Virtual Server Service Order

This Service Order ("SO") is an integral and essential part of the published General Terms and Conditions for Services of Swizzonic Ltd. (https://www.swizzonic.ch/company/legal/general-conditions-of-service/?lang=en) ("T&C"). The T&C and this SO contain the terms and conditions for the supply of Virtual Server services by Swizzonic Ltd. (“Swizzonic”) to the Customer. The capitalized terms used in this SO have the same meaning as defined in the T&C. The commercial offer of VPS Cloud and VPS services published online on the Swizzonic website is an integral part of these terms and conditions.

1 - Definitions
Hardware: the machine (or machines) on which the Customer is hosted;

Virtual Machine or Virtual Server: a partition of the whole Server that is dedicated to the Customer, who may manage it exactly as a server in its own right.

Software: virtualization system, operating system (Linux or Windows) and additional software installed on the machine according to the offer purchased.

Netiquette: set of rules which, while not being imposed by government organizations or any State, govern conduct on the Web because they are shared by a large number of Web users;

Remote operations: operations performed from a separate workstation to the system console. The server is typically accessed via an Internet connection.

2 - Description of the Virtual Server System

The Virtual Server System consists of the supply by Swizzonic to the Customer of the following: - Hosting Service, - Initial installation of the latest stable and patched version of the Operating System, - Initial installation of additional software according to the offer, - Connection of the machine to the Web, - Internet bandwidth - Basic system support relating to the operating system only, as specified in the offer. The Swizzonic Server are rented to the customer, the same are located in the EU at the TransIP (a team.blue company) Data Center ("TransIP").

The personal data and contents entered by customer in the Server will be processed exclusively for of TransIP to Service and for the entire duration of the service. The Virtual Server Service is offered by means of various solutions and with features which are updated regularly on the Swizzonic website with the respective prices.

Swizzonic informs Customers that it is not possible to activate Linux and Windows operating systems simultaneously on the same server. The choice of operating system (e.g., Linux or Windows) rests exclusively with the Customer, who assumes responsibility for it. At the Customer's request, by means of the procedure stated on the control panel, Swizzonic may restore the basic system on the machine during the period of validity of this SO and the respective costs will be borne by the Customer. Swizzonic will reactivate a new basic system, deleting all the data on the machine at the time of the request. In this event, excluding any responsibility on the part of Swizzonic in this respect, the customer is advised to make a backup of the data before making such a request.

3 - Conditions of the Virtual Server System

HOUSING: The Housing service consists of hosting the hardware containing the virtual servers within the TransIP server farm. Swizzonic reserves the right in any case to transfer the assets from the aforesaid installation site to another one it believes to be more appropriate, upon prior written notice sent to the hosted Customers if the transfer has an impact on the functionality of the service. The features of the service and the procedures for delivery and use of the service by the Customer will be as stated in the offer. The Customer may only use the software by remote access. Swizzonic will supply the Customer with administrator level access codes, in respect of which Swizzonic guarantees the Customer maximum confidentiality. However, the Customer will be required to change the passwords when logging on to the system for the first time and to store them in the strictest confidence and will therefore be responsible for any harm caused to himself and to Swizzonic or other customers hosted on the same server from the aforesaid passwords being known to third parties as a result of negligent conduct on the part of the Customer.

The Customer will not be allowed to access the server farm. Swizzonic reserves the right to suspend the Customer's Virtual Server Service at any time if the Customer causes harm to Swizzonic or other customers.

HARDWARE: The hardware on which the Customer's virtual server is hosted benefits from the technical support provided by its manufacturers, according to the terms and conditions of the manufacturers themselves. No other support is due by Swizzonic. It will not be possible to perform any hardware servicing on the assigned machine. Swizzonic may, at its own discretion, replace the Hardware, in which case service interruptions may occur. Swizzonic will inform the Customer in advance, with 24 hours’ notice, of the time of interruption of the service, for which Swizzonic will not in any case be required to make any payment to the Customer. The Hardware is not covered by any insurance for the consequences of any operational failure, including loss of data or virus intrusion. In all cases, therefore, exclusive responsibility for taking out and paying for insurance to cover the software and/or content of the virtual server will rest with the Customer. In the event of a machine fault not attributable to the Customer, Swizzonic will be required exclusively to act a repair and/or replacement within the limits of the warranty supplied to Swizzonic by the Hardware production company. If interested in covering the risks arising from malfunction and/or failure of the Hardware, the Customer must take out the appropriate insurance independently and pay all the ensuing costs and charges. The Customer undertakes, under his own responsibility, not to transfer the hire of the Hardware to third parties in any respect and to respect and ensure that third parties respect Swizzonic's rights to the Hardware. Furthermore, it is expressly established that subletting of the Hardware hired by the Customer from Swizzonic will be forbidden. The Customer may at any time purchase a different Virtual Server service through his control panel. Any such request will require a new contract to be activated that will be added to the previous one. The Customer is aware that if the active machine is replaced with another one, according to the available offers, a new machine will be rented to him and he must therefore back up the content before requesting its deactivation. For efficiency improvement reasons, at its own discretion, Swizzonic reserves the right to modify the technical features and service hardware, providing Customers with equivalent technical solutions to the ones included in the service purchased by the Customer.

SOFTWARE: The software is supplied by leading manufacturers and is used differently depending on the Customer. In this respect, Swizzonic states and the Customer notes that the fee for the service will vary depending on the various forms of use chosen by the Customer. The details of the various options for use of the software are stated in the offer, which also states whether responsibility for installing the software will rest with the Customer. Finally, it is also specified that the Customer is responsible for any harm caused to himself, to Swizzonic or to other customers hosted on the same server by the inappropriate installation of software or unlicensed or malicious software, or by running malicious software or developing or running malicious software. Swizzonic reserves the right to suspend the Customer's Virtual Server service at any time and without notice if the software installed on the latter harms Swizzonic or other customers or reduces the level of security or finally is used for illegal actions or for purposes contrary to public morality.

INTERNET BANDWIDTH: Swizzonic undertakes to supply Internet connectivity. The bandwidth guaranteed will be as stated in the offer. Swizzonic will constantly monitor the bandwidth used. Swizzonic will invoice for the difference if the guaranteed threshold is exceeded. In any case Swizzonic reserves the right to limit the bandwidth to that stated in the offer, in which case, if the limit is exceeded, Swizzonic will not be held responsible for any malfunctions of the service. The Customer may purchase additional Internet bandwidth by requesting it via the control panel. The terms and conditions of use of the additional bandwidth will be the same as for this SO.

USAGE LIMITS: the Virtual Server Service is subject to a usage limit stated in the offer. If this limit is exceeded by the Customer, an assessment of the situation will be required, with a resulting adjustment being made to traffic limits and the corresponding fees. If no such adjustment is made, Swizzonic cannot be held responsible for any service malfunctions. If the Customer does not wish to follow the above indications or the above limit is exceeded, Swizzonic reserves the right to withdraw from this contract without any financial liability towards the Customer.

4 - Duties of the Customer

USAGE RULES: the Customer undertakes to use the Service in accordance with article 6 of the T&C and this SO and any other applicable law or regulation. Swizzonic will not monitor the content of the server managed by the Customer. For the duration of the OS, the Hardware will be hosted at the TransIP server farm and the Customer undertakes, under its own responsibility and at its own expense:
- to use it in accordance with local and other laws and provisions governing its operation and use;
- to use it only for legal purposes;
- to comply with any instructions given by Swizzonic regarding use of the Hardware and Software to ensure it is used correctly and appropriately.

DATA: the Customer acknowledges that he is solely and exclusively responsible for the activities performed through the Services or related directly or indirectly to him, and in particular that he is responsible for the content and communications entered, published, disseminated and transmitted on or through the Services. Swizzonic cannot be held in any way responsible for any criminal, civil and administrative offences committed by the Customer through the Service. The Customer undertakes to indemnify and, in any case, to hold Swizzonic harmless against any action, complaint, claim, cost or expense, including reasonable legal expenses, that it may incur owing to a failure by the Customer to respect the obligations assumed and undertakings given in accepting this contract and in any event connected to use of the Services by the Customer. The Customer also undertakes to respect the Netiquette rules available at http://www.nic.it/NA/netiquette.txt. In particular, the Customer warrants that he will not directly and/or indirectly engage in spamming or sending communications by email that are not authorised, requested and/or solicited by the recipients. Swizzonic reminds Customers that this practice is forbidden by Netiquette rules. If the aforesaid service is purchased on behalf of third parties (end clients) by the Customer (or, for the purposes of this article, Reseller), the Reseller will be jointly and severally responsible with the end customer. Swizzonic reserves the right immediately to suspend the Service if, at its sole discretion, or further to a report made by third parties, it believes the Customer is engaging in activities that breach the obligations stated in this article. In this case, the Customer, following an email or other form of notification from Swizzonic, must immediately eliminate the causes of the complaint or provide appropriate documentation demonstrating the full compliance of the activities he performs with current legislation. If no immediate response is forthcoming, Swizzonic will be entitled to terminate the contract immediately, subject to Swizzonic’s right to receive full payment of the fee and to take action to obtain full compensation for any losses incurred.

COMPLAINTS: the Customer is required to report any service faults by registered letter with advice of receipt within the subsequent 48 hours. Any failure to report such faults in the manner and within the terms stated above will release Swizzonic from any responsibility.

EQUIPMENT: Swizzonic does not supply the Customer with the ownership to any equipment.

5 - Responsibilities of Swizzonic

Swizzonic undertakes to use the best technology it is aware of and the best resources available to it to supply the Services that are the subject of this contract. Swizzonic guarantees the proper operation of the network equipment for connection to the Internet. Swizzonic and its sub-suppliers cannot therefore be held liable for any losses and/or anomalies that may occur in the supply of the Services that are not directly attributable to them and/or are beyond its technical control, including malfunctions in the operation of telephone and/or data communication networks or malfunctions due to defects in the means needed to gain access, improper use of the latter and/or the procedures for accessing the Services by the Customer or third parties. The Service will be available 24 hours a day, seven days a week, subject to any suspensions for maintenance work. Swizzonic will not be liable for any interruptions to the service, which it undertakes to restore as quickly as possible. Swizzonic may interrupt the supply of the service at any time if there are justifiable safety and/or confidentiality reasons, where possible providing prior notice to the Customer. Swizzonic may also, at its own discretion and for scheduled operations, modify or revise the functionality or features of its Services for technical reasons, while always guaranteeing adequate functionality. Swizzonic will not in any case be held liable in the event of a malfunction of the Service due to events that are beyond the reasonable control of Swizzonic or subcontractors whose services it uses to provide the service, such as, for example: (i) acts of God; (ii) events caused by third parties, including any interruption or malfunction of telecommunication and/or power line operator services or actions or omissions of the relevant Registration Authorities; (iii) malfunction of terminals or other communication systems used by the Customer. Swizzonic will also be exempt from any liability in the event of total or partial destruction, loss, theft, damage, or deterioration of the Hardware for any reason not arising from its negligence. In any case, any liability of Swizzonic towards the Customer for losses arising from this contract shall not exceed the total amount actually paid by the Customer to Swizzonic in the 6 months preceding the occurrence of the adverse event.

6 – Duration

Depending on the choice made by the Customer during the purchase procedure or subsequently on his control panel, this SO shall remain in force for the time stated in a) with or b) without automatic renewal.

a) In case of expiry with automatic renewal and payment by credit card, the fees stated in the "Fees and Payments" article below will be charged, according to the terms and conditions in force at the time of the renewal, as stated on the control panel, directly by Swizzonic to the Customer's credit card, following notification by email. If it is not possible for Swizzonic to apply this charge, the contract cannot be renewed automatically and will be deemed cancelled at the end of the prescribed term. In this situation, the Customer may renew the service according to the following procedure (expiry without automatic renewal) stated in point b). In the event of expiry with automatic renewal and payment by a method other than a credit card, 20 days before the expiry date, Swizzonic will renew the contract, following notification by email, and send the Customer an invoice which must be paid within the terms stated therein. The invoice and the respective payment instructions will be sent by surface post to the address held on file at the time of the order. If the Customer fails to make payment within the established time, Swizzonic may interrupt delivery of the service at any time, subject to the provisions of article 5 of the T&C.

b) In case of expiry without automatic renewal, the Customer may ask Swizzonic, using the online procedure provided by Swizzonic, to renew the service with this SO for additional and successive periods according to the terms stated on the Customer's control panel and according to the technical and financial conditions existing at the time of renewal of the service and performing the renewal procedure. If the contract is not renewed in the manner and within the terms stated above, the effects of this SO will automatically cease, without the need for any notification by Swizzonic. If the effects of the contracts cease and/or the aforesaid Conditions of Service no longer exist, in addition to the deactivation of the functions stated in the offer, all the data and material entered by the Customer on the Swizzonic server will be deleted without any responsibility for Swizzonic to maintain and/or save them. It will therefore be the Customer's responsibility to save the data on alternative media before the date of expiry if he no longer wishes to renew the service.

7 - Fees and Payments

The Fees for the Service requested are stated in the Offer. The provision of the Service is understood to be agreed at the time of payment of the fee for the Service by the means stated in the Offer. The renewal price will be the list price applied by Swizzonic at the time of the request or renewal (in case of automatic renewal) by the Customer and shown on the control panel. Payment of the fees for the Virtual Server Service must be made by credit card or other payment systems made available on the Swizzonic website at the time of payment, completing the payment form during the registration procedure.

8 – Subcontractors

The Swizzonic Server are rented to the Customer and are placed in the EU at the TransIP (a team.blue company) Data Center located in The Netherlands, part of Team.blue Group and duly appointed Head of according to art. 29 of General Data Protection Regulation UE np. 2016/697 - GDPR.