Services, unless ZOMRO states otherwise. The amendment comes into effect on the date of an announcement or on a later date as stated in the announcement.
- 3.9. ZOMRO retains the right to suspend the robot account if the user remains inactive for more than 12 months.
4. DOMAIN NAME REGISTRATION AND TRANSFER RULES
- 4.1. ZOMRO provides the CUSTOMER the opportunity to register, renew, and transfer domain names, both in favor of ZOMRO and in favor of third parties.
- 4.2. All operations with domain names, including payment, are carried out using an automated system in each personal account.
- 4.3. Registration of domain names involves obtaining personal information about the potential owner of the rights to the domain name. Additionally, user’s identification data may be published in public sources (e.g., WHOIS databases).
- 4.4. Transfer of rights to a domain name or transfer of a domain name for management to another Registrar shall be performed only after an official letter is received from CUSTOMER. If a domain name is registered to a legal entity, a letter printed on the company’s letterhead with the company’s seal and signature of the senior manager is required to transfer the rights / domain name. If a domain name is registered to an individual, then copies of the first and second pages of the passport certifying CUSTOMER’s signature shall be provided together with the request for the transfer of rights / domain name. If ZOMRO is no longer able to provide Services to CUSTOMER, ZOMRO guarantees transfer of domain names to another Registrar with retention of user information and rights to each domain name.
- 4.5. All information provided by CUSTOMER to ZOMRO for domain name delegation shall be complete, valid, and accurate.
- 4.6. CUSTOMER shall immediately inform ZOMRO about any changes in the information provided in Clause 4.5.
- 4.7. CUSTOMER agrees that they understand the purpose of collecting, storing, and publishing the information provided by CUSTOMER to ZOMRO and necessary for the domain name delegation process, as well as understanding that such information will be publicly available, in real time, via WHOIS or a similar service.
- 4.8. CUSTOMER agrees that neither ZOMRO, nor the Administrator, nor the Registrar are liable for the consequences of using or misusing domain names by CUSTOMER, including usage by third parties or in cases when CUSTOMER violates the rights of third parties.
5. USE OF SERVICES
- 5.1. It is prohibited to engage in brute-force attacks, port scanning, spam (scripts intended for sending messages to forums, chat rooms, feedback forms, e-mail, etc.), support hacking, cracking, phishing, and other illegal Internet activities.
- 5.2. Storage of any types of computer viruses in provided disk space is prohibited.
- 5.3. Cryptocurrency mining is prohibited.
- 5.4. When ordering a Service with a test or trial period, ZOMRO reserves the right to stop providing the Services and to delete the server in the case of any inactivity by CUSTOMER.
- 5.5. VPNs and proxies can only be hosted for personal use. Hosting a public or commercial VPN/proxy is strictly prohibited.
- 5.6. VDS/VPS virtual dedicated server may not be used for DDoS attacks or other malicious intents, as well as actions prohibited by the Netherlands' laws.
- 5.7. CUSTOMER agrees that it understands the purpose of collecting, storing, and publishing the information provided by CUSTOMER to ZOMRO and necessary for the domain name delegation process, as well as that such information may be publicly available, in real time, via WHOIS or a similar service.
- 5.8. ZOMRO reserves the right to limit channel speed down to 10-30 Mbit/s or block the server in case of high network activity for a long period of time, which causes network equipment load to exceed 90%.
- 5.9. Websites located on shared hosting servers that exceed the maximum acceptable load can be blocked if the situation is not resolved with CUSTOMER for the better (changing the plan to a higher one, moving to VDS/Dedicated, or deleting/optimizing scripts which cause heavy loads).
- 5.10. ZOMRO reserves the right to restrict or block a virtual server in case of a long period processor overload higher than 90%, which leads to an overload of the server equipment, if CUSTOMER is unable to change the situation for better (changing the package plan for a higher one, switching to a dedicated server, optimization or deleting the scripts which cause the overload).
- 5.11. All incoming complaints are redirected to CUSTOMER and a term for a response is set. If a server has been suspended due to a violation complaint and there was no reaction to resolve it within 7 days, ZOMRO is entitled to free up or delete the server.
- 5.12. ZOMRO is entitled to refuse provision to CUSTOMER with services if, due to ZOMRO’s estimates, CUSTOMER's content or software performs illegal, indecent, threatening actions, or, in any way, violates the TOS. Moreover, a service access may be restricted, it may be suspended or deleted from ZOMRO’s equipment, and CUSTOMER will be notified.
- 5.13. It is forbidden to stream materials protected by copyright (TV broadcasts, IPTV, live broadcasts, sport events) without the appropriate permission from the copyright holder.
- 5.14. It is prohibited to host online casinos, slot machines, and any gambling games without the relevant Kansspelautoriteit (KSA) license.
- 5.15. It is prohibited to create two or more accounts for one owner in order to circumvent the bans.
6. MISCELLANEOUS CLAUSES
- 6.1. In compliance with the relevant Data Protection Legislation, CUSTOMER’s Personal Data is confidential.
- 6.2. ZOMRO reserves the right to suspend the Services and may suspend CUSTOMER’s right to access to the Service in order to perform maintenance.
- 6.3. CUSTOMER acknowledges that ZOMRO will, from time to time, need to perform (emergency) maintenance in order to ensure a proper performance of the network, data centre, and the Services, and that such maintenance may affect the provision of the Services to CUSTOMER.
- 6.4. ZOMRO reserves the right to relocate the Services as well as the right to (temporarily) suspend the Services in connection with such relocation.
- 6.5. ZOMRO does not guarantee any service availability and does not guarantee that the proposed software or any other materials do not contain system errors. ZOMRO shall undertake all reasonable efforts and measures to prevent this.
- 6.6. ZOMRO shall not be liable for direct or indirect losses caused to CUSTOMER as a result of the use or inability to use Services, or losses incurred as a result of errors, omissions, downtimes, deletion of files, defects, delays in data processing or transfer, feature changes, and other reasons. ZOMRO does not guarantee acceptance of CUSTOMER’s email from remote networks, or determine which IPs are black-listed and ignored by ZOMRO’s email client.
- 6.7. ZOMRO is not liable for the quality of public communication channels which are used to access the Services.
- 6.8. CUSTOMER assumes full liability and risks related to Internet use by the Services, including the liability for assessing accuracy, completeness and usefulness of any opinions, ideas, and any other information, as well as the quality and properties of products and services distributed on the Internet and provided to CUSTOMER through the Services.
- 6.9. CUSTOMER is fully responsible for security of its password and for losses that may arise due to its unauthorized use. Upon login and password theft through the fault of a third party, CUSTOMER has the right to send a request to ZOMRO to change the login and password with a mandatory attachment of the relevant financial document confirming payment for the Services. ZOMRO shall not be liable for the actions of third parties resulting in theft, and CUSTOMER shall inquire with the relevant investigation and law enforcement agencies to reimburse the money spent during the period in which it was stolen.
- 6.10. ZOMRO is not responsible for notifying any third party about stopping access to the Services for CUSTOMER and for possible consequences resulting from the absence of such a warning.
- 6.11. ZOMRO fulfils CUSTOMER’s requests sent only from CUSTOMER’s contact email or from the service area (billing account) on ZOMRO’s official website. The email address specified during registration on ZOMRO’s official website is considered the contact email. CUSTOMER can request changing the contact email in the registration database from the service area (personal account) on ZOMRO’s official website.
- 6.12. In exceptional cases, CUSTOMER verification may be required by confirming the account phone number with the help of an incoming call from our operator or robot at the final stage of order placement after payment is made.
- 6.13. All information about the payer provided by CUSTOMER to ZOMRO must be complete, reliable, and accurate.
- 6.14. The CUSTOMER warrants that the cryptocurrency with which they make the payment to ZOMRO is of legal and legitimate origin, freely traded and transferred, and has no connection with criminal activity, money laundering, or terrorist financing.
- 7.1. If CUSTOMER declines the Services provided within 30 days from the starting date of using the Services, ZOMRO shall undertake actions to refund the unused funds, granted the account is not blocked for violation of the TOS, and a domain name, software license, or server rent is not ordered. Otherwise, ZOMRO shall not refund any unused funds.
- 7.2. In case of refund, discounts are taken into account if activated when paying for the Services, i.e., only the actual paid amount is returned (without bonuses, etc.). The cost of installation, control panels, prepayment, and basic fee for IP addresses and DNS service for hosting and reselling, domain names, administration, additional HDD, and other Services are not refundable. Only VDS is eligible for refund.
- 7.3. Refunds are made within 30 days using the method chosen by ZOMRO.
- 7.4. Any third-party payment (gateway) or transaction fee is also deducted from the refund amount.
- 7.5. If, through the refunded client fault, ZOMRO incurs losses (disabled servers, networks, IP blacklisting, etc.) the amount of costs, dependent on each specific case, is deducted from the refunded amount.
- 7.6. No refund is made if Services are blocked due to violations of this TOS, including:
No refund is made if a Service disruption is caused by an Excluded Event: Force Majeure.
- Force Majeure;
- An act of CUSTOMER, its employees, end-users, or contractors;
- Any failure of CUSTOMER-controlled environments;
- Tests, maintenance or relocation;
- A suspension of Services in accordance with the TOS;
- Any exercise by ZOMRO of its rights under the Agreement;
- Any use of the Service in breach of the Agreement;
- The failure by CUSTOMER to implement recommendations or solutions advised or made available by ZOMRO;
- Any incorrect or unauthorized use of the Service, or the use of the Service for a purpose for which it was not designed;
- Denial-of-Service (DoS) attacks or Distributed-Denial-of-Service (DDoS) attacks by a third-party;
- Any interaction between the Service and any other third-party software, hardware, or service.
- 7.8. No refund is made if the payment was made using cryptocurrency, PayPalych or Enot, due to the peculiarities of the payment system.
8. GOVERNING LAW AND CONDITIONS
- 8.1. All agreements between CUSTOMER and ZOMRO are governed by the laws of the Netherlands.
- 8.2. The competent courts of the Netherlands shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of, or in connection with, the Agreement or other agreements or other legal relationships resulting therefrom.
- 8.3. These TOS can be sent by ZOMRO to CUSTOMER on request. The TOS can also be consulted and stored by means of ZOMRO's website.
- 8.4. The most recently-filed version of these Conditions will apply or, as the case may be, the version applicable when the legal relationship with ZOMRO began applies.
- 8.5. ZOMRO is entitled to unilaterally amend (part of) the Agreement and its supporting documentation. Such amendment also applies to existing Services, unless ZOMRO states otherwise. The amendment comes into effect on the date of an announcement or on a later date as stated in the announcement.