Last update on the 01.12.2015
These cloud service agreement (the "agreement") by and between VAS value added services GmbH ("VAS") and you or the unit represented by you ("You", "IHR(e)"), into force on the date, on which you accept this agreement (the "effective date"). VAS and you are referred in this document sometimes as a "Party" and collectively the "Parties".
This agreement includes the terms and conditions in connection with your use or order the products and services, the VAS on the website go2azure.eu ("site") sells or provides (the "services"). Services here include any software that is included or used in connection with the service.
With the order or use of a service acknowledge this agreement and you agree to, and also declare that you have the authority to enter into this agreement for yourself and your company legally binding. By using the services, you acknowledge that you have read the terms and conditions contained herein, dispositions and cautions and understood and that you intend to keep, as well as to the terms and conditions published on the website, orders and instructions as if you had signed this agreement. If you do not accept this agreement, you are not licensed or otherwise authorized to use the services.
VAS may change the terms of this agreement at any time, even partially, or grant new terms and conditions for the services. If here unless noted otherwise, any change to this agreement effective immediately with their first publication on the page. Through use of the service after such a change, you agree to the change. If a change for you is unacceptable, you may terminate this agreement under the terms of here named.
For clarity: you agree that the terms and conditions for any third-party services are exclusively the one outlined by those third parties. VAS mediating conflicts between you and the third party providers may possibly, but agree that VAS is not responsible for third-party services.
VAS lays down the following: period of usage rights for the service / services, charges and other fees for the service / services, any special payment terms, the scope of use and the number, types and marks of permitted users, applications, servers, devices, capacities and locations, which or through which you may use the / the site included in your order. You may access or use the service / the services in any way extending beyond the scope of your use permission. If you exceed the permitted scope of use of your service / your services, immediately put VAS in knowledge and take immediately following steps: (i) prevent or correct the improper use or (ii) purchase your actual use according to additional service. You agree that VAS may audit your use of the service / services and you provide reasonable assistance in to confirm your compliance with this agreement. VAS may suspend your use of the service / the services or terminate once happened to written notice of which such a review identified non-compliance, in addition to VAS can exercise any other rights or remedies available.
They agree to the fees and charges for the services to be paid, as described during the ordering process and how it on the page appear. VAS puts you of any changes by updating the page or by notification by email or by post in knowledge.
The currency for all subscriptions is the one that was displayed during the ordering process. If you do not timely pay, you agree that VAS may cancel / the relevant service or suspend in addition to all other rights and remedies which are VAS pursuant to this agreement or by law as provided.
All prices are without taxes, customs duties, taxes or similar charges incurred at the level of the Federal Government, the countries, the municipality or elsewhere. You agree that you are responsible for the payment of all taxes, customs duties, taxes and charges of any kind and they carry, including turnover taxes, excise duties or value-added taxes, and all other similar taxes (collectively, "Taxes"), which fall in transactions under the jurisdiction of any public authority. If you are a tax-exempt entity or are exempt from any taxes herein, set a confirmation the tax exemption available after approval to this agreement. As soon as VAS a valid proof of tax exemption has, be charged VAS you no taxes, of which you are exempt.
VAS a non-zuweisbares, non-exclusive, non-transferable worldwide right to access and use of services, representing lizenzierbar VAS you under this agreement as of VAS to you hereby grants you, subject to the payment of charges, during the subscription period.
You agree that you are responsible indefinitely for the following: (i) your use of the services; (ii) to protect the names and passwords of service users and to prevent unauthorised use of the service / services, and to report these VAS; (iii) central contact person to determine the VAS on customer service or technical questions contact, and to ensure that the VAS are up-to-date contact information. (iv) the legality of the acts or omissions of any user; (v) the encryption of service and the services page to use, inasmuch as you, you will be available for all your data, which contain sensitive information. (vi) to use the service / services in the extent permitted only according to the number, types and marks of permitted users, applications, servers, devices, capacity and locations, where or which you may; use the service / the services according to the agreement, and and (vii) to use the service / the services only in accordance with the appropriate documentation.
Unless this agreement includes no contrary dispositions, your license to use any third party services provided by third parties and not of VAS and is subject to any terms of service, as by third parties are provided, including warranties (if applicable), intellectual property rights and use permits.
As part of the VAS services use certain software (including related documentation) by third-party licensors you are allowed under certain circumstances. This software is you neither sold nor distributed, and they may be used only within the framework of services and under the service conditions, as available provided by third parties, including warranties (if applicable), intellectual property rights and use permits. You may transfer such software without specific permission outside of VAS services.
As far as legally permitted, the services provided by VAS are provided in the current status and the current availability, without express or implied warranty or conditions of any kind. Other than those expressly listed warranties, VAS has any more explicit or implicit guarantee by itself. Services of third parties offered in the State, without any explicit or implicit guarantees. Any warranties for services third parties are, if any, provided by the third party provider of such services.
Testify and declare that you are the following: (i) a corporate party, prosecuting (ii) headquartered in a jurisdiction, and (iii) activities, the VAS does not commit to obtain an export license, permit, or other authorization under the applicable laws and regulations, including export control and/or sanction rules of any jurisdiction, whose Gesetzgebung may apply to these terms and conditions.
You understand and expressly agree that VAS Besides, be liable to specific, indirect, or punitive damages you across liable for any direct, indirect, including damages for profit or loss, goodwill, use, data or other intangible losses (even if VAS has been advised of the possibility of such damages cases under contract, warranty, negligence, strict liability or any other theory), arising from: (i) the failure, use or inability to use the service / the services or any content for any reason whatsoever , (ii) any claims third, that your use of the service or the content violates intellectual property rights, (iii) any action taken by VAS as part of an investigation of a suspected violation of the terms or as a result of the conclusion, that you have breached them, or (iv) any other matters related with the Dienst(en) or the content.
The initial service subscription period is the period of time specified by the page during the order process to this service. Provided explicitly in this document describe announced, the subscription for any service will automatically renew for additional periods of the same length as the original period for the service in question. You can cancel the subscription to each service, sharing at least thirty (30) days before the expiration of the then current period for the service in question with this termination VAS.
At expiration or other termination of service / the services, for any reason permitted in this agreement, you must stop using the finished service / the stopped services and VAS will not make it available. In the case of VAS refunded any pre-paid fees for such a service such a termination and wear all subscription fees, up to the end of the subscribed period. VAS may terminate at any time for any reason or for no reason this agreement and any service subscriptions, without in advance to draw your attention to.
If the services for any reason whatsoever be terminated, you agree that you pay promptly any amounts owed to VAS for the site. Any provision that is required due to its construction or for the claiming of rights and obligations, survives the termination, including the clauses on indemnification, limitation of liability and the Fort existence clause and this section (period and termination).
You may not transfer your rights and obligations without the previous written consent of VAS, neither law nor in any other way. Any such action will void your contract.
If has not otherwise here, all messages must in writing and deemed to be transmitted: (i) by personal delivery; (ii) in the case of delivery by a nationally recognized courier, once the recipient received (receipt required); (iii) on the second working day after the post office; or (iv) on the first business day after sending by E-Mail. Notices to you will be sent to your registered email address at VAS. It is important that your address is current. Notices to VAS must be sent to the following address:
VAS value added services GmbH
Hammfelddamm of 7, 41460 Neuss