Terms of service ("Terms")
Last updated: June 20, 2017
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 services, you agree to comply with all of the terms and conditions set out in this Agreement. 99Stack may terminate 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: https://99stack.com/legal/tos. 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 and will always result in so called "99Stack coins" which is a internally used currency who's value corresponds to the current value of the US dollar ("USD"). Account balance can be increased through deposits of real money ("payments") from any real currency including crypto currencies such as Bitcoin, Litecoin, Ethereum, Dogecoin, Dash etc... Alternative payment methods can be arranged, please contact support for more details.
All listed prices for instances 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 may incur additional fees.
Value added tax (Swedens 25% rate applies to all customers in Europe) is deducted from your payment together with transaction fees. Your final account balance is taxed and paid for meaning that you can divide your balance with your hourly cost to calculate exact how much time in terms of hours you have left before next payments due.
For each service ("item" or "product") you buy there is a 60 days money back guarantee. This guarantee ensures that you will get most of what you paid back if requested within 60 days from the time the subscription of the affected service started. Our 60 days money back guarantee applies 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 activation of the service or subscription which you request a refund for
- 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 amount of money that hasn't already been paid to our operators. I.e if you applied $100 to your balance and request a refund after 10 hours after activating one or more subscriptions with a hourly cost of $0.1 ($1 for 10 hours) you will be refunded with $99. The remaining $1 has already been paid to our operators and thus cannot be refunded.
- Discounts, promo codes and other types of rewards applied directly to your account credit balance can not be refunded. We may only refund money that you have deposited to us.
While our system registers only payments that looks legitimate and fund your account balance there is no guarantee that your payment actually arrived. This issue may occur with providers such as Paypal, credit/debit cards, paysafecard and cashu. In case of a chargeback your account balance may end up below $0 which not only triggers a termination of your active subscriptions. It also put your account in debt.
Please note that it's your responsibility to make sure that your payment arrives and is legitimate. If you are uncertain, please pay with a crypto currency. Crypto currencies are safer and once confirmed (usually within 60 minutes for Bitcoins and 15 minutes for Litecoin) there's no risk of a chargeback or any consequences of chargebacks described above.
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 vs hourly pricing
All listed 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 amount of hours in a year (8760) with the 12 months.
We offer you a Service Level Agreement ("SLA") guaranteeing certain availability of our services. 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. 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, and 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 protected] 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 [email protected] 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 added, alternatively overloading the usage of system performance or the servers network
- Security vulnerabilities in software you added/installed causing any damage for the operator
- Usage of illegal applications or software or distribution of copyright protected material
Legally 99Stack works like a proxy between you and 60+ cloud operators. All with different terms of service. All based in different nations with different laws. We therefore have a acceptable use policy which points out some of the usage cases that is strictly forbidden everywhere. This list includes but is not limited to the forbidden cases.
99Stack cooperates with all connected clouds and affected parties to stop any violations of terms and/or laws as quickly as possible. As a result of this, you are solely responsible for your account and your servers and to make sure that you do not violate any terms and/or laws. If you're uncertain about your usage case we recommended seeking advice of an attorney.
Definition 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.
Consequences of Force Majeure: Neither 99Stack or any of our operators shall be considered in breach of this contract to the extent that performance of their respective obligations in a force Majeure situation.
- 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).
Termination and fees
Additionally we reserve all rights to terminate any of your services upon violations of our own, our operators terms or any of the applicable laws in the country where your server is located or Sweden (where 99Stack HQ is located).