General Terms of Services
1. Services we provide to you
LparBox provides Cloud Services or any other type of Services to you based on their description on the corresponding pages on www.lparbox.com. Certain aspects of the Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you may not terminate these GTS based on such a change, even if it materially affects the Service. In case of a material change, that can be foreseen in an adequate period of time, we will do all reasonable efforts to inform you for such a change by using the most actual contact information you are providing us.
2. Contact Information
You are required to provide us with accurate information when setting up your account, during the purchase of our Services, and when corresponding with us. Sometimes, we may need to communicate with you by e-mail about the Service. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.
The entity set out in our records is considered by us to be our customer. If you are consigning the Service to another entity or end user(s), it is your obligation to ensure that our records accurately reflect the contact information and that you keep track of the correspondence between us and you.
The initial term for each order begins on the date we make the Services available for your use and shall continue in effect until the Service agreement has been terminated by either party as provided hereunder. Please note, it may take up to fourteen (14) days for LparBox to process the notice of termination. During such time you will not have access to the Services. LparBox may, but shall not be required to, maintain the data that you have stored on the LparBox Cloud system for the fourteen (14) day period at no additional fee to you. For avoidance of doubt these GTS, excluding the service level agreement, shall continue to apply during such period.
You are responsible for the fees, taxes and charges set out on the service-specific page. You will be charged with the fees and taxes stated in your order and no additional fees will be charged by us for the Service as it is stated in your order. In order to proceed with your payment, during the process of ordering any of our Services, you will be redirected to a secure payment processor website. We will not ask you to enter credit card or account information on any of our websites, neither by means of web forms, nor e-mail or any other way of correspondence.
Our obligation to provide the Service is contingent on your payment of the Fees. You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. Should the Service be suspended, for any reason, Fees will continue to accrue.
You may choose to purchase additional services that are not included in the initial Service you already have ordered through www.lparbox.com. Additional services may be billed separately from the initial Service. Fees for the Additional services may not be billed on the month on which they are delivered. You agree to pay for these Additional services regardless of the length of time elapsed between their delivery date and the date on which you are charged.
5. Taxes on Services
We reserve the right to immediately suspend the Service and/or terminate these GTS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights, nor will you receive a refund of any Fees.
7. Use of the Services
You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.
Upon termination or expiration, your account will be closed. We have no responsibility to maintain, back-up and/or sending the data that you have stored on the LparBox Cloud system, for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to move the data from your logical partition on the LparBox Cloud system to anywhere else.
8. Licenses and Intellectual Property
8.1. License from LparBox.com to you
LparBox.com grants to you a non-exclusive, non-transferable, worldwide, free license to use technology provided by LparBox.com solely to access and use the Service. This license terminates on the expiration or termination of these GTS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in LparBox.com's technology shall remain with LparBox.com or LparBox.com's licensors. You are not permitted to circumvent any devices designed to protect LparBox.com's, or its licensor's, ownership interests in the technology provided to you.
8.2. Licenses from you to LparBox.com
We may use information you provide to us for technical support, implementation, operation or administration of the Service (“Operational Information”). Operational Information, as well as aggregate information gleaned from the operation of our business in general, will be used to improve, or create new products and services. We shall be the exclusive owners of the resulting intellectual property. You waive any rights you may have in this intellectual property, and assign all right, title and interest in it to us and agree to cooperate with us to secure our rights.
You grant LparBox.com, and any third parties used by LparBox.com to provide the Service, a non-exclusive, non-transferable, worldwide, free license to use, transmit and cache content, technology and information provided by you in conjunction with the Service. This license terminates on the expiration or termination of these GTS. All right, title and interest in your technology shall remain with you or your licensors.
9. Your Representations and Warranty
You represent and warrant to LparBox.com that: (i) you have the experience and knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service; (iv) that in entering into these GTS, and performing the obligations set out in it, you will not violate any applicable laws and regulations; (v) that you will make back-up copies of your data even if you purchase "back-up" services from LparBox.com; and/or (vi) that you will pass through the terms of our Acceptable Use Policy to End Users.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. LPARBOX.COM HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. LPARBOX.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. LPARBOX.COM IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICE PROVIDED BY US. LPARBOX.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY LPARBOX.COM. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO LPARBOX.COM SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM LPARBOX.COM, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
11. Limitation of Liability
You agree that LparBox.com has no liability, whatsoever, for (i) content that you or an End User access from the Internet; and/or (ii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content, transmitted, received, or stored on our system.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD LPARBOX.COM OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF LPARBOX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. General Provisions
12.1. Force Majeure
Neither of us will be in breach of the GTS or any of the service-specific terms and/or agreements if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
12.2. Disputes, Choice of Law and Jurisdiction
We will do any reasonable efforts to settle any dispute between us and customers in a good manner and with good will. If a dispute cannot be resolved in a satisfactory way between us and the customers, it will be brought to the relevant courts and jurisdictions. Notwithstanding, these GTS are governed by Bulgarian law and each of us expressly and unconditionally submits to the exclusive jurisdiction of the courts in the Republic of Bulgaria.
12.3. Changes to the Terms on Website
These GTS may have been incorporated in your order by reference to a page on LparBox.com website. Although we may from time to time revise the Terms of Service posted on that page, those revisions will not be effective as to an order that we accepted prior to the date we posted the revision, and your order will continue to be governed by the Terms of Service posted on the effective date of the order. However, any amended Terms of Service will become effective on the first day of the renewal period that follows the date that the new Terms of Service were posted. In addition, if over time you sign multiple orders for a single account, then the Terms of Service incorporated in the latest order posted on the effective date of the latest order will govern the entire account.
These GTS were last updated on 01 August 2012.