Latest revision on June 1st 2020
The following contractual conditions and terms of service are applied between:
BlackPink Hosting Services, United States, 473 Mundet Place, Hillside, New Jersey, 07205
Any person or corporation, individual, consumer or professional, private or public, wishing to receive one or more services from BlackPink and hereinafter referred to as “Customer”
Customer: Person or corporation, signing on to BlackPink general and specific Agreement terms and conditions in connection with any Service purchased from BlackPink.
Incident: Problem or malfunction encountered with the Service and under the responsibility of BlackPink. The following are considered problems which BlackPink is liable for: material, network, electrical problems, and similars.
Customer ID: Customer Account Identification for any Service purchased from BlackPink and giving access to the BlackPink restricted areas for Customers.
Diagnostic: Research undertaken by BlackPink at the Customer’s request to identify a malfunction problem of the Service.
Personal Data: Last name, first name, phone number, address, e-mail address, and all other information disclosed by the Customer in the course of its relationship with BlackPink as well as any information which may be transmitted by BlackPink to the judicial authorities.
Management Interface: Management space accessible to the Customer on BlackPink’s website upon identification by entering Customer ID and corresponding password.
Technical Support: Department in charge of advising the Customer regarding the installation and use of the Service by supplying the required documentation.
Service: Means all the services provided by BlackPink in compliance with the Service agreements entered into by the Customer.
ART1.01 – PURPOSE
The Customer acknowledges that he/it has checked the suitability of the Service to his/its needs and that he/it has received from BlackPink all the information and advice needed to enter into this agreement knowledgeably and willingly.
The purpose of this Agreement is to define the legal, technical and financial conditions of BlackPink’s agreement with the Customer.
These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by BlackPink, shall be applicable, at the exclusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of Service from the BlackPink company.
The BlackPink services offered gratuitously are also governed by these General Terms and Conditions of Service.
ART1.02 – BLACKPINK OBLIGATIONS
BlackPink agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art. BlackPink only has an obligation of means.
ART2.01 – CUSTOMER’S OBLIGATIONS AND LIABILITIES
2.01.1. The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder.
2.01.2. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. BlackPink cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer’s Services. Non-compliance by the Customer with the aforementioned points detailed in BlackPink’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give BlackPink the right to immediately disconnect and/or stop the Customer’s Services without prior notice, and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages and interest that BlackPink may claim.
2.01.3. The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The Customer also agrees to take out all required insurance policies from a well known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof.
2.01.4. The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. BlackPink is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of BlackPink, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not. The Customer additionally agrees to inform BlackPink within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords.
2.01.5. The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s).
2.01.6. The Customer agrees to communicate to BlackPink his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. BlackPink reserves the right to request supporting documentation from the Customer to ensure the accuracy of their information.
2.01.7. The Customer undertakes to settle directly with a claimant, any sum demanded from BlackPink by such claimant. Moreover, the Customer undertakes to intervene at the request of BlackPink in any proceedings brought against BlackPink and shall indemnify and hold harmless BlackPink from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that is brought against BlackPink and is related to the Customer’s obligations under this Agreement.
2.01.8. When suspicious activity (SPAM, violation of copyright, Attack, Phishing, illegal content, DoS PortScan …) is detected by BlackPink or reported by a third party, BlackPink may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 or 72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service.
ART3.01 – PERSONAL DATA
BlackPink reminds the Customer that, while providing the Service to the Customer, BlackPink may keep some of the Customer’s personal data in compliance with its regulatory and judicial obligations.
Information such as “last name, first name, mailing address, e-mail address, phone numbers, and IP connection addresses” shall be kept by BlackPink during the entire term of the Agreement and up to twelve (12) months after the expiration of the Service. The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes. Except as otherwise provided in the Specific Terms and Conditions, BlackPink shall not disclose nor sell the Customer’s personal data.
The Customer agrees that his/its personal data may be stored, handled and transferred by BlackPink to its affiliates, who shall only have access to such data in order to perform essential functions in the provision of the Service, all in strict compliance with the Customer’s privacy rights.
The Customer also acknowledges that BlackPink may communicate the Customer’s information at the request of administrative, regulatory or judicial authorities.
ART4.01 – BLACKPINK LIABILITY
4.01.1. BlackPink shall not be liable in the circumstances described below:
If the performance of this Agreement, or of any of BlackPink’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, an epidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond BlackPink’s reasonable control (“Force Majeure event”), then BlackPink, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from performing his/its obligations to the extent that his/its obligations pertain to the performance of the obligations thus barred, limited or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it.
Should the effects of this Force Majeure last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them.
BlackPink shall also not be liable the Customer causes, for example:
– a deterioration of the application;
– the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its part, or non-compliance with the advice given;
– the disclosure or illegal use of the password confidentially given to the Customer;
– fault, negligence or omission of a third party over whom BlackPink has no control or supervision power;
– a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party;
– the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer;
4.01.2. The Customer acknowledges that BlackPink authorizes other Service users to install their websites and servers in his/its facilities. BlackPink shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, BlackPink’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to BlackPink under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall BlackPink be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.
4.01.3. BlackPink does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all required steps in order to back up his/its data in the event of a loss or deterioration of such data for any reason whatsoever, including reasons not explicitly mentioned hereunder.
ART5.01 – TECHNICAL SUPPORT
5.01.1. "Incident" reporting procedure
To open an "Incident" ticket, the Customer must fill in the support form at the following address https://www.blackpink.dev/?page_id=2347 communicating to BlackPink all the information necessary and indicative of the problem, to allow the best implementation of diagnostics.
The Customer therefore expressly authorizes BlackPink to connect to the Customer service and carry out all the operations necessary for the development of a Diagnostic both at hardware and software level.
BlackPink reserves the right to refuse to perform any intervention if it detects that the Customer uses the service in violation of the signed general contractual conditions and terms of service or of the laws and regulations in force.
5.01.2. Incident takeover and development of diagnostic
Once the Incident ticket has been opened, BlackPink undertakes to carry out a Diagnostic so as to identify the origin and the cause of the malfunction encountered. If BlackPink determines that the malfunction is due to its responsibility, the cost related to the realization of the Diagnostics will be entirely assumed by BlackPink in accordance with the contractual terms applicable to the service.
On the contrary, if the Diagnostics shows that the Incident is not the responsibility of BlackPink or does not confirm its existence, the Customer will be charged the relative costs on a flat rate basis, compared to the rates available on the BlackPink website at https://www.blackpink.dev/.
5.01.3. Resolution of malfunction
BlackPink will communicate the cause of the malfunction and will indicate to the Customer the technical solutions to be made to resolve the problem.
For the resolution of the malfunction, not attributable to BlackPink, the same will send the Customer a quote corresponding to the cost of the resolution operations.
5.01.4. Conditions of payment
The sums due for the technical assistance intervention will be invoiced the month following the intervention. If the intervention is carried out near the expiry of the contract to which the intervention refers, the sum of the sums due, including those for Technical Assistance, will be invoiced simultaneously.
If the cost of an intervention is not paid, no others will be carried out and BlackPink will have the right to suspend the provision of services to the Customer.
ART6.01 – MODIFICATIONS
BlackPink may modify the terms and conditions and these contractual conditions, as well as its services by giving prior notice to the Customer. In this case, the Customer may withdraw from the contract within thirty days from the entry into force of the changes. In any case, the customer will not be entitled to a refund request.
ART7.01 – EXPIRATION, TERMINATION, LIMITATION AND SUSPENSION OF SERVICE
7.01.1. Contract expiry
The contract will lose effect on the expiry date set in the contractual terms. The contract can be renewed through the website https://www.blackpink.dev/ with the payment by the Customer of the corresponding price.
7.01.2. Contract resolution
In all cases of fault by one of the parties to its obligations, which will not be remedied within 10 days of notification of the fault to the other party, the contract will be terminated, without prejudice to all damages attributable to the faulting party.
7.01.3. Service suspension and termination
Breach by the Customer of his/its obligations as defined hereunder, including all activities specifically barred while using BlackPink services and/or any content specifically barred when using BlackPink services, and/or likely to result in civil and/or criminal liability and/or likely to prejudice a third party’s rights, shall give rise to BlackPink’s right to immediately cut off the cable and/or interrupt the Customer’s services, without any prior demand, and to immediately terminate the Service, as of right, without prejudice to any other damages BlackPink may have a right to claim.
At the end of the term of this Service, for any reason whatsoever, BlackPink shall entirely delete all the files on the Customer‘s Service.
BlackPink reserves the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the Customer uses the services provided for any activity which violates the terms and conditions of the Agreement with BlackPink or the Service objectives.
The Service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of Service offered by BlackPink provide for such sanctions in the event of a breach.
The restriction, limitation or suspension measures shall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of such breach(es).
The Customer agrees in advance that BlackPink may restrict, limit or suspend the Service offered if BlackPink receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws and regulations in force.
7.01.4. Service termination
BlackPink reserves the right to discontinue the service provided to the Customer if the methods of use of the same involve a danger for the maintenance of the security or stability of the BlackPink infrastructure. As far as possible, BlackPink will inform the Customer in advance.
ART8.01 – ACTIVATION, FEES AND PAYMENT OF SERVICE
The activation of the services will take place within 10 days of payment. In the event of failure to activate within the established term, for reasons attributable to BlackPink, the Customer has the right to terminate and obtain a refund of what has already been paid.
The rates in force for the various services and services offered by BlackPink are available for online consultation on the website https://www.blackpink.dev/ and on request by communication to the address [email protected].
The services ordered are listed on the order form, unless indicated, they are intended gross of any applicable tax and are payable only in euros.
BlackPink reserves the right to modify the costs of the services at any time. In the event that the new rates are less advantageous for the Customer, BlackPink will inform him, via e-mail or with online notice on the website https://www.blackpink.dev/, 15 days before the changes take effect. The Customer within the next 15 days of communication, may withdraw from this contract, without penalty, by giving notice to BlackPink by certified email (PEC) at [email protected] or through the support page visible at https://www.blackpink.dev/?page_id=2347. In the absence of any notice of withdrawal, the new rates are considered accepted by the Customer.
BlackPink reserves the right to charge, with immediate effect, all new taxes or any amount deriving from the increase of any tax.
Any dispute regarding billing must be sent by email to [email protected] within one month of issuing the invoice.
Payment of the tariffs can be made:
- online by credit card at the time of conclusion of the contract;
- by bank transfer;
- by means of an administrative payment order;
- through a PayPal account.
BlackPink will confirm receipt of the purchase order and payment to the Customer, as well as inform him by e-mail of the order fulfillment.
In the event of renewal, payment must be made within two days of expiration. Failing this, the service will remain suspended for the next two days after the contractual terms, upon expiry of which, in the event of payment failure, the service will be interrupted with the consequent cancellation of the data stored by the Customer, without the possibility of recovery.
The service has the duration foreseen in the purchase order. The data will be deleted without the possibility of recovery at the end of the provision of the service or as provided for by art.8.01.3.
BlackPink undertakes to make a minimum of 3 e-mail alerts before the service expires.
8.01.5. Renewal of service
BlackPink will notify the Customer, by e-mail, of the expiration of the contract and will allow the Customer to provide for payment of the renewal of the service.
In the case of payment of the renewal by bank transfer, the Customer must request the renewal with a sufficient advance to allow BlackPink to collect it before the service expires.
ART9.01 – COMMUNICATIONS
All communications and notifications to BlackPink regarding the signing of this contract are considered validly made, if transmitted according to the following options:
- Certified mail (PEC);
- Support site at https://www.blackpink.dev/?page_id=2347;
In any case, the customer is required to confirm his identity and ownership of his Customer ID by communicating an identification of his own identity (driving license, ID card, passport) attached to his Customer ID.