TERMS AND CONDITIONS OF USE OF COMBOX MULTI-WAN SERVICES
1.1. The Company: Protonyx Data Services S.A., the registered office of which is at 550 Vouliagmenis Avenue, Alimos 174 56, or its authorized reseller.
1.2. The Client: The natural person or legal entity that desires to lease the services provided by the Company, as they are every time defined and published on the official website of comBOX Multi-Wan Services http://www.combox.gr , or in the relative Offers.
1.3. The Offer: The document, electronic or not, which includes the provided services by the Company and their cost, and has been accepted by the Client without reservation.
1.4. The Agreement: The provided services by the Company, after the unreserved acceptance of the Offer and its terms and conditions, the Terms and Conditions of Service Use and the Acceptable Use Policy, by the Client.
1.5. The Equipment: The specific networking equipment with which the Client is provided as well as the software included therein, is necessary in order for the Client to obtain access to the services of the Company.
1.6. Request Administration System: It is a special system of the Company for the registration and the satisfaction of the Client’s support requests, which can be accessed by Internet.
2. PROVIDING OF SERVICES
2.1. The Company promises to provide the Client with the services that are thoroughly described in the Offer. The characteristics of the Offer in question, and consequently the services the Company provides the Client with, can change to this effect, following a relevant request made by the Client as well as a written agreement with the Company, according to the needs and the demands of the contracting parties.
2.2. The Company is obliged to provide the Client with the Equipment by which the providing of its services can take place, as well as installation and maintenance services for the software included therein.
3.1 The duration of the provided services as well as the time period of their pricing is defined in the Offer with effect from the date of the activation of the service by the Company on behalf of the Client. After the completion of the contractual time and as long as what was agreed is firmly complied with, and as long as the Agreement is not terminated by the contracting parties for whichever reason, its effect will be automatically renewed for another thirty (30) days. The Agreement may be renewed in that manner impertinently. The Company, however, always reserves the right to readjust the prices of the provided services, about which its Client will be informed in a considerable time period.
3.2. Whichever the case or time may be, the Company keeps the discretion to renegotiate the Agreement, fully or partly, after a written notification of the Client. In case the negotiations for the amendment of the terms and conditions of the Agreement do not succeed within thirty (30) days, the contracting parties maintain their right to terminate the Agreement without prejudice.
3.3. In case it is not otherwise stated in the Offer, the least duration of the providing of the services provided by the Company to the Client, is set to be thirty (30) days.
4. LEASE PAYMENT
4.1. The lease payment for the provided services totals to the amount agreed in the Offer and which will be payable as it is defined in the terms and conditions of the Offer and always according to the pricing cycle of the Company, based on which the respective proof of payment will be issued.
4.2. In case the Client wishes to increase the number of the provided services, to add further characteristics or expand the existing ones in the provided or in new services, the current pricelist of the Company applies and the lease payment is accordingly readjusted, unless there is a more recent binding Offer. Possible differentiations in pricing, for instance increases in resources or additional services during the prepaid period, are always estimated within thirty (30) days at the latest, regardless of the duration of
the pricing cycle of the Client’s services that has been agreed in the Offer. The Company will inform the Client about the above by any appropriate means, electronic or not.
4.3. In case a disagreement arises as far as the price of the lease payment amount for the provided services is concerned, the most recently dated offer will always overrule the existing pricelist.
4.4. The charges that have not been contested within a time period of ten (10) days are considered to be accurate and accepted by the Client. In case it results that there was a higher charge than the contractual one, the surplus amount will be credited at the Client’s card at the next charge.
5. OBLIGATIONS OF THE COMPANY
5.1. The Company makes all possible efforts for the proper function of its network, its infrastructures and the Equipments it has provided its Clients with, and it is obliged to accommodate possible impairments and proceed to their timely restoration. In the uncommon case of any impairment, the Company is only liable for the incident of malice aforethought or gross negligence and up to an amount that cannot exceed one (1) monthly lease, not including taxes, which will be exclusively provided in the form of credit for provided services to the Client.
5.2. The Company carries out maintenance work and system control from time to time and this is the reason why it is possible for a scheduled downtime to exist, that is a predefined non-functional time period. The Client will be informed, under ordinary conditions, about the kind of maintenance, the estimation of the services affected and the restoration time by electronic or other appropriate means, at least twenty-four (24) hours before the performance of the above actions, not including the cases of force
majeure or extraordinary maintenance. The Company will make every possible effort to carry out the maintenance work on days and at time that will disturb the Client’s work as little as possible, however it does not guarantee that such thing can be done all the time and for each Client separately.
5.3. The Company provides a guaranteed time period of 99% normal function of its network and its infrastructures through which it provides its Clients with its services. The abovementioned percentage includes, but is not limited to: (a) scheduled maintenance work, (b) force majeure, (c) natural disasters, (d) liability of third parties, (e) hardware failure or electrical power cut of the equipment, (f) Client’s liability, (g) cessation of the Client’s services, (h) impossibility or error of network connection outside the network of the COMPANY or malfunction of all the available individual connections for Internet access, to which the Client has subscribed, (i) breach of the Terms and Conditions of Use of Services by the Client, (j) malicious actions, Internet attacks or sabotage, (k) brief incidents of instability of services, the non-availability lasting less than five (5) minutes per incident.
5.4. The Company is obliged to take all necessary measures for the direct restoration of possible malfunctions reported by the Client in the use of Equipment and services provided, following a respective notice by the Client through the Request Administration System, as long as the Client uses the services as well as the Equipment according to the terms and conditions of the present and the Acceptable Use Policy, and the technical or functional problem is due to the exclusive liability of the Company.
5.5. The Company is obliged to resolve possible problems of the Equipment and, consequently, of the provided services through the Request Administration System or through telephone communication between the Company and the Client or through remote Internet access to the Equipment.
5.6. In case the restoration of possible malfunctions of the Equipment is not considered possible in the above manner by the Company, the Company will be allowed to ask the transport of the Equipment to its premises in order to repair it. During the interim between the reception and the repair of the Equipment, the Company ought to provide the Client with spare Equipment for the function of the provided service.
5.7. The Company is obliged to distribute the fixing updates of the software Equipment that supports the provided service for free.
5.8. The Company does not intervene in systems and equipments that do not relate to the Equipment and cannot guarantee their functionality after the installation of the Equipment at the Client’s infrastructures.
5.9. The Company is bound by the legislation in force regarding the privacy of the communications realized through its network, as well as regarding the protection of personal data it has acquired by the Client.
5.10. The Company reserves its right to modify the provided services and products as well as its pricelist; it is, however, obliged to inform the Client in time.
5.11. The Company, despite its regard for the uninterrupted provision of the agreed services, cannot guarantee the complete absence of interruptions, errors or issues related to security, when it comes to force majeure. The Client acknowledges that there are dangers associated with the Internet connection that could result in breach of privacy, confidential information and/or property, as well as in loss of data. The Company has no obligation to provide other additional security services than what is explicitly stated
in the present, in the Agreement or in the Offer that the Client has accepted. The Company renounces whichever warrantee does not explicitly refer to the present or to the terms and conditions that the Client has accepted, including tacit warranties of merchantability, suitability for specific purpose and non-breach. The Client is exclusively the sole responsible for the suitability of the service chosen.
5.12. In case it is not explicitly mentioned otherwise in written, every financial Offer issued for the Client is valid for at least fifteen (15) calendar days.
5.13. The Company’s giving IP addresses to its Client is only valid for the time period during which the service offered lasts. The Company reserves its right to give afresh the IP addresses to other Clients after the termination of the service or after a time period agreed in advance.
6. OBLIGATIONS OF THE CLIENT
6.1. The Client ought to provide for taking all necessary measures in order to ensure the unencumbered function of their service, as well as to comply with the security standards that are each time set by the Company.
6.2. In case the Client wishes to lease further services of the Company, the latter has to be informed in written and it is obliged to answer within a time period of thirty (30) days as of the date of the notice in written. In case there are Client’s outstanding bills, the Company reserves the right to reject the request for any or even all further services.
6.3. The Client must compensate the Company in case they, a partner, an assignee, a proxy or delegate of them, cause damage to whichever accompanying or not software, equipment and /or hardware of the Company through the use of its service.
6.4. The Client is obliged to comply with the legislation in force and is explicitly not allowed to use the provided Equipment and/or the provided service in order to perform any illegal actions that violate the Greek or European legislation, whichever international treaties, good morals and trade conventions in general. In case the Client uses the Equipment provided and/or the service provided in order to directly or indirectly perform offences, the Company, bears no responsibility for any possible damage caused to third parties, and a claim of the Company against the Client for whichever damage, material or moral, has been caused by the Client’s illegal activity, is also possible.
6.5. The Client must correspond in written by any appropriate means to written or electronic requests of the Company within three (3) days, regarding issues of the authorities or any third parties, as well as to requests regarding the services provided by the Company in general.
6.6. The Client assumes the obligation to have a Project Manager who will bear the total responsibility of communication between the Company and the Client, and who will be made known to the Company in written.
6.7. The Client is obliged, as long as it is required, and following a communication with the Company, to admit authorized representatives of the Company in their registered office as well as their access to the Equipment that is installed there, in order for them to carry out installation, update, maintenance or repair work, as well as any other necessary actions for the proper execution of the Agreement. The Client is liable to the Company and ought to have ensured the necessary precedent consent of third parties as far as the above are concerned, in case third parties refuse to carry out the abovementioned work in the Client’s facilities or in a shared place. In case entry is refused, the Company bears no responsibility for as much time as the unavailability of the Service lasts because of inability to access the place.
6.8. The Client is obliged to allow the Company the remote Internet access to the Equipment delivered throughout the period of the provided service, in order to ensure the proper function of the service.
6.9. The Client is obliged to check for the proper function of the internal network. This part of the network belongs to the Client, who is exclusively responsible for the repair of impairments therein.
6.10. The Client is obliged to keep the individual connections to the Internet (telecommunication infrastructures of third providers) that are necessary for the function of the service provided and is exclusively responsible for them.
6.11. The Client must inform in time and in written the Company about any non-authorized use of the services provided by the Company, or any other breach or even suspicion, concerning security issues or leak of confidential information that concerns the logical access of the Client to the services provided by the Company.
6.12. In case the services are not paid for within the arranged period of time that is mentioned in the Offer or the Agreement, the Company reserves its right to terminate the Agreement, according to the relevant terms and conditions of chapter eight (§8) “TERMINATION OF AGREEMENT” that are described in the present, as well as to interrupt the services towards the Client without any precedent notice.
6.13. The Client is obliged to inform the Company in written about any change in their tax or contact information, including the addresses for the dispatch of invoicing information.
6.14. The Client states that they accept and ought to firmly comply with the Terms and Conditions of Service Use, as well as the Acceptable Use Policy of the Company. The relative texts are always posted and updated on the official website of comBOX Multi-Wan Services and their content may change without notice.
6.15. The Client states being over 18 years of age if acting as a person, or being legally authorized and assigned to do so, as necessary, if acting on behalf of any company. For this purpose, the Client ought to submit by any appropriate means all the documents that could be possibly asked by the Company in order to identify their information, being bound at the same time for their accuracy.
6.16. The Client is obliged to change all the initial passwords that are given by the Company at the activation of the services and the use of the Equipment, for security reasons. The Client is also obliged to change passwords if they are revealed to any third parties for whichever reason, including the staff of the Company. Whichever the case may be, the Client is the sole exclusive responsible for the safe keeping of passwords and their preventive change from time to time for security reasons.
6.17. The Client is not allowed to use the Equipment, the provided services and the resources offered by the Company in a manner that generally affects the proper function of the material-technical infrastructure of the Company, its network, its further infrastructures, the services with which it provides other clients or third party services. The use of applications of “high risk” that can monopolize any shared resources or cause DDoS (Distributed Denial of Service Attacks), internal or external, is definitely not allowed. In such cases, the Company reserves, at its discretion, the right to: (a) demand or directly proceed to the termination of those services, (b) limit the resources provided to the Client, (c) to refuse and directly terminate the services, even without any precedent notice, especially in force majeure cases.
7. EXTENT OF RESPONSIBILITY
7.1. The Terms and Conditions of Service Use as well as the applicable service levels do not apply for any issue of providing or availability which (a) is due to factors outside the reasonable control spectrum of the Company, (b) has resulted from the hardware or the software of the Client or any other third party, (c)
has resulted from actions or omissions of the Client or any other third party, (d) is attributed to any action or omission of the Client or any other employee, representative, commissionaire, supplier or any other person that has access to the services of the Company through the Client’s passwords, or (e) has resulted during the use of beta services and/or demo as they are defined by the Company.
7.2. The Company provides for the normal function of the Equipment and the services provided, but it bears no responsibility for lost future gains or earnings or any other damage of the Client. In the case of exclusive responsibility of the Company, that responsibility does not exceed the amount of its fee during the last thirty (30) of service providing.
7.3. The Company bears no responsibility for whichever damage may be caused in case of non-availability of the network or the Equipment and does not guarantee that the provided service will be uninterrupted or that an error will not occur because of the special nature of the Internet and the networks through which the information is distributed.
7.4. The contracting parties agree that the quality of the services provided depends on the quality of the individual connections to the Internet that the Client has in their facilities. The Company bears no responsibility for problems concerning the speed, the quality and the availability of the individual connections to the Internet to which the Client has subscribed.
7.5. The Client ought to make good use of the Equipment according to the Terms and Conditions of Service Use and the Acceptable Use Policy. The Company bears no responsibility for any damage that might be caused because of bad or incorrect use of the Equipment.
7.6. The Client agrees on the fact that the IP addresses they have been given are exclusively addressed to them throughout the whole period of the provided service.
7.7. The Company does not control the information that circulates through its network and the network infrastructures it maintains, and moreover it does not guarantee the reliability of whichever information appears on the internet through or due to its services. Furthermore, it does not guarantee the commercial or personal credibility of whoever appears on the internet or the fulfillment of any specific promises/Offers coming from third parties and bears no responsibility for any damages that might occur to the Client or to those who trade with them, including data loss, because of delays, failure of delivery of goods or interruption of services due to any reason, mistake or omission.
7.8. The Company bears no responsibility for the security, the quality, the availability and the adequacy of the networks to which the Client will have access through the service provided by the Company.
7.9. The Client agrees to the compensation of the Company for whichever damage, including the reasonable attorney fees, resulting from whichever case or claim made by any third party against the Company or the Client because of the activities or services or further actions of the Client or contents and information circulated through the internet infrastructures of the Company with the Client’s liability and in violation of the Terms and Conditions of Service Use and the Acceptable Use Policy.
8. TERMINATION OF AGREEMENT
8.1. The Company reserves the right to terminate the Agreement in case the Client has not paid the lease amount as it is each time set.
8.2. In case the agreed lease amount is not paid or any terms and conditions of the present are not complied with, the Company reserves its right to temporarily interrupt, without notice, the services with which it provides the Client. After the lapse of five (5) calendar days, the Company reserves the right to proceed to the final interruption of its services towards the Client, deleting the reserved space and, thus, all the files and settings of the Client, including the backup data files and the reserved IP addresses. If the Client pays the amount due in time after the final interruption of services, then the Company ought to reactivate the Client’s services, only if it has not proceeded to the deletion of the relevant files. The time period during which the Client’s service has been interrupted is considered as normal function time, however, the Client is not entitled to any compensation for this period.
8.3. The Company reserves the right to proceed, without notice, to the final interruption of the services it provides, in case the Client uses them once or more times in order to directly or indirectly perform illegal actions and/or activities (including but not limited to: fraud, breach of the legislation about copyright, etc.).
8.4. The Company reserves the right to terminate the Agreement without prejudice, in case the Client breaches any term or condition of the Acceptable Use Policy. The termination of the Agreement according to the terms and conditions of this paragraph, does not exclude the right of the Company to terminate it according to other provisions or to claim compensation or to exercise its rights.
8.5. The Company reserves the right to terminate the Agreement without prejudice and interrupt the service providing in case it is found that mistaken or stolen data were used during the period of the Agreement.
8.6. The Client reserves the right, if not wishing the continuance of the provided service, to terminate the Agreement thirty (30) days before the lapse of its contractual time. In case the Client has entered a fixed-term agreement (12-month, 24-month, etc.) and terminates unjustifiably the agreement before the completion of its initial contractual time, will be obliged to pay the remaining lease amounts to the Company, unless something different has been agreed between them in the Offer/Agreement.
8.7. The termination does not exempt any contracting party from the fulfillment of their obligations or from the disbursement of any amounts that are considered as overdue or are to be considered as overdue by the termination.
8.8. The Agreement is terminated by the law in case one of the contracting parties is declared in situation of bankruptcy, special liquidation or compulsory administration of property. If the Client gets in one of the abovementioned situations, the Company must be informed without delay.
9. SETTLEMENT OF DISPUTES – JURISDICTION
9.1. The contracting parties agree that regarding whichever dispute arises between them in relation with the Agreement, the Courts of Athens will be competent and the Greek law will be applicable.
10.1. The Client is explicitly not allowed to reveal or arrogate any information relevant to copyright, professional privacy, patents, database rights, confidential information -patented or not- or know-how, which may come to their attention during the cooperation with the Company and/or the use of its provided services.
10.2. Protonyx Data Services S.A. states that it is the exclusive owner of all copyrights and further rights as far as segments of the software that are installed at the Equipment are concerned, and that it has the exclusive authority to proceed to the providing of services that are described in the present with the use of the Equipment.
10.3. The Client is bound that neither will they disseminate any confidential information regarding Protonyx Data Services S.A., copy the Equipment or any of its parts, nor will they attempt to create similar products based on functional characteristics of the applications, of which they will be aware in the context of their cooperation with the Company, whether they became aware of such information willingly or not.
10.4. The right to use the Equipment and the software given by the Company is not exclusive. The Client does not acquire any ownership right or any other relevant right regarding the software of the Company. The ideas and the expressions of what is included in Equipment form confidential information and exclusive property of Protonyx Data Services S.A.
10.5. The Client explicitly states that the use of the service is exclusively intended for own use. The Client must not reveal, dispose, transfer, or cede in any manner the Equipment or any of its parts to third parties.
10.6. The Client is not allowed to proceed to reverse engineering of the software of the Equipment, to adjust, translate, analyze, dismantle or create deriving products. Moreover, any intervention of the Client in the files of the Equipment is not allowed.
11. FORCE MAJEURE
11.1. The contracting parties are not responsible for the partial or complete failure to fulfill their obligations as per the agreement, when that is because of force majeure.
11.2. As force majeure conditions are considered those that arise after signing the agreement, as results of facts that cannot be predicted or prevented, even if special care has been taken to this respect, they are extraordinary and beyond the control of the contracting parties. In case of strikes that last more than
three (3) working days, the time limit for the fulfillment of obligations will be postponed to the termination of the strike for both sides.
11.3. The contracting party that is not able to fulfill its contractual obligations because of force majeure immediately sends a written notice to the other contracting party, which will include as many details as possible concerning that fact. Non-written denial of the reasons of force majeure for a time period longer than thirty (30) days will, by law, constitute their acceptance.
12. FURTHER PROVISIONS
12.1 All terms and conditions in the present are considered as substantial. Any ineffectuality of one or more terms or conditions does not affect the validity of the remaining agreed issues, and in case there is a possible invalid term or condition it will be replaced with others that will represent the true intention of the contracting parties.