Terms of Service
1. Introduction
Welcome to Dediduck ("we," "our," "us"), a service provided by ESIS SMART SOLUTIONS AND TRADING S.L. These Terms of Service ("Terms") govern your access to and use of our dedicated server hosting services ("Services"). By using our Services, you agree to comply with these Terms. If you do not agree with these Terms, please do not use our Services.
2. Eligibility
To use our Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using our Services, you represent and warrant that you meet these requirements.
3. Account Registration
To access our Services, you may need to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Use of Services
4.1 Permitted Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not use our Services in any manner that could damage, disable, overburden, or impair our servers or networks.
4.2 Prohibited Activities
You agree not to:
- Engage in any activity that violates any applicable law or regulation.
- Upload, post, or transmit any content that is illegal, harmful, or infringing on others' rights.
- Interfere with or disrupt the integrity or performance of our Services.
- Attempt to gain unauthorized access to our Services or related systems.
5. Payment and Billing
5.1 Fees
You agree to pay all fees for the Services you select in accordance with our pricing and payment terms. All fees are non-refundable unless otherwise stated.
5.2 Payment Methods
We accept various payment methods, including credit cards and electronic transfers. You authorize us to charge your selected payment method for the fees due.
5.3 Late Payments
If you fail to pay any fees on time, we may suspend or terminate your access to the Services until the outstanding amounts are paid.
5.4 Refund Policy
Refunds are only provided if the server is not delivered within 10 days from the date of order. If you do not receive your server within this timeframe, please contact us to request a refund.
6. Term and Termination
6.1 Term
These Terms will remain in effect until terminated by either party.
6.2 Termination by You
You may terminate your account at any time by providing us with written notice. Termination will take effect at the end of your current billing cycle.
6.3 Termination by Us
We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of these Terms.
6.4 Effects of Termination
Upon termination, your right to use the Services will immediately cease. We will have no obligation to maintain any data or provide any further access to your account.
7. Intellectual Property
7.1 Ownership
We retain all rights, title, and interest in and to our Services, including all related intellectual property rights. You do not acquire any ownership rights by using our Services.
7.2 License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your internal business purposes, subject to these Terms.
8. Limitation of Liability
To the maximum extent permitted by law, ESIS SMART SOLUTIONS AND TRADING S.L. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
9. Indemnification
You agree to indemnify, defend, and hold harmless ESIS SMART SOLUTIONS AND TRADING S.L., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms are governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles.
10.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the [Arbitration Organization]. The arbitration will be conducted in [Arbitration Location]. Each party will bear its own costs and expenses.
11. Changes to Terms
We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
12. Miscellaneous
12.1 Entire Agreement
These Terms constitute the entire agreement between you and ESIS SMART SOLUTIONS AND TRADING S.L. regarding the use of our Services and supersede all prior agreements and understandings.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
12.3 Waiver
No waiver of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
12.4 Assignment
You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
12.5 Contact Us
If you have any questions about these Terms, please contact us at:
Address: Calle Merla 35, San Antonio de Benageber, 46184, Valencia
Email: legal@dediduck.com