ZXServers
General Terms And Conditions
Cookie Statement [v2 01/2020]

[1] Cookies and Uses

Our website uses cookies. Some of these cookies are required for the website to work properly, and cannot be refused when you visit this website


[a] Our usage policy for cookies details the ways in which companies under the ZX Servers use your browsing data and any other data associated with using and accessing websites and other media (advertising banners, emails, etc.) from the ZX Servers, directly or through advertising content on other websites.You will also find information on your rights, and how to exercise them.


This data is communicated in compliance with the regulations in effect, particularly the European directive concerning the processing of personal data and the protection of private lives in the electronic communications sector (2002/58/CE), which outlines that storage, collection and access to data on your device is permitted under the condition that you have received information on the purposes of this data being processed, in compliance with the General Data Protection Regulation (EU) 2016/679 (the GDPR), and subject to essential cookies that you have consented to.


[b] Generally, there are different reasons for using cookies. Some cookies are required for the ZXServers websites to work properly, and enable you to access them and log in by using essential features. Essential cookies are solely designed to allow for electronic communication. They are vital for the online communication service you are using to work, and they will be used to enable you to log in to your user session, display the page requested in an appropriate format for your screen, allow the website to work in an optimal manner, and provide a browsing experience that: Ensures quality and security for browsing the website, namely in the process of ordering a product or service, and measures the loading times for various page elements. Stores the data entered into form fields when the user loads a different page. Allows the user to stay on the same server for an entire session duration. Redirects the user to the local website or language version that matches the country they seem to be visiting from. Manages traffic spikes. Takes into account the user's acceptance or refusal with regards to analysing the data collected on the website. In compliance with the regulation previously mentioned, they are used without requiring your consent . You can, however, block and/or delete them through your browser settings. Your user experience and browsing security may be degraded as a result. Certain pages and features may also be inaccessible (the ZXServers Client Area, shopping Cart, etc.).

Privacy Policy [v2 04/2017]

INTRODUCTION

Welcome to the ZXServers website (the "Site"). ZXServers is a global dedicated server provider that offers dedicated and VPS hosting services ("ZXServers Services"). This Privacy Policy explains what data we collect when you use our Site and/or the ZXServers Services, or otherwise interact with ZXServers, why we collect it and how that data is used. This Privacy Policy applies to Personal Data and other information collected from or about: (i) visitors to, or users of, our Site, (ii) prospective customers, and (iii) current customers (collectively, "Customers"). Please also refer to additional disclosures that may apply to your Personal Data: If you are a California resident, please see the Policy Policy for California Residents. If you are located in the European Economic Area, please see the EU Policy Policy. By using the Site and/or the ZXServers Services, and providing us with your personal data, you consent to the processing of your personal data in the manner set out in this Privacy Policy.


INFORMATION WE OBTAIN

We obtain information about you that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you ("Personal Data"). We obtain Personal Data directly from you or by way of automatic collection. Personal Data You Provide: We may obtain Personal Data from you when you interact with ZXServers, the Site, or the ZXServers Services; when you create an account using the ZXServers Manager Portal; order the ZXServers Services; communicate with us; or subscribe to our email lists. In providing the ZXServers Services to Customers, we process on behalf of Customers such Personal Data that they upload or otherwise submit to our ZXServers Services ("Service Data"). While our Customers decide what data to submit, Service Data typically includes information about their customers, prospects, employees, consultants or independent contractors, suppliers and other individuals or third parties ("End Users"). Personal Data Automatically Collected: We may collect Personal Data through the use of cookies and similar technologies. Please see our Cookies Policy for information about the specific cookies we deploy and how to manage your cookie preferences.


HOW WE USE YOUR INFORMATION

We use Personal Data to provide the ZXServers Services and to communicate with you. For example, we process Service Data on behalf of Customers for the purpose of providing the ZXServers Services to Customers in accordance with our Terms of Service or other applicable contract. Additionally, we may use your Personal Data to send you information by email on our new products or services or other promotions, or to respond when you request information about the ZXServers Services. If you previously requested or consented to receiving certain communications from us, you may withdraw your consent at any time. To do so, follow the instructions contained in each of our promotional communications in order to "opt out" of receiving future promotional information. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us using the information provided below. Please note that we will continue to contact you via email in order to respond to your requests and regarding the provision of our ZXServers Services. We also use Personal Data to analyze, administer, support, improve use of the Site and the ZXServers Services. We may also compile, anonymize and/or aggregate your Personal Data and other data and use such anonymized and/or aggregated data for our business purposes. This aggregate information does not identify you.


SHARING AND DISCLOSURE

We may share your Personal Data and other information with certain third parties to the extent permitted by applicable law. Such third parties generally include our OVH SAS and affiliates and service providers. In certain circumstances, we may share information to comply with our legal obligations, to protect and defend our rights and property, or in the context of a corporate transaction. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data and other information may be sold or transferred to a successor or affiliate as part of that transaction, in accordance with applicable law and/or contract. .


UPDATE YOUR INFORMATION

If you need to change or correct your Personal Data provided to us, or wish to have Personal Data removed from our systems, please contact us as described in the "Contact Us" section below and we will address your requests as required by applicable law.


CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy at any time. We will post all changes to this Privacy Policy on this page or notify you via other means, where required by applicable law. By continuing to use the Site and/or the ZXServers Services or providing us with information following such a replacement Policy being uploaded, you agree that you will be deemed to have agreed to be bound by the Privacy Policy as changed.

Contact us

If you have any questions or comments about this Privacy Policy, please do not hesitate to contact us at:

Email: support@zxservers.com

Privacy Policy for California Residents [v2 09/2018]

INTRODUCTION

This Policy Policy for California Residents ("Privacy Policy") supplements the information contained in the ZXServers ("ZXServers") Privacy Policy and applies solely to visitors, users, and others who reside in the State of California ("Consumers," "you," or "your"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 ("CCPA") and other applicable California privacy laws. Any terms defined in our Privacy Policy or in the text of the CCPA have the same meaning when used in this Policy Policy.


Information We Obtain

Our Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Data"). In particular, we have collected the following categories of Personal Data from Consumers within the last twelve (12) months.

Category Examples Purpose
Identifiers

A real name; alias; postal address; address; telephone number; email address; account name; social media handle; other similar identifiers

To provide you with information about the ZXServers Services that you request from us; to provision and deliver the ZXServers Services; to prevent fraudulent transactions and to maintain the security of the ZXServers Services and our infrastructure

Commercial information

Products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies

To analyze the way in which Consumers are accessing and using the ZXServers Services so that we can perform necessary marketing activities; to further improve the Site and the ZXServers Services

Internet or other similar network activity

Browsing history; search history; unique personal identifier; online identifier; Internet Protocol address; information on a consumer’s interaction with a website, application, or advertisement

To analyze how you are accessing and using our Site and the ZXServers Services so that we can further develop and improve our Site and the ZXServers Services

Geolocation data

Physical location or movements

To ensure the proper Site experience is delivered; to analyze web traffic so as to conduct marketing activities

Personal Data does not include:


  • Publicly available information from government records.
  • Deidentified or aggregated information.
  • Information excluded from the scope of the CCPA, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal Data covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the Personal Data listed above from the following categories of sources:

  • Directly from you. For example, from the information you disclose when you create an account in the ZXServers Control Panel; when you purchase the ZXServers Services; when you subscribe to our mailing list; or, when you engage our customer support team.
  • Indirectly from you. For example, from observing your actions on our Site.

Use of Personal Data

In addition to the purposes stated above, we may use or disclose Personal Data obtained from you for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the Personal Data For example, if you share your name and email address to receive information about ZXServers Services, we will use that Personal Data to respond to your inquiry. If you provide your Personal Data to purchase ZXServers Services, we will use that information to process your payment and provision the applicable ZXServers Services that you purchased.
  • To provide, support, personalize, improve, and develop our Site, your interaction with our Site, and the ZXServers Services.
  • To provide you with information that you request from us.
  • To create, maintain, customize, and secure your ZXServers Control Panel account.
  • To prevent transactional fraud.
  • As necessary or appropriate to protect the rights, property or safety of us, our customers or others.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To deliver targeted content and relevant offerings, including event registrations, alerts, offers, and ads delivered through our Site and via email (with your consent, where required by law).
  • For testing, research, and analysis of our Site and the ZXServers Services.
  • To respond to valid law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Data or as otherwise set forth in the CCPA.

Disclosure Personal Data

We may disclose each category of your Personal Data identified in the above table to another entity for a business purpose. When we disclose Personal Data for a business purpose, we enter into written agreement with that other entity which describes the purpose of the Personal Data disclosure. Amongst other things, the agreement imposes strict duties of confidentiality in regard to the handling of the Personal Data and mandates that the Personal Data not be used for any purpose except in strict performance of the services rendered under the applicable agreement. We do not sell Personal Data, including the Personal Data of minors under 16.


Changes to Our Policy Policy

We reserve the right to amend this Policy Policy at our discretion and at any time. When we make changes to this Policy Policy, we will notify you by email, through a notice on our Site, or any other method required by applicable law.

Contact us

If you have any questions or comments about this Policy Policy, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: support@zxservers.com

Legal [v3 03/2019]

Terms & Conditions

ZXServers is a provider of Internet related services such as dedicated servers, VPS and IP transit services, and the Client may from time to time require such services. This Agreement sets out the terms which have been agreed between ZXServers and the Client for the provision of such Internet services and shall be supplemented from time to time by Schedules setting out specific details of such services requested by the Client.


DEFINITIONS

In this Agreement, unless the context requires otherwise, the following words shall have the following meanings: "Abuse Complaint" is a complaint, either by ZXServers or a third party, about the Client’s use of the Services; "Bandwidth" is the data transferred by the Client using the Services to other equipment on the Internet. For the avoidance of doubt, this includes transfer of data between the Services and other equipment hosted by ZXServers; "Build Room" means the facilities provided by ZXServers, subject to availability, for the Client to perform physical maintenance on their equipment; "Control Panel" is the online portal that the Client may access at https://my.zxservers.com or another address advised to the Client by ZXServers from time to time; "Engineer" is defined as a ZXServers member of staff with competence in repairing or replacing the Hardware; "GDPR" refers to the General Data Protection Regulation (EU Regulation 2016/679); "Hardware" means the servers, firewalls, equipment, cabling and systems provided by ZXServers in connection with the Services; "IP" means Internet Protocol; "IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill; "Latency" is defined as the mean time for a packet to be transmitted between two points in the ZXServers Network; "Network Availability" is defined as the percentage of time the ZXServers Network is contactable over a calendar month; "Network Unavailable Time" is when a portion or the entirety of the ZXServers Network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the ‘Exclusions’ section of the Network Service Level Agreement; "Notified Maintenance" means essential maintenance to be carried out by ZXServers in relation to the Services, Hardware and/or Software, which has been notified to the Client; "Packet Loss" is the number of packets, as a percentage, that do not reach their destination within the ZXServers Network; "Personal data" is defined by the GDPR as any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. "Power Availability" is defined as the percentage of time the power is available over a calendar month; "Quality" refers to two metrics, Latency of the ZXServers Network and Packet Loss within the ZXServers Network; "ZXServers Network" refers to ZXServers’s routers, switches, cabling and other network equipment located in the UK responsible for connecting servers hosted by ZXServers to the outside world; "Response Time" is defined as the time from the Client making a Support Call to an Engineer commencing work on the Services; "Schedule" means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet related services requested by the Client including without limit details of the requested Bandwidth, Hardware and Software; "Scheduled Maintenance" is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates; "Services" means the Internet related services described in any Schedule made hereunder and which are supplied or to be supplied by ZXServers on and subject to the terms of this Agreement and any schedules made hereunder; "SLA" means service level agreement; "Software" means the computer software provided by ZXServers in connection with the Services; "Support Call" is defined as a telephone call by the Client to ZXServers’s telephone number, published on www.ZXServers.com.


GENERAL

The Services shall be as described in this Agreement and any associated Schedules. All Schedules shall be deemed to be an offer from the Client and shall only be deemed accepted by ZXServers when counter-signed by an authorised representative of ZXServers. In the event of any conflict between any provision in this Agreement and those in the Schedule then the provision in the Schedule shall prevail. The Client, where the Client an individual, or the person entering into this Agreement on behalf of the Client, where the Client is an entity, warrants that they are 18 years of age or older, and capable and authorised to enter into this Agreement. ZXServers reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. ZXServers shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and ZXServers shall not be liable to the Client or to any third party for any such modification or any failure to give such notice ZXServers reserves the right at its sole discretion to suspend the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a "Suspension Events"): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on ZXServers and which affects the Services and which can only be dealt with properly by suspension of the Services; (iii) if the Client fails to pay any amounts due under this Agreement when they are due; (iv) if any events occur which would entitle ZXServers to terminate this Agreement; (v) the Bandwidth used by the Client in relation to the Services exceeds the agreed level and ZXServers determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by ZXServers from time to time. It is The Client’s responsibility to keep the server files up to date. The Client is liable for any legal contracts or end user license agreements as a result of any third party software installed by The Client. In the event of a server crash, once notified, ZXServers will endeavour to reboot the Client’s server as soon as possible but offer no timed guarantee. The Client may have access to an automatic reboot switch, in which case an instantaneous reboot may be possible. ZXServers make no guarantee as to the functionality of the reboot switch, but will make all reasonable endeavours that the reboot switch is functioning properly. It is the Client’s responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Control Panel, and to ensure such contact details are current and up to date at all times. ZXServers may provide the Services to the Client from verbal or email order received by it from any authorised person. A person shall be an authorised person for the purpose of this clause if his name is listed at the time of order on the Control Panel. This Agreement together with the Schedule constitutes the whole and only agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement whether existing prior to or at the same time as this Agreement. The Agreement will be on these conditions only, to the exclusion of any other terms and conditions (including any terms and conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Client’s terms and conditions shall not apply to this Agreement.

DURATION AND TERMINATION

This Agreement shall come into effect upon the date of this Agreement and, subject to the provisions of this Agreement shall continue in force for an initial term of 1 month from the date the Services are available to the Client and indefinitely after that until terminated by either party giving not less than 30 days prior written notice to expire on or after the expiry date of the initial term. Without prejudice to any other rights to which ZXServers is entitled, ZXServers may give notice in writing to the Client terminating this Agreement with immediate effect if: 1) the Client commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified of the breach; 2) an order is made or a resolution is passed for the winding up of the Client; 3) an order is made for the appointment of an administrator to manage the affairs, business and property of the Client or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the Client or notice of intention to appoint an administrator is given by the Client or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act (1986); 4) a receiver is appointed of any of the Client’s assets or undertaking or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the Client or if any other person takes possession of or sells the Client’s assets; 5) the Client makes any arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; 6) there is a change of the ability to direct the affairs of the Client whether by virtue of the ownership of shares, contract or otherwise of the Client; 7) the Client purports to assign its rights or obligations under this Agreement. For the avoidance of doubt and without limitation, a breach of any of any of the payment provisions contained in this Agreement, or a breach of the Acceptable Use Policy is a material breach for the purposes of this Agreement. Refunds will be given only at the discretion of ZXServers.

DISTANCE SELLING REGULATIONS

Under Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000, the Client may have the right to cancel this Agreement for seven working days after the day after this Agreement has been concluded. However, it is agreed between ZXServers and the Client that the Services may commence before the end of that cancellation period, and then the Client will lose the right to cancel from the date that ZXServers provides the Client with the access details of the Services.

SUPPORT AND MAINTENANCE

Maintenance and support shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than ZXServers or its authorised representatives; or (b) software programmes or hardware supplied by the Client. The Client shall document and promptly report all errors or malfunctions of the Services, Hardware or Software to ZXServers. The Client shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from ZXServers provided the procedures specified are reasonable. The Client shall maintain a current archive copy of all software and data, and shall properly train its personnel in the use of the Services, Hardware and Software. Any problems caused by the Client to the Services, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to The Client at £20 per 60 minutes, or part thereof. For any work that will take more than two hours we will seek prior authorisation from the Client by telephone, email, fax, or post.

ACCEPTABLE USE POLICY

ZXServers’ Acceptable Use Policy ("Policy") is intended to help protect the ZXServers service, ZXServers clients and the Internet community in general from irresponsible or, in some cases, illegal activities, and the Client agrees to be bound by the Policy. 1. The Client and their end users shall not, nor shall they permit, enable, or assist others, to use the Services for any breach of any applicable law or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following: a. civil infringement of and/or criminal offences relating to copyright, trade marks or any other intellectual property right in any jurisdiction; or b. commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country; or c. knowingly or recklessly transmitting, displaying or posting to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed; or d. transmitting, transferring, displaying or posting to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or the General Data Protection Regulation (EU Regulation 2016/679) or any similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United Kingdom or the said territory or which may expose ZXServers to any retribution or penalty under the laws and/or regulations and/or decrees of the United Kingdom or any other country relating to the export of or dealing with military or potentially military resources; or e. use of the Software, Services or the Internet in any manner which is a violation or infringement of any rights of any kind or nature (whether like to any of the foregoing or otherwise) of any person, firm or company; or f. unauthorised access to the network management equipment of ZXServers or other Internet service providers; or g. forgery of Internet addresses or other fields in IP packets by the Client; or h. any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client; or i. any activity that potentially could harm the ZXServers Network, its clients’ networks or other networks, including but not limited to traffic flooding, malicious overflows, etc; or j. any activity that ZXServers decides at its absolute discretion is an unsuitable use of the Services. 2. The Client is responsible for: a. Maintaining email addresses of the forms postmaster@client.domain and abuse@client.domain for receiving complaints of network abuse activities, as suggested by Internet Official Protocol Standard RFC 2142. Typically, these email addresses will forward emails to the real user accounts of the responsible persons for treating the network misuse complaints. b. The activities of its customer base or end-users and, by accepting service from ZXServers, is agreeing to ensure that its clients abide by this Policy. If irresponsible or illegal activity continues, even after ZXServers tries to communicate with the Client, then the Client may be subject to an appropriate action in order to stop those activities. 3. All complaints related to network misuse - including email abuse - are to be sent to support@zxservers.com 4. IRC services or IRC-related services are permitted only if they do not connect to EFnet and/or Undernet. This includes, but is not limited to: "IRCd servers," "eggdrops," "bots," and "bouncers." The purpose of this restriction is to prevent attacks on the ZXServers service due to malicious activity that has been known to occur on the IRC networks EFnet and Undernet. 5. Camfrog services or Camfrog-related services are not permitted. The purpose of this restriction is to prevent attacks on the ZXServers service due to malicious activity that has been known to occur in relation to Camfrog. 6. The Client warrants that it will respond to any Abuse Complaints within 48 hours.

PAYMENT

The Client shall pay the price for the Services as set out in the Schedule. An initial payment is required before any set-up work is carried out. ZXServers invoices for regular payments monthly in advance, unless otherwise agreed in writing. The price for the Service covers Bandwidth as stated in the Schedule. If the Client exceeds this limit then ZXServers reserves the right to make additional charges for usage above the limit at its then prevailing charge rate. ZXServers will endeavour to let the Client know if its bandwidth use exceeds the agreed level, however it is the Client's responsibility to monitor the bandwidth being used by it from time to time using the Control Panel. All prices quoted to the Client for the provision of services by ZXServers are exclusive of any value added tax (VAT) for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment. The price and all other amounts due under the Schedule shall be paid by the Client by the due date as specified in ZXServers's invoice. Time for payment shall be of the essence. Payment shall only be deemed received by ZXServers upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any grounds. ZXServers reserves the right to suspend the Services in case of late payment. Any exercise by ZXServers of its right to suspend the Services in the case of late payment shall be without prejudice to any other of its rights under this agreement. Notwithstanding suspension of the Services by ZXServers the Client shall continue to pay the price for the Services in accordance with the terms of this Agreement until this Agreement is terminated in accordance with the terms of this Agreement. ZXServers understands and will exercise its statutory right to interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed terms. ZXServers reserves the right to exercise a lien over the Client’s equipment in respect of any unpaid fees and shall be entitled to sell the equipment after the expiry of thirty (30) days from the termination date in order to recoup any unpaid fees. ZXServers reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the Client.

SERVICE LEVEL AGREEMENT

This SLA applies to Services where the agreement for the Service specifically references this SLA. The objective of this SLA is to document the availability of the Service that ZXServers is to achieve. This does not constitute any additional liability to ZXServers, but instead a self-assumed obligation towards the Client. Under the conditions below ZXServers offers to pay the Client service credits if the availability defined below is not met. ZXServers shall guarantee the Network Availability and Power Availability will be 100% in any calendar month, subject to exclusions as defined below. If ZXServers fails to meet this guarantee a credit shall be available to the Client as defined below. The Network Availability and Power Availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by: - Outage periods due to any cause other than faults by ZXServers, including faults or negligence of the Client or problems associated with equipment connected on the Client's side of ZXServers delivery point, - In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of the ZXServers Network, ZXServers will proceed to disconnect the link, for benefit of the rest of users of the ZXServers Network. This disconnection won’t be cause of penalty under the SLA. ZXServers will notify the Client as soon as possible about this issue in order for the Client to repair the problems. - Outage periods reported by the Client in which no fault is observed or confirmed by ZXServers, - Any fault period during which service is suspended under provision in this Agreement, - Downtime when ZXServers technical staff cannot have access, when the Client is requested to do so for the purpose of investigating the problem and restoring the service, to Client premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by ZXServers, - The Client requesting ZXServers to test Client connection although no fault has been detected and/or reported by ZXServers, - The Client requesting ZXServers to upgrade the capacity of the service, if this operation results in an outage. - During Scheduled Maintenance affecting the Services as defined above. - Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client's network or executed against users inside the Client's network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client's responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients. Nevertheless ZXServers is available to support the customer by implementing appropriate measures on the ZXServers Network, such as limiting on ICMP bandwidth, rate limiting over clients’ ports, implementing filters or black-holing routes. Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from ZXServers applies in case of Force Majeure. Should the Client not have access to the Services as defined above due to less than 100% Network Availability and Power Availability, ZXServers shall credit the Client 0.5 days service credit for each hour when the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee for the contracted service. The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying ZXServers within seven working days in writing. This Client agrees the service credits due under this SLA are its sole remedy against ZXServers for any non-availability of the Services.

CONSEQUENTIAL LOSSES

ZXServers is not in a position to assess any consequential loss which the Client may suffer as a result of any failure of the Services, or any other default on the part of ZXServers and it would be impractical and uneconomic for ZXServers to insure against such liability. Accordingly it is the responsibility of the Client to properly assess any consequential loss that it and/or its clients may suffer and to obtain and maintain adequate insurance in relation to such losses. The Client shall also ensure that it has adequate insurance cover in relation to any loss or damage which may be caused to ZXServers and/or its clients through the negligence or default of the Client, its employees, agents, or equipment. The Client shall, as and when requested, provide ZXServers with such evidence as ZXServers may require in relation to the Client’s insurance.

INDEMNITY

The Client agrees to fully indemnify and keep ZXServers, its subsidiaries, affiliates, officers, partners and employees fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following: (i) the Client's breach of this Agreement or its negligence or other act, omission or default; (ii) the operation or break down of any equipment or software owned or used by the Client but not the Hardware and/or Software; (iii) the Clients use or misuse of the Services; (iv) the Client infringing (whether innocently or knowingly) third party rights (including without limit IPRs); (v) Denial of Service attacks targeting the client's Services.

DISCLAIMER

Nothing in the Agreement shall exclude or limit the liability of ZXServers for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers. The Client acknowledges that the allocation of risk in this Agreement reflects the price paid for the Services, Hardware and Software and that it is not within the control of ZXServers how or for what purposes they are used. If any exclusion or limit of liability in this Agreement is held to be invalid and ZXServers becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by the Client for the Services. ZXServers shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. No action, claim or demand arising out of or in connection with this Agreement may be brought by the Client against ZXServers more than one year after the cause of action has occurred. ZXServers is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond those already supplied. Neither ZXServers nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Services, Hardware or Software for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, data, business contracts, revenues or anticipated savings, or (iii) damage to the Client's reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify ZXServers from and against any claim which may be made against ZXServers in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the Client.

PRIVACY AND USE OF CLIENT DATA

ZXServers understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all our customers and others with whom we make contact and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law. These terms explain how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data. We may collect and process the following data about you: Information you give us. You may give us information about you by filling in forms or by corresponding with us by phone, e-mail, support ticket or otherwise. This includes information you provide when you register to use our services, search for a service, place an order, enter a competition, promotion or survey and when you report a problem with our services. The information you give us may include your name, job title, address, e-mail address, answer to user security question, and phone number. Information we collect about you. With regard to each of your visits to the Site we may automatically collect some or all of the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, time zone setting, browser versions, and operating system. Information we receive from other sources. We may receive information about you from third parties for the purpose of providing services to you, e.g. Credit Reference agencies, Companies House. This data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. We use information held about you in the following ways: Information you give to us. We will use this information to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about; to notify you about changes to our service; to ensure that content from our site is presented in the most effective manner for you and for your computer. Information we collect about you. We will use this information for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to allow you to participate in interactive features of our services, when you choose to do so; as part of our efforts to keep the Site safe and secure; Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive). We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept): If you are a system user then your data is kept as long as is necessary to provide our services to you. If you are a customer then your data is kept as long as is necessary to comply with applicable legal, tax or accounting requirements. Your personal data is stored in our CRM and invoicing systems. These systems abide by the GDPR and are based in the United Kingdom. If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. All subject access requests should be made in writing and sent via our secure ticketing system. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding. We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. For the avoidance of any doubt, any personal data held on the Services you take from ZXServers are outwith our access and control. Under GDPR ZXServers is neither a processor nor a controller of data held on the Services and it is your responsibility to ensure compliance with GDPR for any personal data held on the Services.

EU Privacy Policy [v2 02/2020]

INTRODUCTION

This EU Privacy Policy ("Privacy Policy") supplements the information contained in the ZXServers ("ZXServers") Privacy Policy and applies solely to customers, visitors, users, and others who are located in the European Economic Area ("EEA") (collectively, "data subjects," "you", or "your"). We adopt this notice to comply with the EU General Data Protection Regulation 2016/679 ("GDPR") and other applicable EU privacy laws. Any terms defined in our Privacy Policy or in the text of the GDPR have the same meaning when used in this Privacy Policy.


Information We Obtain

We obtain information about you that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you ("Personal Data"). We obtain Personal Data directly from you or by way of automatic collection. Personal Data You Provide: We may obtain Personal Data from you when you interact with ZXServers, the Site, or the ZXServers Services; create an account using the ZXServers Manager Portal; order the ZXServers Services; communicate with us; or subscribe to our email lists. In providing the ZXServers Services, we process on behalf of our customers such Personal Data that they upload or otherwise submit to our ZXServers Services ("Service Data"). While our customers decide what data to submit, Service Data typically includes information about their customers, prospects, employees, consultants or independent contractors, suppliers and other individuals or third parties ("End Users"). We may obtain the following categories of Personal Data directly from you:.

  • Contact information, such as your name, postal address, email address, telephone number (each whether associated with you in your personal or professional capacity);
  • Authentication data, such as user name, password, password hints, social media handle, and other similar information used to verify the identity of our customers;
  • Commercial information, such as information about the ZXServers Services you subscribe to and payment information you provide in connection with these transactions (including billing address and payment card data);
  • Professional information, such as your current or former employer and job title;
  • Preferences, such as how you prefer to communicate with us, ZXServers Service that you are interested in, or other preferences you communicate to us; and
  • Other information you provide, such as information in emails or other communications that you send to us or otherwise contribute (e.g., customer support inquiries, ZXServers blog or forum posts).

Automatically Collected Data: We or our service providers may collect technical information automatically from your computer or mobile device over time and across different Sites through the use of cookies or similar tracking technologies. A cookie is a small text file that can be placed on your computer’s hard drive with your permission. Cookies help analyze web traffic and let us know when and how you visit a particular site. Cookies allow web applications to respond to and tailor your experience with our Sites according to your individual preferences, and to remember those preference for the next time you visit the Sites. A cookie does not give us access to your computer or provide any information other than the data you choose to share. The personal information we may obtain through cookies includes:

  • Unique identifiers, such as IP address, browser type, operating system, the pages you view on the Sites, the pages you view immediately before and after you access the Sites, and the search terms you enter on the Sites, Internet or other electronic network activity information;
  • General location data; and
  • Inferences drawn from the above categories.

How We Use Your Information

To provide the ZXServers Services to customers and respond to requests: We use account-related data provided by customers to us in connection with the purchase, sign-up, use or support of customer account (such as usernames, email address and billing information) to provide you with access to the ZXServers Services and/or the Site, contact you regarding your use of the ZXServers Services and/or the Site or to notify you of important changes to the ZXServers Services and/or the Site. Such uses are necessary for the performance of the contract between you and ZXServers. When you ask for information about the ZXServers Services (for example, when you ask us to send you offers or price information), we will use your contact information to respond to your requests. Such uses are necessary to respond to or implement your request prior to entering into a contract with us. We process Service Data on behalf of customers for the purpose of providing the ZXServers Services to customers in accordance with our Terms of Service or other applicable contract. For marketing purposes: We will use your Personal Data to send you information by email on our new products or services or other promotions. We will send you such information only with your consent, which was given at the time you provided us with the Personal Data. In such case, if you do not provide us with your consent to the processing of your Personal Data for this purpose, we will not send you this information. You have the right to withdraw your consent at any time, including by following the instructions contained in each promotional communication we send you permitting you to "opt out" of receiving future promotional information. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us using the information in the “Contact us” section. Please note that we will continue to contact you via email to respond to your requests and regarding the provision of our ZXServers Services. To analyze, administer, support, improve use of the Site and the ZXServers Services: We use data relating to your use of the Site and/or the ZXServers Services to analyze, administer, support and improve your access to and use of the Site and the ZXServers Services, including fraud prevention. We may also compile, anonymize and/or aggregate your Personal Data and other data and use such anonymized and/or aggregated data for our business purposes, including sharing such data with affiliates and business partners. This aggregate information does not identify you. This use of your Personal Data is necessary for our legitimate interests in understanding how the Site and the ZXServers Services are being used by you and to improve your experience on it. Other Uses of Personal Data: We also may use your Personal Data in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law. Additionally, we may de-identify or aggregate your information and use it for other purposes as permitted by applicable law. Where we rely on legitimate interests to process Personal Data, we will balance our need to process that information with any risks such processing poses to your rights and freedoms.


Sharing and Disclosure

We may share your Personal Data and other information as follows: Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions on our behalf: providers of payment processing and fraud prevention, marketing, web analytics, hosting, email communication and customer support services, and recruiting services. Pursuant to our instructions, these parties may access, process, or store Personal Data in the course of performing their duties to us. ZXServers and its affiliate companies: In order to provide the OVHcloud Services you request from us, our parent company, ZXServers, may provide us with technical support which may entail processing of Personal Data to the extent necessary to provide you with the OVHcloud Services. Such processing is in our legitimate interest in ensuring that you may receive the OVHcloud Services you request from us. Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets. Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or lawful requests by public authorities, including meeting national security or law enforcement requirements and applicable law, rule, order, or regulation, (ii) protect and defend the rights or property of OVHcloud, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.


International Data Transfers

As permitted by applicable law, Personal Data collected by ZXServers may be stored temporarily on servers located in Canada and will be stored in the United States, where we are located. In some cases, your information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for information under applicable laws (such as those in the EEA). When we conduct such transfers, we put in place appropriate safeguards (such as the standard contractual clauses) in accordance with applicable legal requirements.


Data Retention

We retain your Personal Data for as long as necessary to carry out the purposes set out in this Privacy Notice, unless a longer retention period is required by applicable law. To determine the appropriate retention time for your Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether we can achieve these purposes through other means, as well as applicable legal requirements. In some circumstances, we may anonymize Personal Data so that it may no longer be associated with a data subject, and in such cases we may use that anonymized information without further notice to you and outside of this Privacy Notice (because, once anonymized, it ceases to constitute "personal data").


Data Subject Rights

You have the following rights in relation to your Personal Data: Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee. Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly. Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly. Right to restrict processing: You may ask us to restrict or 'block' the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly. Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere. Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so: if we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or if we are processing your Personal Data for direct marketing. Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, unless such profiling is necessary for entering into, or the performance of, a contract between you and us. Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent. Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns. You may exercise your rights by contacting us as indicated in the "Contact Us" section below.



Security

We maintain reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in light of the risks inherent in processing this information. However, the Internet cannot be guaranteed to be fully secure and we cannot ensure or warrant the security of any information you provide to us. Please keep this in mind when providing us with your Personal Data.

Changes to This Privacy Notice

We may change this Privacy Notice at any time. If we update this Privacy Notice, we will notify you by posting a new privacy notice on this page. If we make any changes that materially change the ways we process or protect your information, we will provide additional notification of the changes. By continuing to use the Site and/or the ZXServers Services or providing us with information following such a replacement Privacy Notice being uploaded, you agree that you will be deemed to have agreed to be bound by the Privacy Notice as changed.

Contact us

If you have any questions or comments about this Policy Policy, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: support@zxservers.com