These General Terms of Service (“Terms”) will be applied to an agreement between Kepler Technologies AB, a Swedish private limited company (AB) with Organisation number 556858-3131, having its registered address at Brogatan 9, 252 66 Helsingborg – Sweden (“Kepler Hosting”), and a customer (“Customer”) to whom Kepler Hosting provides cloud-based infrastructure and software services for the Customer’s commercial purposes (“Service”). In these Terms, Kepler Hosting and Customer are referred to jointly as the “Parties” and individually as a “Party”. You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
1. The Service
Kepler Technologies AB. (hereinafter, “Kepler Hosting,” “we,” “us,” or “our”) provides managed WordPress hosting services, software, and support through our Kepler Base platform, website, and other related application and services (collectively, the “Services”). The websites/installations created and managed by our Clients through our Services are collectively referred to herein as “Client Websites/installs”. The third-party visitors of Client Websites are referred to herein as “End User/Users”.
Kepler Hosting provides the Client with WordPress optimised dedicated virtual containers or application hosting within different cloud environments. Kepler Hosting combines services from cloud hosting providers such as Upcloud, Glesys, Wasabie and Stackpath. The Kepler Hosting platform combines these services to create The Service provided in our Kepler Base Platform.
Kepler Hosting is 100% developed from the ground up with custom optimisations, automation, and integration to service our Client’s needs and develop our products/services further.
Kepler Hosting shall provide the Client with optimised hosting services and will be responsible for the hosting itself. The Client is responsible for the content (Website, cms, content, codebase etc.) on Kepler Base platform service. A more advanced setup outside the hosting service can be provided if the Client asks for it and the Kepler Hosting team accepts the task. Other services that should be agreed outside are not in conflict with this agreement.
Kepler hosting is responsible for having www.keplerhosting.com www.keplerhosting.se and base.keplerhosting.com available at all times.
Kepler Hosting services are paid services with a pay as you go model. You pay for the resources you use per hour based on a fixed monthly price. The service shall be paid for trough our custom integration with Stripe (www.stripe.com)
The Client’s account will be automatically charged on the last day of every month in arrears to the chosen credit/debit card added by the Client. Kepler Hosting will suspend and put the hosting service on hold without notice if Client payment fails more than 5 times. Failure to pay after 14 days gives Kepler Hosting the right to suspend this agreement and other agreements with the Client.
You agree to pay for the resources used. You agree to receive the invoices in electronic PDF format. We will invoice before your card being charged. Invoices will be sent to the billing contact you designate in the Order and can be downloaded from your account (base.keplerhosting.com)
Your responsibility is to maintain accurate and up-to-date billing details and ensure the Fees are paid by the due date. If you fail to maintain accurate and up-to-date billing details, your account will be suspended until such details are provided.
3. Uploaded information & Rights of the content.
The Client is responsible for all content uploaded to each container created by the Client, and the Client is responsible for all content and information. Content could be photographs, texts, logos and such. The Client is responsible for website management, website development and all files and content on the hosting service. Kepler Hosting is not responsible for corrupt files or other content damaged by the Client. The Client is also responsible for all website or cms updates. Kepler Hosting shall never be held responsible for anything placed by the Client on the hosting service.
If the Client uses the hosting service for illegal purposes, the service can be shut down immediately without notice, and no funds will be applicable. Kepler Hosting will inform the Client if such action is applicable.
The Client agrees to be solely responsible for all content placed on the hosting service, and Kepler Hosting shall never use, claim ownership or provide other Clients with the content placed within the hosting service.
The Client agrees never to claim ownership of any of the Kepler tools within the Kepler Base Platform/service or others provided by Kepler Technologies AB.
4. Backup & Stored logs
Kepler Hosting provides backups and historical information like access logs, cache logs and error logs of the hosting service but strongly recommend that the Client keep backups outside the hosting service as an extra security.
Although Kepler Hosting and Kepler Base do perform regular backups of your site and content, we do not guarantee any loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted before being backed up or that changes during the time a backup is performed.
Kepler Hosting will support you and attempt to troubleshoot any known or discovered issues that may affect your backups.
5. Availability for third party/Uptime
Our mission is to deliver fast hosting at all times with uptime same or better than industry standards. We will keep the rights to perform scheduled and non scheduled security updates and maintenance interruptions to increase our services’ performance. Therefore Kepler Hosting shall also not be held responsible for any interruptions due to scheduled and non scheduled security updates.
If the Client exceeds the agreed limits for bandwidth usage or storage, Kepler Hosting will automatically charge or bill the Client for an upgrade of service to suit the amount of bandwidth and/or storage needs to maintain the service. Kepler Hosting will always inform the Client before, during and after such upgrade.
The Client and Kepler Hosting agree to keep information about this agreement, the service, the content, the tools, and software provided by Kepler Hosting. Any content, designs, source code, software, processes and financial numbers are confidential.
7. Price & Price changes
Kepler Hosting reserves the right to change future fees charged for the hosting service without prior notice. If the Client does not agree to any price changes, the hosting service can be cancelled at any time. The price will never change for already used resources and will only apply for new resources used from the future change date.
8. Power and authority to enter into this agreement
Client warrants that he has the authority to enter into this agreement and the power to fulfil its content.
Client agrees to hold Kepler Hosting, it’s directors, staff and agents free from responsibility from any lawsuits or any inconvenience caused by the Client.
Kepler Hosting agrees to hold the Client, it’s directors, staff and agents free from responsibility from any lawsuits or any inconvenience caused by Kepler Hosting.
10. Liability limitations
Kepler Hosting shall have no liability for unauthorised access or use of the hosting service by none approved third party. Kepler Hosting strongly recommends that the Client use secure passwords and have internal processes that keep the security level high.
11. Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
11. Termination of the agreement
Each party (Kepler Hosting or Client) can terminate this agreement at any time. The agreement will be terminated as soon as the client has removed the last hosted website/install and paid any remaining balance on the account.
Communication regarding this agreement shall be addressed as follows: Email: [email protected]