Last updated: March 30th 2021
1 About these terms of service
1.1 These Servebolt Terms of Service (the “Terms”) contain the terms and conditions that govern your access to and use of any of Servebolt’s services (the “Services”), as well as the rights and obligations of Servebolt and our clients. By using the Services, you or the entity you represent (either are referred to as the “Client”), agree to be bound by the Terms, any specific terms communicated to you when you subscribed to the Services, as well as Servebolt’s Service Level Agreement (the “SLA”) and Servebolt’s API Terms of Service.
By using the Services, you represent to Servebolt that you are lawfully able to enter into the Terms (e.g. you are not a minor), and, if you are accepting the Terms on behalf of an entity, you represent to Servebolt that you have the legal authority to bind that entity.
1.3 These Terms, the SLA and any additional terms accepted by the Client, such as the API Terms of Service, when subscribing to the Services or a specific Services plan, constitutes the entire agreement between Servebolt and the Client with respect to the use of the Services. Unless explicitly stated in a written and signed (by Servebolt) document, these Terms shall prevail in the event of any inconsistencies.
2 Scope of service
2.1 Conditional upon compliance with these Terms, the Client is granted a non-exclusive and non-transferable access to the Services purchased by the Client, subject to the limitations set out in the chosen Services plan.
2.2 In the event that the Services are provided on a free test basis (the “Free Test”), certain restrictions apply with respect to use of the Services, which may be displayed to the Client upon registration of a Free Test account or in these Terms. Further to this, certain restrictions and limitations may apply as to the functionality and scope of the Services in the Free Test.
The Free Test is solely offered to the Client for the purpose of trying or testing the Services free of charge before subscribing, or to make use of the Service as development hosts before upgrading the Free Testto a paid Service. The Free Test is provided without any warranties and the Free Test is hereby explicitly not subject to the SLA or any other similar obligations. Servebolt retains the right, under its sole and absolute discretion, to cancel, delete and suspend any Free Trial users at any time, without prior notice or reason.
Upon the Free Test period ending, the Services provided thereunder will not automatically be converted to a fully paid Service, unless the Client actively converts the Free Test to a paid Service prior to the end of the Free Trial period or unless the Parties agree otherwise.
During the Free Trial period, the Client may only use domains provided by Servebolt.
2.3 Servebolt may, from time to time, provide Services that are still under development and not fully tested or verified for their intended use, typically, but not necessarily, identified as a “Beta Service”.
In the event that the Client is using a Beta Service, whether by invitation or by joining an open beta program, the Client accepts and acknowledges that bugs and unintentional functions may occur and that Servebolt has no obligation to repair such defects, and that the Beta Service is explicitly exempted from the SLA. Use of a Beta Service may be subject to separate requirements and terms and conditions. The Client also accepts and acknowledges that in the event that a Beta Service is provided to the Client free of charge, Servebolt may subsequently launch the Beta Service as an ordinary and paid Service at any time, which will require payment from the Client prior to any continued use of such previous Beta Service.
2.4 At the time of these Terms, the Services may include hosting services, as well as related products and services such as SSL Certificates, Content Delivery Networks, support services, performance consulting services and similar or related products and services.
Servebolt may also provide additional software products that are covered by these Terms. The Client acknowledges and accepts that any such software, or parts of the Services, as well as any new or modified services, may be subject to separate and/or additional terms and conditions, including terms and conditions set out by third party providers. Any such additional or separate terms and conditions will be made available to the Client upon subscription to a specific Service, except that it shall be the Client’s responsibility to review and accept any third party software terms and conditions.
3 Onboarding and support
3.1 Servebolt may decide to provide the Client with a free migration service, which is limited to providing reasonable assistance to ensure that the Client becomes acquainted with the Servebolt platform, and to assist the Client in ensuring that the Client’s application(s) perform and work as expected in relation to the Services. This migration service is provided free-of-charge and without any liability or particular responsibilities for Servebolt, and the extent of any free services provided in this respect shall be subject to Servebolt’s sole discretion.
3.2 Additional support and assistance with respect to the Client’s web application or changes thereto (PHP, HTML, CSS, JS), installed plugins, work on code, database etc., is not included in the Services, and will only be provided subject to Servebolt’s at all times applicable hourly rates for consulting services. Please refer to the SLA for further terms and conditions. The Client shall be solely responsible for such work, and Servebolt shall have no liability with respect to such work or the use of any deliverables made by Servebolt in this respect. Servebolt makes no warranties, expressed or otherwise implied, regarding the quality or fitness for a particular purpose for work performed or deliveries made in relation to the type of services described in this section 3.2.
3.3 Servebolt performs nightly off-site backups which includes content stored on servers. Restores may be requested through the service contact point, and are charged by the hour. Notwithstanding the foregoing, the Client is highly advised to establish and maintain backup and recovery systems to ensure the integrity of any business critical data uploaded through the Service. Servebolt shall not be liable for any data loss with respect to Servebolt’s backup and restoration services.
4 User registration
4.1 User access to the Services is provided through Servebolt’s administration interfaces (web platform, through API or other interfaces provided by Servebolt from time to time). Anyone signing up for an account on Servebolt’s web platform is hereinafter referred to as a “User”.
4.2 It is the responsibility of the Client to ensure that all of the Client’s Users use their real names, e-mails and phone numbers when registering, and that such information is kept updated and correct at all times. Failure to use and maintain correct and genuine information by any of the Client’s Users shall be considered a breach of these Terms, and Servebolt retains the right to cancel any accounts containing wrongful User information and to terminate any Services related to such accounts without further notice and without any liability.
4.4 An “Owner” is a User with administrative privileges. The Owner may delegate access to other Users using the administrative interfaces provided by Servebolt. The Client shall have all responsibility with respect to the actions of such delegated User rights. Servebolt shall not be liable for any changes to the Client’s host, site, environments, Bolts, configurations, databases, Web Application codes or similar carried out by any User or Owner.
5 Restrictions on use of the service
5.1 The Services shall only be used for normal web hosting purposes and web applications. Any non-normal use shall require prior written consent from Servebolt.
5.2 The Client, including its Users, shall not use the Services to, or attempt to, violate or circumvent the security of any computer network, passwords, software, encryption measures or other protection measures.
The Client, including its Users, shall not use the Services to engage in, or enable others to engage in, any kind of illegal or unethical activity. Servebolt reserves the right to, in its full discretion, suspend or otherwise disable the Services or the Client’s access to the Services in such events. The Client shall not decompile, reverse engineer, disassemble or attempt to derive any source code of any software or component of the Services.
The Services shall explicitly not be used in relation to any of the following products or services, or content related thereto, unless Servebolt has provided its prior written and explicit consent: web casino services, weapons and arms products or services, tobacco products or services, pornographic products or services, as well as any products or services related to any of the foregoing.
All use of the Services is otherwise subject to any acceptable use policies or similar that may be implemented or amended from time to time by Servebolt, and further subject to any applicable technical restrictions or similar. Servebolt reserves the right to refuse use of the Service for any purposes that Servebolt, under its absolute discretion, deems as unlawful or unethical.
5.3 The Client remains solely responsible for the content hosted through the Services by it or any Users to whom the Client has granted access, or any content hosted on behalf of the Client’s customers or end-users. This also includes, but is not limited to, a responsibility to ensure compliance with all applicable criminal law, privacy regulations and legislation, copyright and trademark rights, and other intellectual property rights, trade secrets, third party rights etc. The Client shall indemnify and hold Servebolt harmless from any third party claims, liability or damages resulting from any breach of such third party rights or legislation/regulations. In the event that an infringement or breach is reported to the Client, the Client is responsible for taking all immediate steps and actions required to remedy the situation, which could include suspending or removing access to an application or deletion or removal of associated content, data and/or files.
5.4 Servebolt may implement a notice-and-takedown policy for content deployed through the Services, and where third parties can request that allegedly infringing or unlawful content is removed or deleted.
5.5 Servebolt reserves the rights to, in its full discretion, suspend or otherwise disable the Services or access to the Services or content hosted on behalf of the Client if Servebolt deems it necessary for security or technical reasons, e.g. (but not limited to) events of unauthorized third party access, security attacks and breaches, distributed denial-of-service attacks, the Client’s non-compliance with any of the obligations set out in this section of the Terms, other events that may possibly harm Servebolt, the Services, the Client or other third parties, or if Servebolt deems it necessary, under its absolute discretion, for other reasons. Servebolt will notify the Client without undue delay in such events.
6 The Client’s obligations
6.1 To allow Servebolt to provide its Services, and without prejudice to the other obligations of the Client under these Terms, the Client and its Host Owner shall be responsible for carrying out certain obligations relating to the use and maintenance of the hosted content, including, but not limited to:
- Assisting Servebolt in debugging and providing detailed and accurate information and necessary access if necessary;
- Ensuring that all use of the Services is carried out in a secure fashion, including, but not limited to, keeping login credentials and access keys safe and passwords protected, as well as using long and secure password to prevent unauthorized third parties form gaining access;
- Keeping web application software updated with security patches and updates;
- Not installing software that may impose a security risk or risk the stability of infrastructure. Installation of software that causes instability or security risks frees Servebolt from all responsibilities, liabilities and SLA obligations; and
- Providing Servebolt with prior notice of any events or circumstances that may potentially cause instability or excessive server or network resource usage.
Any costs and time spent to correct any errors or disruptions caused by non-compliance to the above obligations, or any other of Client’s obligations hereunder, will be charged to the Client at Servebolt’s at all times applicable hourly rates.
7.1 The agreed fees for the Services are shown to the Client at the time when the Client subscribes to a specific Service plan and/or specific Services (ex. VAT, taxes or duties imposed by governing authorities). All current prices of Services to which the Client is subscribed are always available in Servebolt’s billing portal Where applicable, VAT will be added to the price. A valid credit-card is required for subscription to Services or Free Tests.
7.2 In the event that a fee displayed to the Client is erroneous due to any price calculation errors or other malfunctions related to Servebolt’s billing systems or websites, Servebolt reserves the right to correct any such erroneous fees. No such circumstance shall entitle the Client to use the Service against payment of the erroneous fee.
7.3 The fee includes all Services outlined by the Client’s order/subscription unless otherwise agreed separately in writing, which typically apply for any additional payable Services requested by the Client.
7.4 Notwithstanding the foregoing, the Client hereby acknowledges and accepts that resource consumption limits may apply to the Services or specific Service plans, or that certain Services are billed based on the Client’s consumption of resources. Such resources may be, but not limited to, Dynamic Requests, sites, environments, domains, storage, bandwidth, computing resources etc. The Client accepts that additional fees may incur subject to Servebolt’s at all time applicable rates for such consumption, or that the fees payable for the Services may be based on the Client’s consumption of such resources as the case may be (the “Dynamic Fees”).
Servebolt may implement a resource notification system which will notify the Client in the event that the resource limits are exceeded.
7.5 All applicable fees are billed in advance, except Dynamic Fees, which are billed in arrears. Payment for the initial term shall be made by the Client prior to the Client being granted access to the Services.
Payments are to be made by automatic charge to the Client’s registered credit card or other accepted automatic payment methods, or, subject to separate agreement with Servebolt, by invoices or bank transfers. Invoices are issued with a 10 day payment deadline, and shall be specified and documented to the extent reasonably necessary for the Client to be able to confirm delivery of the charged Services. Invoices which contains billable hours shall be specified with specification of the hours with a reference to the relevant agreement or order for such Services.
7.6 Service plans may be upgraded by the Client at any time, for which the Client will be invoiced an intermediate fee for the remaining part of the current invoicing period. The Client may also downgrade Service plans, which will come into effect from the next invoicing period. Upgrades and downgrades are not available if the Client has entered into an agreement with a set term.
7.7 Servebolt shall not be obligated to issue any refunds for fees paid for any reason, including but not limited to, unused resources, non-use of the Services, termination of the Services subject to these Terms or downgrades by the Client.
7.8 Servebolt retains the right to modify and change both the Services fees and any pricing models for the Services, subject to prior written notice to the Client.
However, any adjustment of fees that are made to reflect unforeseen and material increases in direct costs associated with providing the Services, including – but not limited to – costs of technical infrastructure, data processing capabilities and storage, rules and regulations or changes in public taxes or similar, shall be subject to one months’ written notice to the Client.
7.9 In the event of non-payment, Servebolt reserves the right to suspend the Client’s access or the Services up until full payment is made. Servebolt reserves the right to claim additional costs from the Client to re-activate the Services in such events. If the Client fails to make payment by the agreed time, Servebolt shall be entitled to claim interest on any overdue amount, pursuant to the Norwegian Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).
8.1 The agreement between the parties (including these Terms) enters into force upon the Client subscribing to the Services or the employment of the Free Test, and shall remain in force until terminated by the Client or Servebolt pursuant to these termination terms.
8.2 The Client may terminate the agreement or Services plans at any time and at the Client’s convenience. Such termination shall come into effect at the end of the invoice period in which the Client provides Servebolt with its termination notice. The Client’s termination shall be submitted through Servebolt’s customer interface.
Where the Client has entered into an agreement for a set term, the Client may not terminate the agreement or such Service plans pursuant to this clause before the end of the term. Set term agreements shall automatically renew for a new term upon end of the set term.
8.3 Servebolt may terminate the agreement and any hosting or Services plans in the event that Servebolt explicitly declares that it permanently ceases to offer, use or maintain the Services or in the event that the Client becomes insolvent, is declared bankrupt or otherwise can be considered as being incapable of payment of fees due or future fees.
8.4 Either party may terminate the agreement upon material breach of the agreement and/or these Terms by the other party (including non-payment) if such breach is not remedied within 14 days after the non-breaching party having provided written notice of such breach to the other party.
8.5 In the event of termination of the agreement for whichever reason, the Client shall pay any and all applicable fees for the Services incurred up until the termination comes into effect, and any paid or incurred fees are non-refundable.
8.6 Upon termination of the agreement for whichever reason, the Client shall be responsible for ensuring that the hosted materials and/or content is retrieved by the Client prior to the termination coming into effect. Subsequent to the termination coming into effect, any and all access rights granted to the Client related to the Services will be terminated accordingly.
9 Intellectual property and data rights
9.1 Servebolt retains all ownership and intellectual property rights in, to and related to the Services, hereunder its trademarks, design and visual presentations as well as the software tools and components included in the Services or used in relation to providing the Services to the Client, as well as any improvements and modifications thereto.
9.2 The Client’s rights to use the Services are granted for the Client’s own use and the Client shall not sell, assign or otherwise redistribute or use the Services for the benefit of third parties unless expressly stated herein or otherwise agreed with Servebolt.
9.3 The Client retains any and all rights and ownership to all data generated by the Client and hosted by the Client through the Service. Further, the Client retains the intellectual property rights, if any, to application models, business logic and functionality, including the “look and feel” of any content and applications hosted by the Client through use of the Services, if and to the extent that such rights are proprietary to the Client under applicable law. Notwithstanding the foregoing, the Client hereby grants to Servebolt a non-exclusive license to use the Client’s material to the extent necessary to provide the Service and to exercise Servebolt’s rights and obligations set out in these Terms.
9.4 Without prejudice to the foregoing and Servebolt’s responsibilities with respect to confidential treatment of data and content of the Client, the Client accepts that the existence of the agreement and the identity of the Client can be used by Servebolt as a reference in marketing materials and other promotion to the extent the used information is publicly available through Whois and DNS services.
10 Personal data
10.1 Servebolt will take all reasonable steps to ensure the integrity and security of any personal data and information hosted through the Services in accordance with applicable law and regulations. However, Servebolt may aggregate anonymous statistics and pattern analysis of use and content and is free to use the results of such statistics for commercial and non-commercial purposes.
10.2 The roles and responsibilities of Servebolt with respect to the processing of personal data is otherwise governed exclusively under the terms of a separate Data Processor Agreement entered into with the Client upon commencement of the Services.
11 Warranties – limitations of liability
11.1 The Client warrants and represents that it holds the necessary rights, title and interest necessary to its content hosted through the Services and that none of its hosted content violates these Terms or any applicable acceptable use policies.
11.2 The Client shall indemnify and hold Servebolt harmless from any damages, third party claims or liability resulting from the Client’s use of the Service in violation with the Client’s obligations set out herein or which infringes any third party rights.
11.3 Servebolt warrants and represents that the Services will be provided consistent with the technical and functional specifications provided at the time of the commencement of the Service as available on the Servebolt website (servebolt.com) or as later amended. The warranty is limited to flaws or errors, i.e. where the Services fail to perform in accordance with the specifications provided by Servebolt and where such failure is not the result of incorrect use on part of the Client or the result of any circumstance outside of Servebolt’s reasonable control.
The warranty obligations of Servebolt hereunder do not apply for functionality in any Beta Service. Improvement areas and requests for changes or amendments of functionality in any Beta Services shall not constitute a flaw or error for which Servebolt is responsible.
11.4 As the sole remedy in the event of a flaw or error in the Services, Servebolt will – upon having received a notification of non-conformity from the Client – use reasonable efforts to remedy the defect(s) to ensure uninterrupted operations of the Services. Procedures for service inquiries, response times etc. are governed under the SLA.
Notwithstanding the foregoing, Servebolt cannot warrant or guarantee that the Services will be performed error-free or uninterrupted or that Servebolt will be able to remedy errors or defects that occur in the Services. Servebolt further makes no representations or warranties of merchantability, satisfactory quality, or fitness for a particular purpose regarding the Services.
11.5 The Client accepts and acknowledges that Servebolt does not control the transfer of data over communications facilities or the Client’s applications hosted on the Services, and that the Services may be subject to limitations, delays, incomplete and insufficient backup and other problems inherent to the use of such communications and storage. Further, in the event of unforeseen consumption of storage and access volumes and other extraordinary circumstances, the Services may be temporarily inaccessible or interrupted. Information of such outages will generally be made available, if possible, at serveboltstatus.com.
Servebolt shall not in any event be held responsible for delays, delivery failures or any other loss or damage related to such problems, except as set out in the SLA.
11.6 Neither party shall be liable for any indirect, incidental, punitive or consequential damages or loss of profits, revenue, data or business opportunity related to the parties’ agreement (including these Terms) and the aggregate of any and all liability for Servebolt under, or related to, the Services is expressly limited upward to an amount equal to the fees paid by the Client for access to the Service over the last 12 months prior to the occurrence of the liability event.
11.7 The failure of Servebolt to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12.1 The parties are obliged to treat as confidential all information, know-how, other confidential material and any other information or material which is of such a nature that it should be considered conﬁdential, and which is disclosed to the other party through business activities regulated by the agreement between the parties.
12.2 This confidentiality obligation applies to all staff and other personnel or third parties acting on behalf of the parties in connection with the agreement. Both parties are obliged to take necessary precautions in order to avoid information or any other material being disclosed to others in violation of these regulations. These obligations survive the completion of the agreement or any other termination. Employees or other personnel working for any party that resign shall be obliged to secrecy also after their resignation.
12.3 The obligations of confidentiality set out herein shall not apply for information that the receiving party can demonstrate is publicly available through no breach of confidentiality obligations, or in the event of disclosure required by statutory law. If possible, the receiving party shall notify the other party without undue delay before disclosure of confidential information required by statutory law.
12.4 Subject to the limitations set out herein, the parties shall not otherwise be precluded from making use of general experience and know-how gained throughout the conduction of this agreement.
13 Force majeure
13.1 Servebolt and its affiliates shall not be liable for any delay or failure to perform any obligation under this agreement where the delay or failure results from any cause beyond Servebolt’s reasonable control, including labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, pandemics, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
14.1 The Client may not assign or otherwise transfer any agreement or any of its rights or obligations under any agreement with Servebolt without prior written consent or unless explicitly stated in these Terms. Consent shall not be unreasonably withheld by Servebolt.
14.2 Servebolt may assign the agreement, or any parts thereof, without the Client’s consent in connection with a merger, acquisition or sale of all or substantially all of its assets, or to any affiliate or as part of a corporate reorganization. Effective upon such assignment, the assignee is deemed substituted for Servebolt as a party to the agreement. Any other assignment of the agreement by Servebolt shall be subject to the Client’s written consent, which shall not be unreasonably withheld.
15.1 In connection with this agreement, each party will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations. For clarity, the Client is solely responsible for compliance related to the manner in which the Client chooses to use the Services, including any transfer and processing of the Client’s content and the provision of content to end users.
15.2 The Client further represent and warrant that it and its financial institutions, or any party that owns or controls the Client or its financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties.
16 No Agency
16.1 The parties are independent contractors, and this agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
17.1 If any portion of this agreement is held to be invalid or unenforceable, the remaining portions of the agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this agreement but the rest of the agreement will remain in full force and effect.
18 Governing law and jurisdiction
18.1 This Agreement is governed by the substantive laws of Norway and any and all disputes related to the Agreement are subject to the exclusive jurisdiction of Oslo tingrett (municipal court).