UPDATED: March 12, 2020

SpaceDSM

General Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR

SIGNING UP FOR ANY SERVICE OFFERED ON THE SITE.

I.Introduction

SpaceDSM is a trademark of DSM&IT d.o.o. (DSM&IT, we, our, us), an IT company registered on 18 September 2017 with the company number 8050538000, tax number SI19377916; contact email address: info(at)dsmit.net; the office is located at Parmova ulica 53, Ljubljana 1000, Slovenia.

It makes available the VPS, emailing, Cloud Services, Backups Services and related Goods and services (Good, Goods, Service, Services) to you (You”, “Your”, Customer or “Subscriber” means you, the individual or company subscribing to services), described in these Terms.

II.Validity, adoption and application of the General Terms and Conditions

These General Terms and Conditions apply to all Customers of the website, irrespective of whether such user is a Member, or just browsing. If you do not agree to these Terms, you are not permitted to access our Services. Please read these General Terms and Conditions and Privacy and Cookie Policy carefully, and feel free to contact us if you have any questions.

SpaceDSM reserves the right to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on our Website or provide you with notice of the modification. By continuing to access or use the Website after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services. We encourage you to check back regularly to review these Terms.

III.Assignment

The SpaceDSM is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

IV.Service Provisioning

These DSM&IT GENERAL TERMS AND CONDITIONS apply to web hosting, the email services, the provision of VPS and Dedicated Server services and Backup services.

SpaceDSM aims to provide newly ordered services within 48 hours. Due to hardware, workload and other factors provisioning sometimes can be delayed. No guarantee is offered that services will be provisioned in any particular timeframe. The next due date of the service will be adjusted at the time of provisioning to account of this.

V.Account and Access

The Website and Services are available for persons who are 18 (eighteen) or older. Any access to or use of the SpaceDSM by anyone under 18 is expressly prohibited. By accepting these Terms, you represent and warrant that you are 18 or older.

You will need to register for an SpaceDSM Account in order to use our Service. You must complete our registration process. During that process, you will be required to provide certain information including but not limited to your name, tax status, country of residence. You may be required to verify your identity with a copy of a government-issued ID like Passport or Driver License or similar documentation.

You agree to provide accurate, current and complete information during the registration process. SpaceDSM reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You also will establish a username and a password. You are responsible for safeguarding your password. You are responsible for maintaining the confidentiality of your Account password and agree not to disclose your password to any third party. You will immediately notify SpaceDSM of any unauthorized access to or use of your Account or password or other breach of security on our Website.

The permission we give you to register for an SpaceDSM Account and use our Service under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Account, or any access to or use of our Services, to any third party.

You also shall be responsible for compiling and retaining permanent records of all Sales and Purchases and other data associated with the Account and your use of the platform and reconciling all payments in relation to the Sales and Purchases. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or Purchases.

VI.Payment

SpaceDSM accepts payment by bank wire and by Debit card or Credit card Visa, MasterCard, American Express as well as PayPal account balances and other that are accepted by our secure third-party service providers for online payment. The complete list of such our partners and accepted payment methods is published on our site. All prices are in Euros, you can pay in every currency PayPal or each of our services provider accepts.

Credit/Debit card payments and bank transfers may be subject to additional charges, which must be borne by the Customer in addition to the cost of Product or Service.

You represent and warrant that you have the legal right to use any Debit and Credit cards or other payment means used by you or through your Account for any such purchase.

SpaceDSM does not collect any numbers and other data relating to Credit cards that are submitted by the customers through the Website. This data is only collected by the Credit card payment service providers.

By placing an order, you consent to payment being charged to your Debit/Credit card Account via payment gateway as provided. The Buyer acknowledges that the order implies an obligation to pay. Afterwards we will send you a confirmation email of your order to your email address. You shall immediately inform us and your payment service provider in case of any suspected or actual misuse of your Credit card that is related to a payment made through the Website.

VII.Order Cancellations by SpaceDSM

SpaceDSM reserves the right to cancel any order for any purchase via the Services if we determine, in its sole discretion, that the item (Product or Service) is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If SpaceDSM cancels an order placed via the Services, we will send you an email confirmation of such cancellation and you will not be charged for your order.

SpaceDSM cannot be held liable for any damages incurred by the user due to the misuse of their Credit or Debit card.

VIII.Refunds and Returns

If for any reason you are not satisfied with your purchase, you may request the cancelation and payment return within fourteen (14) days of receipt and receive a full refund for the price of the Service. In case of monthly billing, the 14 days refund period starts each month after the payment is received, buy annual billing, 14 days refund period starts each year after the payment is received.

Shipping costs, if applicable, will not be refunded, and you will be responsible for the cost of return of shipping and any customs and brokerage fees charged upon return.

Installation service charges, if applicable, cannot be returned.

If you decide to return you purchase or cancel the purchased service, please email at info(at)dsmit.net your name and order number. We will get back to you and send the necessary information.

Please note that once the fourteen (14) days review period, or if returning an item, the three (3) day return shipping period has elapsed, the sale is considered final and there will be no exceptions.

IX.Taxes      

All prices are stated in Euros and DO NOT include any value added (VAT), goods and services (GST) or similar taxes.

X.Feedback

We welcome and encourage you to provide Feedback, Comments and Suggestions for improvements to the Services. You may submit Feedback by emailing us at info(at)dsmit.net You acknowledge and agree that all Feedback will be the sole and exclusive property of DSMI&IT d.o.o.

XI.Your Privacy

Please read our Privacy Policy.

XII.Copyrights and other intellectual property rights

Other than the content you own, under these Terms, SpaceDSM and/or its licensors own all the intellectual property rights and materials contained in this Website.

The content published on the Website may not be used in any manner and for any purpose other than for viewing by the user without the express written permission of the provider. Any misuse may constitute an offence for which the user may be subject to material liability.

XIII.Termination of the agreement

You may stop using our Services and cancel your Account at any time by sending an email to info(at)info.net

If you breach any of these Terms, we reserve the right to terminate these Terms, to terminate your Account or to suspend your access or use of any or all of our Services, at any time at our sole discretion, without prior notice to you.

XIV.Liability

SpaceDSM will not be liable for any loss of revenue or damages arising in connection with this agreement. We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damage arising out of or in connection with this Agreement.

SpaceDSM has no liability of any sort (including liability for negligence) for acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. We make no representation that the operation of www.dsmit.net will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or downtime.

XV.Indemnification

You hereby indemnify to the fullest extent SpaceDSM from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

XVI.No warranties

The services on the Website are provided on an “as is” and “as available” basis and no representations or warranties of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose.

In particular, SpaceDSM gives no warranty or representation that: the Services will meet the Client’s requirements; the Services will be provided on an uninterrupted, timely, secure or error-free basis; any results obtained from use of the Services will be accurate, complete or current; or the Services provided will be compatible with any files or software You install or upload to the Virtual Server.

XVII.Force Majeure

Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.

XVIII.General Prohibitions

SpaceDSM requires all users to agree not to use the Website for any of the following:

- Create a false or misleading Account with information which is incomplete, false, inaccurate;

- Post any information which is indecent, hateful, discriminatory or inflammatory; which will infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime.  

Also posting any information which is misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing; harms minors in any way; or promotes illegal or harmful activities, products or substances; or breaches any applicable local, national or international law or regulation;

- Use our Website for any purposes related to marketing, commercial exploitation of any image or other content without express prior written consent from us, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited;

- Use our Website to copy, publish or send mass mailings or spam;

- Collect information about Members (including email addresses) or send marketing email or other promotional communications to Members without their consent;

- To interfere in any way with the Website’s or attempting to use the Website’s service to gain unauthorized access to any other computer system;

- Access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;

- Interfere with the normal operation of our Services or the access of any Members, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;

- Use any robot or any automatic or manual process to monitor or extract data from our Services without our express prior written permission;

- Use any meta-tags or other hidden text or metadata containing any SpaceDSM trademark, service mark, product name, or URL without our express prior written permission;

- Breach, disable or circumvent any security or authentication measures on or in connection with our Services;

- Use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any SpaceDSM trademark, service mark, product name, or logo, or to the look and feel of any of our Services;

- Remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content. SpaceDSM will fully have the right to investigate and prosecute violations of any of the above of the law.

XIX.Links

Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

You are solely responsible for reviewing any Terms of use and/or Privacy Policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.

XX.Changes to our services

We reserve the right to change, modify, add, remove or discontinue any and all of our Services in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion. We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services.

Changes to these Terms and Conditions

We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion. All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms. You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

XXI.Dispute Resolution, Governing Law and Jurisdiction

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

These General Terms and Conditions may be presented to you in more than one language. However, the English language version of these General Terms and Conditions shall prevail. Contract between us will be conducted in English.

If a dispute arises between you and SpaceDSM, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly.

These Terms and Conditions are to be construed in accordance with the laws of Slovenia and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Slovenian courts. Any action concerning any dispute with respect to the Services must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.

XXII.Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

XXIII. Contacting SpaceDSM

If you have any questions about these Terms, please contact SpaceDSM

phone number: +386 30 687 311

email: info(at)dsmit.net

Please replace (at) with @ – we do this to avoid spam.

These General Terms and Conditions are applicable from

1 January 2020.