Kickassd Terms Of Service (TOS)
This Web Hosting Agreement (“Agreement”) is between Kickassd (“Kickassd” or “we”), and the person (individual or legal entity) who signs Kickassd’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer” or “you”). This Agreement governs Customer’s use of Kickassd’s Web Hosting service. In these Terms, Kickassd and Customer are referred to jointly as the “Parties” and individually as a “Party”. The Parties expressly acknowledge that the Service is neither intended nor fit for use by consumers.
An agreement is formed between the Parties when Kickassd receives an appropriately filled-in registration or order form (“Order”) which the Customer has submitted through a registration and/or purchasing procedure on Kickassd’s website. In connection with the registration procedure the Customer will create a service account. Any referral herein to “Agreement” includes the Order, service descriptions attached or referred to in the Order, the service level agreement (“SLA”), the acceptable use policy (“AUP”) and these Terms. The SLA and the AUP are available on Kickassd’s website.
Provision of Service
Kickassd will setup an account for a Customer after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is the Customer’s responsibility to provide us with an email address which is not @ the domain(s) the Customer is signing up under. If there is ever an abuse issue or Kickassd needs to contact the Customer, the primary email address on file will be used for this purpose. It is the Customer’s responsibility to ensure the email address on file is current or up to date at all times.
Providing false contact information of any kind may result in the termination of the Customer’s account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If the Customer fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Kickassd shall provide the Customer with the Service, which is specified in the Order. If the provided Service differs from the specifications, Kickassd shall correct the Service promptly after a notification by the Customer.
Account And Server Resources
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. Locally stored backups are cleaned automatically every 7 days, and Kickassd is not responsible for data loss due to local backup cleanups. Ram and IO allowances: We guarantee the availability of your respective plans RAM and IO resources. CPU: Accounts are given access to 1 full core and up to 1.2 full cores. CPU is fair use policy and you are not guaranteed the use of 1 full core. Sustained high CPU use will result in notification and a request that you lower it or move to a Cloud Server.
Kickassd offers account transfers from other hosts as a courtesy and to help the Customer’s transition smoothly to the Kickassd hosting service. Kickassd does not guarantee that transfer will always work out. Transfers are done on a first come first serve basis and we cannot give timelines or ETAs on transfers. We make our best effort to complete transfers within 24 hours of the request being submitted.
Kickassd shall provide the Customer’s administrative users with technical support with respect to the Service through the means described under the Support page on Kickassd’s website. Contact details and service hours are provided on Kickassd’s website.
While Kickassd is a managed Webhosting service, our management is not all inclusive, though generous. Clients are expected to attempt to fix issues and or perform installations prior to requesting help from Kickassd support staff. Kickassd support staff can and will help complete installs and diagnose and fix problems when the problems are not due to client negligence, client code changes, or any other change applied by the client that broke website or database. Support does not repair, or modify website code, or database contents. In the case of a hacked website we deal with these on a case by case basis and will do what we can to help the client recover from it, but it is not Kickassd’s responsibility to clean and or repair files infected or damaged by hacks.
Access to Service Account
The Customer will be responsible for activities that occur under the Customer’s service account, including actions taken by the Customer’s employees and other representatives (“User”) as well as their compliance with user instructions and the AUP. The Customer must promptly notify Kickassd if the Customer suspects that an unauthorised third party is using, or may have access to, the Service or the Customer’s service account.
The Customer must comply with third-party software license terms if the use of such software is offered by Kickassd for the provision of the Service, or if such software is obtained and uploaded in the Service by the Customer, with Kicassd’s separate instructions.
Paid subscription, discounts and free trials
The Service and the prices for the Service (“Service Fee”) are described in the service descriptions available on Kickassd’s website. Kickassd may from time to time offer discounts or trials of the Service for a specified period without payment. Kickassd reserves the right, in its sole discretion, to determine Customer’s eligibility for a free trial and, subject to applicable laws, to withdraw or to modify an offer trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For a free trial of the Service, Kickassd may require Customer to provide payment details to start the trial. At the end of such trial, Kickassd may automatically start to charge the applicable service fees for the Service immediately after the end of the free trial in accordance with Section Payment Terms and according to the price list on Kickassd’s website. The applicable subscription to the Service must be cancelled through Customer’s account’s subscription page, or the Service must be terminated in its entirety, before the end of the trial period in case Customer does not accept the applicable prices provided on Kickassd’s website. Customer shall ensure that the authorised Users use the Service in compliance with this Agreement. Misuse of the Service by Customer or any User may lead to termination of the Agreement or suspension or denial of access to the Service.
The prices of the Service are specified in the Order. Unless otherwise agreed, Kickassd charges the Customer in advance for each one-hour period of the Service according to Kickassd’s price list which is valid at the time and is available on Kickassd’s website. Applicable value added tax and other duties will be added to the prices unless the prices are specified VAT inclusive.
The Customer agrees to supply appropriate payment for the services received from Kickassd, in advance of the time period during which such services are provided. the Customer agrees that until and unless you notify Kickassd of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a Customer of Kickassd, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 15% late fee and / or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.
Kickassd reserves the right to change the monthly payment amount and any other charges but must give a minimum of 30 days notice prior to the change.
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, Kickassd reserves the right to cancel an account at any time, for a breach of this Agreement, AUP or any other reason that may be having a negative effect on our service or those using our service.
Money Back Guarantee
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.
Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Kickassd reserves the right to determine the definition of first-time account. Violations of the Terms of Service (TOS) will waive the refund policy.
Right To Refusal Without Cause
Kickassd may refuse to accept any customer or any website for participation in the Kickassd network as determined by Kickassd at its sole discretion.
Right to use the Service and eligibility.
Subject to due subscription to the Service and compliance with the Agreement, Kickassd grants to Customer a non-exclusive, nontransferable and limited right to enter and use the Service and grant Users access rights to the Service.
External Back-Up Copies
The Customer is responsible for making appropriate back-up copies of the Customer Data (as defined below) stored in the Service. Such back-up copies shall be stored outside the Service.
Acceptable Use Policy (AUP) & Prohibited Use
Kickassd reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Kickassd staff.
Abuse can include, but is not limited to the following offenses:
A) Any attempts to compromise or actual compromise of a network device belonging to Kickassd or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as “spam”, is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service “harvesting” is also prohibited and may result in termination of service.
D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any complaint received will be investigated and may result in termination of service.
E) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in Canada is strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
G) The use of IRC software, Bit Torrent software, Proxy software, and automated “bots” is strictly prohibited.
H) Offering image, file, document or data storage and free hosting or email services are strictly prohibited.
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
Backups & Data Loss
Your use of this service is at your sole risk. Our backup service is incremental and runs once a day, each day is a Recover Point (RP) that can be used to restore data. Our system keeps 15 recovery points which means your data is backed up for 15 days. This service is provided to you as a courtesy. Kickassd is not responsible for files and / or data residing on your account. Customer agrees to maintain a current (non local) copy of all content hosted by Kickassd not withstanding any agreement by Kickassd to provide backup services. When an account is cancelled or terminated all backup data is deleted and Kickassd is not responsible for loss of data due to this.
Customer’s responsibilities, obligations and rights
When subscribing to the Service, Customer shall provide true, accurate and complete information as prompted by the Order and update such information when required. Please note that this Agreement only covers the Service and the use thereof and any and all linked third party services and platforms are provided by the relevant third parties and covered by their terms of service or other agreement or license. Kickassd does not assume any liability in regard to use of such third-party services and platforms, whether or not they are linked to the Service.
Reseller Client Responsibility
Resellers are responsible for supporting their clients. Kickassd does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Kickassd will hold any reseller responsible for any of their clients’ actions that violate the law or the Terms Of Service (TOS).
Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting in any way. If you wish to resell hosting you must use a reseller account.
Customer is not permitted and not entitled to permit the Users or any other parties to do any of the following:
- copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service, or otherwise make any use of the Service which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it or any other intellectual property rights of third parties;
- use the Service in any manner that could damage, disable, overburden or impair the Service available through the Service;
- use any data mining, robots, scraping, or similar data gathering or extraction methods;
- sign up for an account on behalf of someone else;
- use, sell, rent, transfer, license or otherwise provide anybody with the Service, except as provided herein;
- interfere with other Customers’ use and enjoyment of the Service;
- circumvent or try to circumvent any usage control or anti-copy functionalities of the Service;
- reverse engineer or decompile the Service or access the source code thereof, except as permitted by law;
- use the Service for transmitting any unauthorised advertising, promotional materials, junk mail, spam, chain letters, contests,
- pyramid schemes, or any other form of solicitation or mass messaging;
- use the Service in violation of applicable law;
- use the Service in ways that violate intellectual property rights, business secrets or privacy of third parties;
- use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
Kickassd strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Kickassd’s monitoring systems or Kickassd authorized / contracted outside monitoring services. If Kickassd fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Kickassd network caused by or associated with:
A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
B) Telco Failure (i.e. Somebody cuts the main fiber conduit outside of the datacenter and causes an outage)
C) Backbone peering point issues
D) Scheduled maintenance for hardware/software upgrades
E) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Kickassd utilizes only name brand hardware of the highest quality and performance.
F) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
G) DNS issues not within the direct control of Kickassd
H) Network floods, hacks, attacks from outside parties or individuals
I) Failure or error of any Kickassd monitoring or measurement system
J) Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Kickassd service(s) in breach of Kickassd Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Kickassd will defend Customer against any claim that the Service infringes the intellectual property rights of a third party and pay any damages finally settled or awarded in a trial to the third party with respect to any such claim, provided that Kickassd is notified promptly in writing of the claim and given sole control of the defense and all related settlement negotiations in relation to the claim as well as reasonable assistance and necessary authorisations from Customer to defend or settle the claims on behalf of Customer. At any time, if Kickassd reasonably deems that any part of the Service infringes the intellectual property rights of any third party, Kickassd has the right at its own expense to (i) modify/replace the Service to eliminate the infringement in such a manner that the modified Service complies with this Agreement, or (ii) procure to Customer a right to use the Service. If none of the aforementioned alternatives are reasonably possible, Kickassd shall have the right to terminate this Agreement and Kickassd shall refund to Customer the prices paid for the Service by Customer less the price corresponding the time Customer has been able to use the Service in accordance with this Agreement. Kickassd shall, however, not be liable for any infringement or claim thereof in the event the claim (i) is made by any affiliates of Customer; (ii) has resulted from Customer’s or Customer’s supplier’s or User’s use or modification of or addition to the Service; (iii) could have been avoided by using the latest version of the Service provided by Kickassd; or (iv) is not related to the Service or any part of the Service for which Kickassd is not responsible for pursuant to this Agreement or statutory requirements. This section contains Kickassd’s entire liability and Customer’s sole and exclusive remedy in case of intellectual property rights infringements. Customer shall indemnify, defend, and hold Kickassd harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any breaches of this Agreement by Customer, Customer’s personnel and/or Users.
By using any Kickassd services, you agree to binding arbitration. If any disputes or claims arise against Kickassd or its subsidiaries, such disputes will be handled by an arbitrator of Kickassd’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Disclosure To Law Enforcement
Kickassd may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Customer data shall mean all Customer’s data that a Customer or another party acting on Customer’s behalf generates in or submits to the Service (“Customer Data”) or the data Customer submits to a third-party service or platform which might be accessed by the Service, subject to and on the basis of the permissions or consents Customer has granted. Customer agrees that Kickassd does not assume any liability or responsibility in respect to any Customer Data, with the exceptions relating to Personal Data as set forth in Section Data Processing below. Customer shall at all times ensure that Customer Data does not infringe any third party intellectual property rights or violate any applicable laws or legislation. Customer shall not upload any illegal, offensive, threatening, libellous, defamatory, or otherwise inappropriate data to the Service. For clarity, Kickassd is not responsible and shall not be held liable for any Customer Data, nor does it endorse any opinion contained in any Customer Data. Aside from the rights specifically granted herein, Customer retains ownership of all rights, including intellectual property rights, in the Customer Data.
General requirements relating to processing of Personal Data
The Customer shall be responsible for the lawful collection, processing and use, and for the accuracy of the Personal Data, as well as for preserving the rights of the individuals concerned. If and to the extent legally required, the Customer shall inform the individuals concerned regarding the processing of their Personal Data by Kickassd, and shall obtain their consent if necessary. The Personal Data processed by Kickassd on behalf of the Customer may include e.g. Personal Data of the Customer’s employees and end-customers, such as contact details of the aforementioned data subjects. The Customer acknowledges that due to the nature of the Service, Kickassd cannot control and has no obligation to verify Personal Data the Customer transfers to Kickassd for processing on behalf of the Customer when the Customer uses the Service. The Customer ensures that the Customer is entitled to transfer the Personal Data to Kickassd so that Kickassd may lawfully process the Personal Data on behalf of the Customer in accordance with this Agreement. Kickassd shall not use Personal Data for any purpose other than that of rendering and providing the Service and will not assert liens or other rights over, or sell or disclose the Personal Data to any third parties, without the Customer’s prior written approval. Kickassd shall process Personal Data in accordance with this Agreement and documented instructions from the Customer. The Customer’s instructions must be commercially reasonable, compliant with applicable data protection laws and consistent with this Agreement. Kickassd shall not be obliged to verify whether any instructions given by the Customer are consistent with applicable laws, as the Customer is responsible for such compliance verification of its instructions. However, if Kickassd detects that any instruction given by the Customer is non-compliant with the requirements of any data protection legislation applicable to Kickassd’s operations, Kickassd shall inform the Customer in writing. Kickassd and the Customer shall comply with the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“Regulation”) and any applicable European or foreign data protection laws as amended, as well as data protection authorities’ orders and guidelines. Kickassd and the Customer shall implement and maintain appropriate technical and organizational security measures to protect the Personal Data within their area of responsibility, in order to safeguard the Personal Data against unauthorised or unlawful processing or access and against accidental loss, destruction or damage. Such measures include where necessary and appropriate, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons the following measures:
- access right controls to systems containing Personal Data;
- the pseudonymisation and encryption of Personal Data;
- the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
- a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
Kickassd’s assistance obligations
To respond to requests from individuals exercising their rights as foreseen in applicable data protection law, such as the right of access and the right to rectification or erasure, the Customer shall primarily use the corresponding functions of the Services, such as the Kickassd Control Panel. Kickassd shall provide the Customer with commercially reasonable assistance, without undue delay, taking into account the nature of the processing. Kickassd shall further provide the Customer with commercially reasonable assistance in ensuring compliance with the Customer’s obligations to perform security and data protection assessments, breach notifications and prior consultations of the competent supervisory authority, as set out in the applicable data protection law, taking into account the nature of the processing and the information available to Kickassd. In case such assistance requires extensive measures from Kickassd, the Customer shall pay additional reasonable remuneration to Kickassd for handling such assistance requests. In addition, Kickassd shall, and shall procure that its personnel (including its subcontractors’ personnel) shall:
only process Personal Data in accordance with the Customer’s written instructions and not for Kickassd’s own purposes;
ensure that individuals processing Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Transfers of Personal Data
The Customer accepts that Kickassd may have Personal Data processed and accessible by its subprocessors outside the Customer’s country of domicile to provide the Service. In case the processing is subject to any EU data protection law and Personal Data is transferred from the European Economic Area (“EEA”) to a subprocessor for processing in any country outside the EEA that is not recognized by the European Commission as providing an adequate level of protection for personal data, Kickassd provides for appropriate safeguards by standard contractual clauses, adopted or approved by the European Commission and applicable to the processing by the non-EEA subprocessor or by any other appropriate safeguard as foreseen under Regulation.
Kickassd shall, without undue delay after having become aware of it, inform the Customer in writing about any data breaches relating to Personal Data and any other events where the security of Personal Data processed on behalf of the Customer has been compromised. Kickassd’s notification about the breach to the Customer shall include at least the following:
description of the nature of the breach;
name and contact details of Kickassd’s contact point where more information can be obtained;
description of the measures taken by Kickassd to address the breach, including, where appropriate, measures to mitigate its possible adverse effects.
Deletion and return of Personal Data
Kickassd shall not take any action to intentionally erase any Personal Data processed on behalf of the Customer, without the Customer’s explicit request. Personal Data shall be processed under this Agreement until the Customer has ceased to use the Service. Within a reasonable time after the termination or expiry of this Agreement, or after the Customer has permanently ceased to use the Service, Kickassd shall permanently delete Personal Data from its storage media, except to the extent that Kickassd is under a statutory obligation to continue storing such Personal Data. On the Customer’s request, Kickassd shall confirm the deletion in writing. The obligation to delete Personal Data shall not apply to Personal Data contained in regular back-up copies of comprehensive datasets from which the individual deletion of Personal Data would not be possible without significant efforts or costs.
The Parties may exchange confidential information during the performance of this Agreement. Confidential information shall mean any information which is marked as confidential or which should be understood as confidential, irrespective of its form of storage or disclosure. All confidential information shall remain the property of the disclosing Party and the receiving Party shall keep confidential and refrain from using such confidential information otherwise than for the purposes of this Agreement, during the term of this Agreement and after the termination of this Agreement. For the avoidance of doubt, any information of or relating to a Party or that Party’s personnel, suppliers, contractors, customers or end-users, which information is obtained or detected by the other Party or processed or generated in the course of providing or receiving the Service shall be deemed confidential information of that Party. Each Party shall promptly upon termination of the Service cease using confidential material and information received from the other Party and use reasonable means to destroy such material. Each Party shall, however, be entitled to retain the copies required by law or regulations.
All content on this website is Copyright © Kickassd and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of Kickassd.
Kickassd will offer service level compensations to the Customer in accordance with the SLA. In all other respects the Service is provided on “as-is” and “as-available” basis, and Kickassd will not give the Customer any warranty or guarantee, express or implied, for the Service, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Service is not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Kickassd will not be liable for indirect damage or consequential damages caused to the Customer. Kickassd’s total aggregate liability under or in connection with this Agreement shall be limited to the aggregate Service Fee paid by the Customer for the Service for the last six (6) months preceding the occurrence for which damages are claimed. These limitations will not apply to damage caused by willful misconduct or gross negligence. In order to be valid and enforceable, all claims for damages must be made within 30 days from the date the damage was or should reasonably have been noticed by the Customer.
Assignment and Third-Party Benefits
Kickassd may assign the Agreement in whole or in part to another group company or in connection with the trade sale which includes the provision of the Service. The Customer may assign the Agreement to a third party with Kickassd’s prior written consent which Kickassd will not unreasonably withhold. The Agreement will not create any third-party beneficiary rights in any third party.
If the Customer has breached the provisions of the Agreement or Kickassd has justifiable reasons to believe such a breach exists, Kickassd may temporarily suspend the provision of the Service.
Termination for Convenience
The Customer may terminate the Agreement for any reason by issuing 5 days written notice to Kickassd. Kickassd may terminate the Agreement for any reason by issuing 30 days written notice to the Customer.
Termination for Cause
Either Party may terminate the Agreement with immediate effect if the other Party has materially breached the provisions of the Agreement.
Kickassd will provide the Customer with transition services in order to enable the Customer to transfer the Customer Data to another service provider. The Customer must order the transition services before the termination of the Agreement. The description of the transition services and applicable prices will be determined on a case by case basis based in Kickassd’s discretion.
Entire Agreement and Amendments
The Agreement constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Service. All amendments to the Agreement must be made in writing. Kickassd may modify this Agreement by notifying the Customer in writing, such as by e-mail or by posting a revised document version on Kickassd’s website. If Kickassd considers that a revision will have a material effect on the Agreement, Kickassd will notify the Customer at least 30 days before the revision will be effected and reserve the Customer a possibility to terminate the Agreement.
A failure by either Party to enforce any provision of the Agreement will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Service or the fulfilment of the provisions of the Agreement, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each Party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the Party either directly or through its subcontractor.
Should any provision of the Agreement be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect to the fullest extent permitted by law. The Parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the Parties.
Governing Law and Arbitration
The Agreement will be governed by the substantive laws of The Netherlands, with the exception of any conflict of law principles. Any and all disputes, which the Parties fail to settle amicably, arising out of or relating to the Agreement will be finally settled by arbitration in English language in accordance with the Rules of the Arbitration Institute of the Finland Chamber of Commerce.
Changes To The Terms Of Service (TOS)
Kickassd reserves the right to revise its policies at any time without notice.