Terms of Service ("Terms")
These Terms and Conditions ("Agreement") governs the use of the services ("Service" or "Services") that are made available by 99Stack. ("99Stack", "we" or "us"). Via third party operators ("operator(s)", "Operator(s)"). These terms and conditions represent the whole agreement and understanding between us and the individual or entity who subscribes to our service ("User(s)", "Customer(s)" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY. By using our service, you agree to comply with all of the terms and conditions set out in this Agreement. 99Stack may suspend your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that 99Stack believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
99Stack may, in its sole discretion, change or modify this agreement at any time, with notice in advance. Such changes or modifications shall be made effective for all users upon posting of the modified Agreement to this web address. You are responsible to read this document from time to time to ensure that your use of our services remains in compliance with this agreement.
Payments and refund policy
All payments must be in advance. Payments are converted to "99Stack coins" with a fixed value corresponding to the US dollar ("USD"). "99Stack coins" is stored in your account as "Account balance". Account balance can be increased through deposits of real money ("payments") from any real currency (including crypto currencies such as Bitcoin, Litecoin, Ethereum, Dash etc..). Alternative payment methods can be arranged, please contact support for more information.
All listed prices for servers includes: cpu/vcpu cores, memory, disk space and a monthly bandwidth limit. Additional services such as DDoS protection, licensed software, bandwidth over usage (read more), backups and snapshots will incur additional fees. See price listings for current prices.
Value added tax (Swedens 25% rate applies to all customers in Europe). VAT is deducted and reserved from your payment when a purchase is made and will not be seen in your account balance. VAT is refunded with remaining amount in the event of a refund being paid out.
For each purchase of "99Stack coins" you make, there is a 60 days money back guarantee. This guarantee ensures that you will be able to withdraw unspent balance up to 60 days. This "money back guarantee" applies only under the following circumstances:
- Your request must be submitted through our support ticket system to the billing & refund department
- Your request must be submitted within 60 days from the time your payment was made
- You agree to instant termination of affected service(s) (including all additional services if your refund cause your account balance to go down to $0) after the refund is issued
- You agree to only receive the unspent balance.
- Discounts, promo codes, free "99Stack coins" is not eligable as a withdrawable refund.
A payment provider may perform a chargeback. A chargeback is out of our control. A chargeback could result in a negative account balance and instantly terminate all your active subscriptions. 99Stack or our partners shall not be held liable for any data loss caused by chargeback(s).
Backup and data loss
You agree that your use of our services is at your own risk, and that we or our operators is not liable for any data loss. You are solely responsible for creating backups outside our service. We can not guarantee that we will be able to restore lost data, or that your content will remain unharmed as a result of the initial data loss or the subsequent restore procedure from our backup system.
We highly recommend that you establish your own routine backup procedure and that you periodically test restoring files from your backup.
Services terminated due to late payments or chargebacks can not be restored under any circumstances.
Monthly to hourly price ratio
Prices are shown in USD per hour, monthly prices are estimated by multiplying the hourly price with 730 hours. 730 hours is the average amount of hours in a month when dividing the total amount of hours in a year (8760) with the 12 months.
We offer a Service Level Agreement ("SLA") that guarantees certain availability of our service(s). If applicable, the terms of any such SLA were separately negotiated between you and us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this agreement.
To be eligible for any refunds to your account, you must follow the specific procedures set forth in the SLA for notifying us of your desire for a refund. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in loss of any right to receive such refund.
Price and specifications on active subscriptions is constant and can under no circumstanced be altered after activation. Changed prices and specifications applies only to new subscriptions created after the price or specifications was changed in listings.
We reserve the right to change prices listed on 99stack.com and it's sub domain(s) at any time, without notice. We reserve the right to modify the amount of resources given to plans at any time. It is Your responsibility to check our website(s) for plan or price changes.
99Stack respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content hosted by us and our operators infringes the copyright or other intellectual property infringement (“Infringement”) of any person. 99Stack will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these terms where it believes an infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to our services.
To notify us of a possible infringement you must submit your notice in writing to the attention of “Copyright Infringement” care via email to email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
If we remove or disable access to content in response to a notice of infringement, we will make reasonable attempts to contact the user responsible for the affected content. If you feel that your content is not infringing, you may provide us with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information in order to allow us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
You will be held solely responsible for any damage to our, or our operators services caused by your own or any of your partners actions. Such damage includes but is not limited to:
- Hardware damage caused by software you installed
- Security vulnerabilities in software you added/installed causing any damage to us or our operator
- Usage of illegal applications or software or distribution of copyright protected material
The acceptable use policy ("AUP") contains all you need to know about what's allowed or not when using our service(s). Violations in AUP may result in an instant suspension of your account and active subscriptions. Each case is investigated together with all involved parties. Suspended accounts and/or subscription(s) stays suspended during investigation.
Accounts suspended without a valid reason. (As determined after a case is resolved). Are eligable for a refund to cover the cost for the downtime. The refund is calculated by adding the hours of downtime for all affected services multiplied by the hourly price for each individual service.
Force MajeureDefinition of Force Majeure: "Event of Force Majeure" means an event beyond the control of us and any of our operators, which prevents a party from complying with any of its obligations under these terms and conditions, including but not limited to:
- Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
- War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
- Rebellion, revolution, insurrection, or military or usurped power, or civil war;
- Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
- Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors;
- Acts or threats of terrorism.
- The Party (the "Affected Party") prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
- If and to the extent that the Operator is prevented from executing the Services by the Event of Force Majeure, while the Operator is so prevented the Operator shall be relieved of its obligations to provide the Services but shall endeavor to continue to perform its obligations under the Contract so far as reasonably practicable [and in accordance with Good Operating Practices], [PROVIDED that if and to the extent that the Operator incurs additional Cost in so doing, the Operator shall be entitled to the amount of such Cost [COST BEING DEFINED AS HAVING NO PROFIT COMPONENT] (the Operator having taken reasonable steps to mitigate the Cost)].
- If and to the extent that the Operator suffers a delay during the Construction Period as a result of the Event of Force Majeure then it shall be entitled to an extension for the Time for Completion
- If an Event of Force Majeure results in a loss or damage to the Facility, then Operator shall rectify such loss or damage to the extent required by the Authority, PROVIDED that any Cost of rectification (less any insurance proceeds received by the Operator for the loss or damage) is borne by the Authority (the Operator having taken reasonable steps to mitigate the Cost).
Violations & management
Additionally we reserve all the rights to suspend accounts and/or active subscription(s) upon violations of these terms. Or any of the applicable laws in the country where you, the server or we are located (Sweden).