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Terms of Service

  1. Game server hosting
  2. Terms of Service

Updated 08.01.2024

Terms

1. Agreement
2. Parties
3. Prices
4. Conclusion of Agreement
5. Order Confirmation
6. Payment
7. Delivery, etc.
8. Risk for the Goods
9. Right of Withdrawal
10. Duty to Examine
11. Complaints of Deficiency and Deadline for Notifying Claims for Delay
12. Buyer's Rights in Case of Delay
13. Buyer's Rights in Case of Deficiency
14. Seller's Rights in Case of Buyer's Default
15. Warranty
16. Personal Information
17. Conflict Resolution
18. Note about Children
19. Services

INTRODUCTION

This purchase is regulated by the standard terms of sale for consumer purchases of goods over the Internet provided below. Consumer purchases here refer to the sale of goods to a consumer not primarily acting as part of business activities, and when the seller engages in business activities with the sale of goods over the Internet. The contract has been prepared and recommended for use by the Consumer Ombudsman. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with non-negotiable rights. The terms of the contract should not be understood as limiting the statutory rights but set out the most important rights and obligations of the parties for the transaction. The seller may choose to offer the buyer better terms than those stated in these terms and conditions. In cases where the contract does not directly provide a solution to an issue, the contract must be supplemented with relevant statutory provisions.

1. AGREEMENT

The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering solution on the online store (including information about the nature of the goods, quantity, quality, other characteristics, price, and delivery terms), any direct correspondence between the parties (such as email), and these terms of sale. In the event of a conflict between the information the seller has provided about the purchase in the ordering solution on the online store, direct correspondence between the parties, and the terms of the sale, direct correspondence between the parties and the information provided in the ordering solution takes precedence over the terms of sale, provided it does not conflict with binding legislation.

2. PARTIES

Seller
Company Name: Evolvix AS
Email: support@elitehosting.no
Organization Number: NO VAT 931 801 848
Buyer is the person placing the order.

3. PRICES

Information about the total costs the buyer shall pay, including all fees (value-added tax, customs, etc.) and delivery costs (freight, postage, invoice fees, packaging, etc.), as well as a breakdown of the individual elements of the total price, is provided in the ordering solution before the order is placed.

4. AGREEMENT

The agreement is binding on both parties when the buyer's order is received by the seller. However, a party is not bound by the agreement if there has been a typographical or typographical error in the seller's offer in the ordering solution on the online store or in the buyer's order, and the other party realized or should have realized that such an error existed. The buyer chooses whether to pay monthly, quarterly, semi-annually, or annually. By choosing one of these options, the buyer agrees that they will be automatically charged the amount from the credit card/PayPal for the service(s) after each payment period to renew the service until canceled by the buyer. The buyer is not entitled to a refund for forgotten service cancellation or other similar reasons. All services are provided with a subscription without a fixed term and can be canceled at any time, either immediately or at the end of the paid period. A subscription means payment monthly/quarterly/semi-annually/annually, the buyer chooses the subscription themselves.

5. ORDER CONFIRMATION

Once the seller has received the buyer's order, the seller shall promptly confirm the order by sending an order confirmation to the buyer. It is recommended that the buyer verifies that the order confirmation corresponds to the order in terms of quantity, type of goods, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

6. PAYMENT

The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card for up to 4 days from the order. See the Value Added Tax Act of June 19, 1969, No. 66, Section 16. A credit card is a payment card where the settlement for the purchase occurs afterward, with the credit provider (credit card company) sending the cardholder an invoice for payment. 3 A debit card is a payment card linked to a deposit account. Using the card results in the user's account being debited, and the amount is transferred to the payee's account. Payment with a credit card will be subject to the Credit Purchase Act, etc. If the seller has a particular need to demand advance payment from the buyer, such as in the case of custom orders, the seller may demand this. Buyers under 18 years of age can only pay directly upon the seller's delivery of the goods or upon delivery of the goods by cash-on-delivery. The buyer agrees that payment provider Stripe/PayPal securely stores card information upon the first payment/subscription creation. The seller does not have access to sensitive information about the buyer's stored card information. The buyer can change/delete card information in our customer area at any time. The seller may automatically charge the buyer via stored card information/PayPal account at the end of the paid period to renew the service until canceled by the buyer - this applies to all payment methods we offer. When the buyer pays with PayPal, they create a subscription with PayPal, allowing our system to automatically deduct the amount from the PayPal account/registered credit card/debit card with PayPal at the end of the paid period to renew the service (The buyer receives information about this during payment and also agrees to this with PayPal), until the service is canceled by the buyer.

7. DELIVERY, ETC.

Delivery of the goods from the seller to the buyer takes place in the manner, at the place, and at the time specified in the ordering solution on the online store. If the delivery time is not stated in the ordering solution, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer's order. If the seller is to ensure that the goods are sent to the buyer, he must have the goods transported to the destination in a suitable manner and under ordinary conditions for such transport. The destination is with the buyer unless otherwise expressly agreed between the parties.

8. RISK OF THE GOODS

The risk of the goods passes to the buyer when the thing is taken over by the buyer in accordance with the agreement. If the delivery time has come, and the buyer fails to take over an item made available to him or her according to the agreement, the buyer nevertheless bears the risk of loss or damage due to the characteristics of the item itself.

9. RIGHT OF WITHDRAWAL

The buyer may withdraw from the purchase of the item according to the provisions of the right of withdrawal. The right of withdrawal means that the buyer can return the item to the seller without reason, even if there is no defect and even if it has not been delivered. If the customer has not used the service, i.e., not used the game server, the customer must notify the seller of the exercise of the right of withdrawal within 14 days after receiving the item and the prescribed information about the right of withdrawal and the withdrawal form. We also offer all new customers a 7-day open purchase. The customer can at any time (within the first 7 days after the product's first invoice is paid) cancel the agreement and demand a full refund. The 7-day open purchase can only be used once per customer. If the buyer receives the withdrawal form and the necessary information at a later date than the delivery of the item, the withdrawal period starts from the day the buyer receives the withdrawal form and information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will expire 3 months after receiving the item. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year. The buyer's message to the seller about the use of the right of withdrawal should, for evidentiary purposes, be in writing (withdrawal form, email, fax, or letter), and it must contain information on how the buyer will return the item to the seller. 4 Cf. model agreement prepared by the joint contract committee for the Norwegian Savings Banks Association and the Financial Industry's main organization – Agreement terms for credit cards and billing cards – consumer relations point 12, and model terms prepared by the Norwegian Savings Banks Association and the Financial Industry's main organization for payment cards point 11. 5 Act of June 21, 1985, No. 82, on credit purchases, etc. 6 Individuals under 18 years of age can only pay in the mentioned ways since they cannot incur debt, cf. the Act of April 22, 1927, on guardianship for minors (vgml.) § 2. 7 Act of December 21, 2000, No. 105, on duty to provide information and the right of withdrawal, etc. in distance selling and sales outside fixed business premises (the right of withdrawal law). 4 When using the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is obliged to refund the entire purchase amount to the buyer within 14 days from the day the seller receives the item or delivery note, or the item is made available to the seller. The seller cannot impose fees for the buyer's use of the right of withdrawal, but the seller can require the buyer to pay the return shipping costs. The buyer can examine the product before withdrawing the purchase. Nevertheless, the item must be returned to the seller in approximately the same condition and quantity as when the buyer received it. The buyer should return the item to the seller in the original packaging if possible. The buyer cannot withdraw from the purchase of goods that deteriorate rapidly, goods that, by their nature, cannot be returned, or sound and image recordings (including CDs, DVDs) or computer programs where the seal is broken. The latter exception applies only if the seller has clearly and explicitly informed about the conditions for the loss of the right of withdrawal due to breaking the seal.

10. INSPECTION OF THE ITEM

When the buyer receives the item, it is recommended that he or she reasonably examines whether it corresponds to the order, whether it has been damaged during transport, or whether it otherwise has defects. If the item does not correspond to the order or has defects, the buyer must notify the seller of a complaint per the contract's point 11.

11. COMPLAINTS ABOUT DEFECTS AND DEADLINE FOR CLAIMING IN CASE OF DELAY

If there is a defect in the item, the buyer must notify the seller that he or she will invoke the defect within a reasonable time after discovering it. The deadline can never be shorter than two months from the time when the consumer discovered the defect. However, the complaint must be made no later than two years after the buyer took over the item. If the item or parts of it are intended to last significantly longer, the complaint deadline is five years. In case of delay, claims must be made to the seller within a reasonable time after the delivery time has come and the item has not been delivered. If the item has been paid for by credit card, the buyer can also choose to complain and send a claim directly to the credit provider (credit card company).8 The message to the seller or credit provider should be in writing (email, fax, or letter).

12. BUYER'S RIGHTS IN CASE OF DELAY

If the seller does not deliver the item or delivers it late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, under the circumstances, withhold the purchase amount, demand performance, terminate the agreement, and claim compensation from the seller. Performance: If the seller does not deliver the item at the delivery time, the buyer can uphold the purchase and set a reasonable additional deadline for performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome or if performance would entail such a significant inconvenience or cost for the seller that it is in substantial disproportion to the buyer's interest in having the seller perform. If the difficulties disappear within a reasonable time, the consumer can demand performance. Termination: The buyer can terminate the agreement with the seller if the delay is significant or if the seller does not deliver the item within the additional deadline for performance set by the buyer. However, the buyer cannot terminate the agreement while the additional deadline is running, unless the seller has stated that he or she will not fulfill within the deadline. Compensation: The buyer can also claim compensation for the loss he or she suffers as a result of the delay on the part of the seller, cf. the Consumer Purchase Act § 24. The buyer must report claims to the seller by complaint cf. this contract's point 11.

13. BUYER'S RIGHTS IN CASE OF DEFECT

If the item has a defect, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchase Act, under the circumstances, withhold the purchase amount, choose between correction and redelivery, demand a price reduction, demand termination of the agreement, and claim compensation from the seller. Correction or redelivery: If the item has a defect, the buyer can demand that the seller correct the defect or redeliver a corresponding item. The seller can oppose the buyer's claim if the implementation of the claim is impossible or if it causes the seller unreasonable costs. The seller shall make the correction or redelivery within a reasonable time. Correction or redelivery shall be made without cost to the buyer, without the risk of the buyer not getting their expenses covered, and without significant inconvenience to the buyer. The seller cannot carry out more than two attempts at correction or redelivery for the same defect, unless there are special reasons that make further attempts reasonable. Even if the buyer does not demand correction or redelivery, the seller can offer correction or redelivery if it occurs without delay. If the seller ensures such correction or redelivery, the buyer cannot claim a price reduction or termination. Price reduction: If the defect is not corrected or redelivered, the buyer can demand a proportionate price reduction. Termination: Instead of a price reduction, the buyer can terminate the agreement, except when the defect is insignificant. Compensation: The buyer can also claim compensation for economic loss suffered as a result of the item having a defect, cf. the Consumer Purchase Act § 33. The buyer must report claims to the seller by complaint cf. this contract's point 11. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller.

14. SELLER'S RIGHTS IN CASE OF BUYER'S DEFAULT

If the buyer does not pay or fulfill other obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, under the circumstances, retain the goods, demand fulfillment of the agreement, demand the agreement be terminated, and claim compensation from the buyer. The seller may also, under the circumstances, be able to claim interest for late payment, collection fees, and fees for prepaid unclaimed goods. Fulfillment: If the buyer does not pay, the seller can uphold the purchase and demand that the buyer pays the purchase amount (fulfillment). If the item is not delivered, the seller loses this right if he unreasonably delays asserting the claim. Termination: In case of significant payment default or other significant breach by the buyer, the seller may terminate the agreement. However, the seller cannot terminate after the purchase amount has been paid. The seller can also terminate the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller cannot terminate while the additional deadline is running, unless the buyer has stated that he or she will not pay. Compensation: The seller can claim compensation from the buyer for economic loss suffered as a result of the buyer's breach of contract, cf. the Consumer Purchase Act § 46. Interest on late payment/collection fee: If the buyer does not pay the purchase amount according to the agreement, the seller can claim interest on the purchase amount according to the Act on Interest on Late Payment.9 In case of non-payment, the claim, after prior notice, may be sent to collection, and the buyer may then be held responsible for fees according to the Act on Collection Activities and Other Collection of Overdue Monetary Claims. Unclaimed packages will be charged a fee of NOK 200 + shipping for the round trip of the relevant order, to cover our expenses.

15. WARRANTY

A warranty provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. Thus, a warranty does not limit the buyer's right to complain and claim in case of delay or defects under points 12 and 13.

16. PERSONAL INFORMATION

Unless the buyer agrees otherwise, the seller can only collect and store the personal information necessary for the seller to fulfill the obligations under the agreement. The personal information of a buyer under 15 years old cannot be collected unless the seller has consent from parents or legal guardians. The buyer's personal information shall only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer or in cases prescribed by law. The seller can only collect the buyer's social security number if there is a legitimate need for secure identification, and such collection is necessary. 9 Act of December 17, 1976, No. 100, on interest on late payment. 10 Act of May 13, 1988, No. 26, on collection activities and other collection of overdue monetary claims. 11 Fees cannot be charged to persons under 18 years old as they cannot incur debt, cf. vgml. § 2. 12 See the Act of April 14, 2000, No. 31, on the processing of personal data. 7 If the seller wants to use the buyer's personal information for other purposes, such as sending the buyer advertising or information beyond what is necessary to fulfill the agreement, the seller must obtain the buyer's consent at the conclusion of the agreement. The seller must provide the buyer with information about how the personal information will be used and about who will use the personal information. The buyer's consent must be voluntary and given by an active action, such as ticking a box. The buyer should be able to easily contact the seller, for example, by phone or email if he or she has questions about the seller's use of personal information or if he or she wants the seller to delete or change the personal information.

17. CONFLICT RESOLUTION

The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may, in writing, request that the Consumer Council submit the dispute to the Consumer Dispute Board.13 The decision of the Consumer Dispute Board is legally binding four weeks after service. Before the decision becomes legally binding, the parties, by submitting a summons to the Consumer Dispute Board, can bring the decision before the district court.

18. NOTE ABOUT CHILDREN

Children under 15 years old cannot use our services without the consent of a parent or legal guardian. When ordering, we (the seller) cannot collect personal information from children under 15 years old. The seller cannot confirm the buyer's age, so the seller does not take responsibility for this, and it is the job of parents or legal guardians to monitor this. If this occurs, the buyer can contact us, and we will immediately delete all personal information about the registered buyer.

19. SERVICES

As a buyer, you are not allowed to use the services (servers) for cryptocurrency mining, storage of files other than files related to the service (server), DDoS attacks, or any illegal activities. Violation of this results in the suspension of the service.





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