General Terms and Conditions of 100TB Hosting Sverige AB
Effective Date: 2024-11-01
Company Information
100TB Hosting Sverige AB
Corporate ID: 556816-6499
Box 349, 631 05 Eskilstuna, Sweden
Website: www.simvoyager.com
Email: contact@simvoyager.com
1. General Overview
1.1 Scope
These General Terms and Conditions apply when 100TB Hosting Sverige AB (“100TB Hosting”) provides hosting services to consumers and businesses (the “Customer”). The services include web hosting, cloud solutions, dedicated hosting, and other relevant hosting and data storage services. Specific service details are provided in the individual agreements between 100TB Hosting and the Customer, as well as in the service descriptions available on www.simvoyager.com.
1.2 Agreement Formation
An agreement between 100TB Hosting and the Customer (“Agreement”) is established when 100TB Hosting confirms the Customer’s order, or when the Customer begins using the service provided by 100TB Hosting. The Agreement includes the order confirmation, service description, and current price list.
1.3 Right of Withdrawal
If the Agreement is established at a distance, such as via online or telephone order, the Customer is entitled to a right of withdrawal in accordance with the Swedish Distance and Doorstep Sales Act (2005:59). Details of this right will be provided to the Customer upon confirmation of the order.
2. Provision of Services
2.1 Service Delivery
100TB Hosting provides services through a secured network and data center facilities owned or operated by 100TB Hosting or through third-party providers. Service location and accessibility are specified in the Agreement or service description.
2.2 Professional Standards and Development
100TB Hosting shall provide services professionally and per the Agreement. Continuous service development may involve adjustments to enhance quality, with minimal disruptions. If changes significantly impact performance, the Customer will be informed at least one (1) month in advance.
2.3 Subcontractors
100TB Hosting may engage subcontractors to fulfill obligations under the Agreement. In such cases, 100TB Hosting remains liable for the subcontractor’s performance.
2.4 Service Limitations
Due to network structure or technical restrictions, certain services or equipment may not be accessible in all locations. If the Customer’s service includes access to external networks, additional terms may apply.
3. Customer Rights and Responsibilities
3.1 Service Usage
The Customer agrees to use the service solely for lawful and intended purposes as per the Agreement. The Customer is responsible for ensuring their use of the service does not:
• Disrupt or damage 100TB Hosting’s network or third parties,
• Involve unauthorized mass communications or spam, or
• Infringe on intellectual property rights or violate any laws or regulations.
3.2 Account Security
The Customer shall securely store access credentials (username, passwords, etc.) provided by 100TB Hosting to prevent unauthorized access. 100TB Hosting reserves the right to update these credentials for operational or security reasons.
4. Payment Terms
4.1 Payment Obligations
The Customer must pay the fees per the current price list. Fees for fixed services begin from the date service access is provided. Payment methods are specified during the order process.
4.2 Late Payments
If payment is overdue, 100TB Hosting reserves the right to charge a late payment fee and statutory interest. In cases where payment issues remain unresolved, 100TB Hosting may suspend or limit the service.
4.3 Invoice and Currency
Payments must be made in the currency specified on the invoice. Payment is considered complete once received by 100TB Hosting. An invoice fee may apply, with changes notified to the Customer one (1) month in advance.
5. Liability and Limitation
5.1 Service Performance
100TB Hosting strives to maintain service availability per the Agreement. However, should a fault cause disruption, 100TB Hosting will address it within a reasonable timeframe. The Customer may be eligible for a service credit as specified in the service-level agreement (SLA).
5.2 Limitation of Liability
100TB Hosting’s liability is limited to direct damages caused by negligence. 100TB Hosting is not liable for indirect damages, such as lost profits, or third-party claims unless due to gross negligence or intentional misconduct.
5.3 Force Majeure
100TB Hosting shall not be liable for delays or service interruptions due to events outside its control, including but not limited to natural disasters, government actions, or labor disputes.
6. Amendments and Termination
6.1 Amendments to Terms
100TB Hosting may update these Terms and Conditions with prior notification to the Customer, taking effect no earlier than one (1) month from notification.
6.2 Termination by Customer
The Customer may terminate the Agreement with one (1) month’s notice. For fixed-term contracts, termination takes effect at the end of the fixed term unless otherwise specified.
6.3 Termination by 100TB Hosting
100TB Hosting reserves the right to terminate the Agreement immediately if the Customer breaches its obligations or if 100TB Hosting deems necessary for security or legal reasons.
6.4 Dispute Resolution
Any disputes arising from the Agreement shall be resolved in Swedish courts following Swedish law.
7. Service Maintenance and Troubleshooting
7.1 Service Interruptions
100TB Hosting may occasionally limit service availability for scheduled maintenance or necessary technical adjustments. In such cases, 100TB Hosting will make efforts to notify the Customer and minimize service disruptions.
7.2 Customer Support
The Customer should contact 100TB Hosting’s support team if any technical issues arise. 100TB Hosting is responsible for resolving faults caused by its own infrastructure or operations but not for issues related to third-party networks or the Customer’s equipment.
7.3 Fault Liability
If a fault arises from the Customer’s misuse, negligence, or third-party actions for whom the Customer is responsible, 100TB Hosting may charge the Customer for any resulting repair work.
8. Customer Use of Services and Equipment
8.1 Equipment Requirements
The Customer is responsible for having appropriate equipment and software to use the services provided. 100TB Hosting does not guarantee compatibility or quality if non-approved equipment is connected to the service.
8.2 Use of Hosting Resources
The Customer must adhere to 100TB Hosting’s Acceptable Use Policy, which restricts unauthorized activities such as:
• Excessive resource consumption outside standard use parameters,
• Use of services for illegal content or activity, or
• Activities that compromise network integrity, such as spreading malware or spam.
8.3 Security Codes and Access
Security codes and access credentials provided by 100TB Hosting must be securely stored. The Customer is responsible for any unauthorized use of the service if access is obtained due to improper security measures on their part.
8.4 Responsibility for Third-Party Access
If third-party access is permitted (e.g., sub-users or administrators), the Customer assumes full responsibility for their actions in connection with the service.
9. Payment Terms and Invoicing
9.1 Fees and Billing
All service fees are as per the Agreement and the current price list. Fixed recurring fees apply from the start of service provision, while usage-based fees are billed according to actual use.
9.2 Currency and Payment Methods
Payments are accepted in Swedish kronor (SEK) unless otherwise specified. Payment methods are defined in the Agreement, with additional fees applying for specific methods (e.g., invoicing fees).
9.3 Late Payments and Service Suspension
If the Customer fails to pay by the due date, 100TB Hosting reserves the right to charge late fees and suspend services until the outstanding balance is settled.
9.4 Monetary Limits and Security Deposits
For customers with high usage, 100TB Hosting may set a monetary usage limit. If necessary, the Customer may be asked to provide a deposit or prepayment to secure service continuity.
10. Amendments to Services or Terms
10.1 Service Modifications
100TB Hosting reserves the right to make changes to its services, provided they do not adversely impact the Customer’s usage beyond a minor extent. If major changes are necessary, 100TB Hosting will notify the Customer one (1) month in advance.
10.2 Changes to Terms and Conditions
100TB Hosting may revise these General Terms and Conditions. Significant changes will take effect only after prior notification to the Customer, allowing one (1) month for the Customer to accept or terminate the Agreement without penalty if the changes are unfavorable.
11. Liability and Limitation of Liability
11.1 Liability for Direct Damages
100TB Hosting’s liability is limited to direct damages incurred due to its negligence. This does not extend to indirect damages, such as business losses, lost revenue, or third-party claims, unless due to gross negligence or willful misconduct by 100TB Hosting.
11.2 Limitations and Exclusions
100TB Hosting is not responsible for:
• Loss or corruption of Customer data, unless explicitly provided for in a data backup service,
• Third-party actions or issues with external networks, and
• Service interruptions or quality issues arising from Customer equipment.
11.3 Force Majeure
100TB Hosting is not liable for delays or failure to perform its obligations due to causes beyond its control, including but not limited to natural disasters, governmental actions, labor disputes, or technical failures in third-party networks.
12. Complaints and Dispute Resolution
12.1 Complaint Process
If the Customer wishes to file a complaint, it must be submitted to 100TB Hosting’s customer service team as soon as the issue is identified. Complaints related to billing or service quality must be reported within a reasonable period.
12.2 Legal Disputes
Any disputes regarding the interpretation or application of this Agreement will be resolved under Swedish law and jurisdiction. The Customer may also take the matter to the Swedish National Board for Consumer Disputes (ARN) for a recommendation on dispute resolution.
13. Intellectual Property and Licensing
13.1 Rights to Software and Content
This Agreement does not transfer any intellectual property rights to the Customer. The Customer agrees not to copy, alter, or reverse-engineer any software or content provided by 100TB Hosting.
13.2 Third-Party Intellectual Property
The Customer is responsible for ensuring that any content hosted through 100TB Hosting’s services does not infringe on third-party intellectual property rights.
14. Agreement Transfer and Termination
14.1 Transfer of Agreement
The Customer may not transfer or assign this Agreement to a third party without prior written consent from 100TB Hosting. 100TB Hosting reserves the right to transfer its rights and obligations under the Agreement to another company within the same corporate group or a third party acquiring the business.
14.2 Termination by Customer
The Customer may terminate the Agreement with one (1) month’s notice. For fixed-term Agreements, termination will take effect at the end of the fixed term.
14.3 Termination by 100TB Hosting
100TB Hosting reserves the right to terminate the Agreement immediately if:
• The Customer breaches essential terms of the Agreement,
• The Customer engages in prohibited activities as defined in the Acceptable Use Policy, or
• Required by law or for security reasons.
15. Notifications and Contact Information
15.1 Customer Communication
100TB Hosting will provide important updates and notifications through the email address or contact method provided by the Customer. The Customer is responsible for keeping this contact information current.
15.2 Service Portal
The Customer may manage their account, view invoices, and make changes to services via the 100TB Hosting online portal.
16. Entry into Force
16.1 Effective Date
These General Terms and Conditions are effective as of [Insert Date] and apply to all new and existing Agreements from that date.
17. Customer Responsibilities
17.1 Adherence to Acceptable Use Policy
The Customer agrees to follow 100TB Hosting’s Acceptable Use Policy (AUP), which outlines permitted and prohibited activities on the platform. Prohibited actions include, but are not limited to, misuse of resources, illegal content, and activities that may disrupt service for other customers. The AUP is accessible on www.simvoyager.com and may be updated periodically.
17.2 Customer Data and Content Responsibility
The Customer is solely responsible for all data, applications, and content hosted on 100TB Hosting’s platform. The Customer must ensure that content complies with applicable laws and does not infringe on third-party rights. If a third party claims that hosted content is illegal, 100TB Hosting reserves the right to take appropriate action, including content removal and/or service suspension.
17.3 Data Backup
While 100TB Hosting may offer optional data backup services, the Customer is responsible for regularly backing up their data. In cases where the Customer opts not to use 100TB Hosting’s backup services, 100TB Hosting is not liable for data loss.
18. Data Privacy and Security
18.1 Data Processing
100TB Hosting handles personal data according to its Privacy Policy, which is available on www.simvoyager.com. The policy explains how 100TB Hosting collects, uses, and secures personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable laws.
18.2 Security Measures
100TB Hosting takes reasonable technical and organizational measures to secure customer data. However, the Customer acknowledges that absolute data security cannot be guaranteed, especially when hosted on shared resources.
18.3 Data Retention and Deletion
Upon termination of services, 100TB Hosting will retain customer data for a limited period as stated in the Privacy Policy. The Customer is advised to retrieve any necessary data before service termination, as 100TB Hosting may delete all data associated with the Customer’s account after this period.
19. Service-Level Agreement (SLA)
19.1 Uptime Commitment
100TB Hosting aims to provide a monthly uptime of at least 99.9% for its hosting services, subject to exclusions listed in the SLA. Downtime caused by scheduled maintenance or force majeure events is not included in the uptime calculation.
19.2 Service Credits
If 100TB Hosting fails to meet the uptime commitment, the Customer may be eligible for service credits, calculated based on the extent of downtime. Detailed terms of service credits are available in the SLA, which can be accessed on www.simvoyager.com.
19.3 Limitations
The SLA does not apply to outages caused by the Customer’s configuration errors, unsupported hardware or software, or third-party services.
20. Additional Terms for Specific Services
20.1 Managed Hosting
For customers opting for managed hosting services, 100TB Hosting provides technical support and maintenance within the scope defined in the service plan. Managed hosting customers are not authorized to make direct modifications to the server without prior approval.
20.2 Cloud and VPS Hosting
Cloud and Virtual Private Server (VPS) hosting customers are responsible for managing their virtual environments, including software installation and maintenance, unless an additional managed service agreement is in place.
20.3 Third-Party Software and Licenses
If the Customer uses third-party software on 100TB Hosting’s platform, the Customer is responsible for obtaining and maintaining appropriate licenses. 100TB Hosting is not liable for issues arising from unlicensed software.
21. Termination and Account Closure
21.1 Termination Process
If the Customer wishes to terminate the Agreement, they must submit a request through the customer portal or in writing. Once the termination request is received and processed, the Customer will receive a confirmation, and all services will cease as per the notice period.
21.2 Account Closure Due to Inactivity
For security and resource management, 100TB Hosting may close inactive accounts after twelve (12) months of inactivity, provided there are no outstanding balances or contractual obligations. Notice of impending account closure will be sent to the registered email address.
21.3 Data Deletion Upon Termination
Upon account closure, all customer data will be deleted in accordance with the data retention policy. The Customer should retrieve any necessary data before closure, as retrieval after deletion may not be possible.
22. Final Provisions
22.1 Severability
If any provision of this Agreement is deemed invalid or unenforceable by a competent authority, all other provisions shall remain in effect. The invalid provision will be replaced with a valid provision that most closely approximates the intent of the original.
22.2 Entire Agreement
This Agreement constitutes the entire agreement between the Customer and 100TB Hosting regarding the services provided. It supersedes any prior agreements or understandings, whether written or oral.
22.3 Waivers
Failure by 100TB Hosting to enforce any right under this Agreement does not constitute a waiver of that right or any other right.
22.4 Amendments and Notifications
Any amendments to this Agreement will be communicated to the Customer in writing, at least one (1) month before they take effect, unless immediate action is required by law. All notifications shall be considered received if sent to the Customer’s registered email address or published on the official website.
100TB Hosting Sverige AB
Org. No: 556816-6499
Box 349, 631 05 Eskilstuna
contact@simvoyager.com
www.simvoyager.com
Terms and Conditions for Online Consumer Purchases
www.simvoyager.com
General Information
These terms and conditions are applicable when you, as a consumer, make purchases through www.simvoyager.com. For business-to-business purchases, the Swedish Sale of Goods Act (1990:931) or specific commercial terms will apply instead.
These terms, together with the order confirmation sent to you, form the legal basis for your purchase. All information and conditions are provided on www.simvoyager.com in both Swedish and English.
You must be at least 18 years old to make purchases on www.simvoyager.com.
Whenever these terms require written communication, it may be fulfilled through email, SMS, postal mail, or similar means.
1. Parties and Definitions
The “Seller” refers to: 100TB Hosting Sverige AB or another external partner (“Partner”) collaborating with us to offer their products and services via www.simvoyager.com. If a purchase involves a Partner, this will be clearly indicated in both the shopping cart and the order confirmation. The agreement in such cases is between you and the Partner. Regardless of the responsible party for the sale, payments are always processed through www.simvoyager.com. More details are provided in Section 4.
Contact information for 100TB Hosting Sverige AB is listed below. Details for any Partner involved can be found on the product or service page.
www.simvoyager.com Information:
• Organization Number: 556816-6499
• Office Address: Box 349, 631 05 Eskilstuna, Sweden
• Customer Support Email: contact@simvoyager.com
In these terms:
• “Seller” is referred to as “we,” “us,” or “our.”
• “Buyer” is referred to as “you” or “your.”
2. Your Order
Once your order is received, we will confirm it and send an order confirmation to the email address you provided. Please verify the confirmation to ensure that all details match your order. If the Partner does not accept your order, you will be notified by email directly from them. Any discrepancies between your order and the order confirmation will constitute a new offer, which you can either accept or decline.
For orders containing multiple products, items may be delivered in separate shipments or emails.
We reserve the right to cancel your order or parts of it if the product is unavailable. In such cases, you will be informed, and alternative solutions may be proposed. You are free to accept the alternative offer or cancel your order completely.
If there is a significant pricing error (e.g., more than a 15% deviation from standard pricing) on the website, we may cancel, modify, or reject the order, even if it has already been confirmed. Extraordinary events such as war, natural disasters, strikes, or pandemics may also result in order cancellations.
You can make changes to your order before it is shipped from our warehouse. After shipment, cancellation and return rights apply as outlined in Section 6.
For any questions about your order, visit www.simvoyager.com or contact customer support at contact@simvoyager.com.
3. Payment
Payments for all purchases are handled by www.simvoyager.com. If you have questions about your payment, please reach out to customer support at contact@simvoyager.com.
Prices listed on the website include VAT. Additional charges for shipping, packaging, and other costs will be clearly displayed in the checkout summary.
We accept various payment methods, as displayed during checkout. All card details are encrypted and securely processed using SSL encryption. Additional security measures include MasterCard SecureCode, Verified by Visa, and American Express SafeKey.
If you choose to save your card details for future use, consent will be requested during checkout. These details can be deleted anytime during checkout or in the “My Profile” section.
4. Delivery and Delays
4.1 Delivery
Your order will be delivered as specified in the order confirmation. Responsibility for the goods transfers to you upon delivery.
4.2 Order Cancellation Before Delivery
You can cancel your order through the “My Page” section or by contacting customer support. If the order has already been shipped, shipping costs will not be refunded, and a cancellation fee of 100 SEK will be charged to cover handling costs.
4.3 Delays
In the event of a delivery delay, you will be informed promptly with updates on the expected delivery timeline or notified if the product is unavailable.
5. Complaints
When you receive your delivery, ensure it matches the order confirmation and check for any damages or defects. If there are issues, contact customer support immediately at contact@simvoyager.com.
6. Right of Withdrawal
Under Swedish consumer law, you have the right to withdraw from your purchase within 14 days of receiving the product. To exercise this right, notify us in writing (via email or using the withdrawal form provided). If the purchase involves a Partner, the return must be sent directly to them.
For digital or downloadable items, the right of withdrawal expires once the product has been activated or accessed.
7. Personal Data
Your personal information will be processed in accordance with our Privacy Policy, available on www.simvoyager.com. For purchases involving Partners, please contact the Partner directly regarding their handling of personal data.
8. Disputes
We encourage resolving disputes amicably. As a consumer, you may also refer any dispute to the Swedish National Board for Consumer Disputes (ARN) or use the EU Online Dispute Resolution platform.
9. Subscriptions
For subscription-based purchases, both our terms and the Partner’s terms will apply. During the subscription process, a credit check may be performed. If you cancel a subscription, any hardware provided (e.g., mobile devices) must be returned. Refer to Section 6 for details regarding the right of withdrawal.