Hosting Agreement

READ THIS HOSTING AGREEMENT CAREFULLY BEFORE CLICKING THE “ACCEPT”/”CONFIRM” BUTTON. THIS AGREEMENT SHALL COMMENCE UPON THE CUSTOMER’S ACCEPTANCE OF THIS AGREEMENT BY CLICKING THE “ACCEPT”/”CONFIRM” BUTTON AND IS EFFECTIVE UNTIL TERMINATED IN ACCORDANCE WITH THIS CLAUSE.

THIS HOSTING AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AS THE CUSTOMER REFFERED TO AS THE(“CUSTOMER” OR “YOU”) AND Orckestra, NYGAARDSVEJ 16, DK-2100 COPENHAGEN. DENMARK REFFERED TO AS THE (“PROVIDER” OR “WE”)

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE “CANCEL” BUTTON.

This agreement replaces any previously agreed arrangements.

1.1    HOSTING PRODUCT

The hosting product related to this agreement is specified on the PROVIDER’s website and on the CUSTOMER’s invoice when purchasing.

Prices for extra storage, traffic, CPU etc. are set out on the PROVIDER’s website.

1.2    HOSTNG ENVIRONMENT

The hosting environment is located in a locked, cooled and fireproofed datacenter. 

 

1.3    UPTIME GUARANTEE

The PROVIDER ensures that 24-hour access exists all days of the year to the CUSTOMER's server via the Internet. 

The PROVIDER guarantees a 99% uptime during this timeframe.

A lack of availability of the hosting offering due to the following conditions shall NOT be calculated as downtime:

-  Operational hindrances in the CUSTOMER’s systems

-  Operational hindrances that the CUSTOMER is responsible for

-  External disturbances (electrical, public datanets etc.)

-  Noncritical issues, such as minor functionality errors.

-  System shutdown, in accordance with planned and properly announced maintenance windows.

1.4    BACKUP

Daily backups are made of website files and data. The CUSTOMER can restore files from backups by contacting the PROVIDER.

1.5    MONITORING

The server is monitored 24x7x365 to verify that the web service is running and the server is pingable.

1.6    SUPPORT

Support requests in the form of helping to restart services are provided by the PROVIDER during normal office hours (09:00-16:00 CET).

The support is charged according to the prices set out on the PROVIDER’s website.

1.7    OPERATIONS

The PROVIDER provides a hosting setup available with a public IP address. All hardware is owned by the PROVIDER. The PROVIDER installs Windows Server and is responsible for the operation and maintenance of Windows and IIS. Relevant updates for Windows Server and other server software are made by the PROVIDER. 

1.8    SECURITY

The PROVIDER is obliged to, by appropriate means, ensure that no unauthorized access to the CUSTOMER’s servers is made.

1.9    PRIVACY

The CUSTOMER is obliged to ensure that the transfer of data to the CUSTOMER’s systems does not conflict with the law regarding the handling of personal data according to Danish law.

The PROVIDER takes the necessary security precautions to ensure that the CUSTOMER’s data are not lost or degraded, or that they are disclosed to unauthorized persons, abused, or otherwise handled in discordance with the laws regarding the handling of personal data.

1.10  CONFIDENTIALITY

The PROVIDER and his employees must observe absolute silence with regard to any information relating to the CUSTOMER or third party relationship, on which the PROVIDER comes to the knowledge through this contractual relationship. This does not include information that is already publicly known or conditions intended to come to the knowledge of third parties. The CUSTOMER is imposed an equivalent obligation with respect to the PROVIDER’s information.

1.11  LIABILITY AND LIMITATION OF LIABILITY

The PROVIDER’s liability will be according to Danish law. The PROVIDER's liability does not include indirect losses of any kind, such as loss of profits, loss of goodwill or the like. There shall be no compensation for loss of or damage to data.

The PROVIDER is also not liable for deficiencies that do not relate to the solution, but to outside influences, including but not limited to, other programs, failure of communication lines, and a third party's abuse of the solution. The PROVIDER is also not responsible for the integration or interaction between the solution and the CUSTOMER or its other suppliers’ IT environment and organization.

1.12  TERMINATION AND BREACH OF CONTRACT

Either Party may at any time in writing, and with three months' prior notice to the end of a payment term, terminate this agreement.

1.13  PAYMENT CONDITIONS

Payment for hosting and Services shall be at prices and under terms stated on the PROVIDER’s website, as otherwise stated by Orckestra from time to time. All prices are exclusive of taxes (VAT or otherwise), which may or may not be added to the price, depending on applicable law and the legal residence of the Customer.  

Payment shall always be made in advance for the entire subscription period unless specifically agreed otherwise.

BY ACCEPTING THIS AGREEMENT THE CUSTOMER ACCEPTS THAT THE PROVIDER DOES NOT REFUND ANY FEE IF THE HOSTING SERVICE IS ACTIVATED OR TAKEN INTO USE AND ONCE THE FEE PAYMENT IS MADE TO THE PROVIDER THE CUSTOMER WILL HAVE NO RECOURSE FOR RECEIVING A REFUND OF ANY PART OF THE HOSTING FEE.

Approximately every 6 months the PROVIDER will calculate the average usage (traffic, storage etc.) and adjust the fee according to the prices set out on the PROVIDER’s website.

1.14  FORCE MAJEURE

If this Agreement’s compliance is fully or partially prevented or significantly impeded by circumstances outside the control of the parties and the party not reasonably should have foreseen this at the conclusion of the contract or should have avoided or overcome, then duties are suspended to the extent relevant to the circumstances and for the time in which the circumstances are in effect.

1.15  GOVERNING LAW AND VENUE

This Agreement is governed by Danish law and any disputes relating to the Agreement shall be settled by the ordinary courts in the PROVIDER’s domicile.