1. TERMINOLOGY
1.1 The Company or Lancom: LAN COMMUNICATIONS LTD, with registered seat at 40, Vasileos Irakleiou St., Thessaloniki, GR 546 23. Lancom develops, operates, and maintains telecommunications infrastructure and internet services, via which it provides relevant services to third parties.
1.2 Customer: The natural person or legal entity that wishes to hire Lancom’s services, as defined in each case, and published on the company’s official website http://www.lancom.gr or in the relevant Offers.
1.3 Offer: The document, electronic or otherwise, which includes the services offered by Lancom and their cost, and which has been accepted unreservedly by the Customer.
1.4 Agreement: The services provided by Lancom to the Customer following the unreserved acceptance of the Offer and its relevant terms, the Terms of Use of Service, and Lancom’s Acceptable Use Policy by the Customer.
2. SERVICE PROVISION
2.1 Lancom undertakes to provide the services described in detail in the Offer to the Customer. The elements of this Offer and therefore the services provided by Lancom to the Customer can change following a request by the Customer and a written agreement with Lancom, in accordance with the needs and requirements of the contracting parties.
3. EFFECTIVE TERM
3.1 The effective term of the services provided, as well as the time cycle for their pricing is set out in the Offer, commencing on the date of explicit acceptance of the Offer by the Customer, as well as the Terms of Use of Service and Lancom’s Acceptable Use Policy, as published on the company’s official website at http://www.lancom.gr. Upon expiry of the contractual term, provided that all of the agreed terms are complied with and that the Agreement has not been terminated by the contracting parties for any reason whatsoever, the Agreement’s term will be renewed automatically for another thirty (30) days. The Agreement can be renewed in this manner indefinitely. However, Lancom always reserves the right to readjust the prices of the services provided; the Customer will be notified of such readjustments within a reasonable period of time.
3.2 In any case, and at any time, Lancom reserves the right to renegotiate the Agreement, in whole or in part, following written notification of the customer. If negotiations with respect to the amendment of the terms of the Agreement do not lead to an agreement within thirty (30) days, the contracting parties reserve the right to terminate the Agreement without penalty.
3.3 Unless otherwise specified, the minimum period of provision of Lancom’s services to the Customer is thirty (30) days.
4. RENT
4.1 Rent for the services provided stands at the amount agreed on in the Offer and is payable in accordance with the terms of the Offer and in accordance always with Lancom’s pricing cycle base on which the relevant invoice will be issued.
4.2 It the Customer wants to increase the number of services provided, add extra features or extend the existing ones with respect to the services provided or to new services, Lancom’s current price list shall apply and rent will be adjusted accordingly, except in case of a more recent binding Offer. Any differences in pricing, e.g. increases or decreases or additional services during the prepaid period, are always calculated within thirty (30) days at the latest, regardless of the duration of the pricing cycle for Customer Services agreed in the Offer. Lancom shall notify the Customer of the above by any appropriate means, electronic or otherwise.
4.3 In case of a dispute with respect to the amount of the rent for services provided, the Offer with the most recent date shall take precedence over the pricelist.
4.4 Charges not disputed within ten (10) days will be considered exact and accepted by the Customer. In case of a charge higher than contractually agreed on, the surplus will be credited to the Customer’s account in the next charge.
5. COMPANY OBLIGATIONS
5.1 Lancom shall make every possible effort to ensure proper operation of its network and infrastructure, shall take due care of any damage and shall take prompt steps to restore any such damage. In the unusual event of damage, Lancom is liable only in case of malicious intent or gross negligence and up to an amount not exceeding one (1) monthly rent before tax, which will be provided exclusively in the form of credit for services provided to the Customer.
5.2 Lancom shall carry out maintenance works and perform overall checks of its infrastructure from time to time• therefore, there may be a predefined period of time during which use of its operational units is not possible (scheduled downtime). The Customer will be notified, under normal circumstances, of the nature of maintenance works, of estimates with respect to the affected services and of estimates of the required recovery time, by electronic or other means, at least twenty-four (24) hours before the aforementioned works are carried out, not including cases of force majeure and extraordinary maintenance work. Lancom will make every possible effort to carry out maintenance work during hours and days which affect Customer activity as little as possible, but cannot guarantee that this will always be the case and can be achieved individually for every Customer.
5.3 Lancom guarantees to provide 99.95% proper operation time per annum for Customer services with respect to Lancom Cloud Servers and telecommunications infrastructure. As regards dedicated servers services, the guaranteed proper operation time per annum is 99.90%. This percentage does not include (among others): (a) scheduled maintenance work; (b) extraordinary maintenance work; (c) force majeure; (d) natural disasters; (e) third-party liability; (f) hardware failure; (g) Customer liability; (h) failure or malfunction of software or hardware used by the Customer; (i) discontinuation of Customer services; (j) internet connection failure or error outside the Lancom network; (k) violation of the Terms of Use by the Customer; (l) violation of the Acceptable Use Policy by the Customer; (m) cases of short-lasting service instability resulting in unavailability for less than fifteen (15) minutes in each case.
5.4 Lancom shall activate the Customer hosting account and the procedures allowing the Customer to use its services within a reasonable period of time from the latter’s activation request.
5.5 Lancom is bound by the applicable legislation on confidentiality of communications carried out via its network, as well as on the protection of personal data acquired from the Customer.
5.6 Lancom reserves the right to alter the services and products offered, as well as its pricelist. It shall however notify the Customer in due time.
5.7 For safety reasons, Lancom does not allow the Customer physical access to its facilities. The Customer will use and configure the service only via logical access provided through the internet. The Customer may physically access Lancom’ s facilities only with special permission by the company and only with respect to a specific area where the Customer’s collocation services are housed.
5.8 Lancom has a backup system for uninterrupted power supply so that it can cover the demand for electricity if the main power supply is interrupted for a short or extended period of time. In the unusual event of a system failure or force majeure which will not allow refuelling of the back-up systems, Lancom carries absolutely no responsibility for any direct, consequential or other kind of damage caused to the Customer or third parties.
5.9 In spite of its efforts for continued provision of the agreed services, Lancom cannot guarantee the complete absence of outages, errors or safety issues in case of force majeure. The Customer recognises that there are risks pertaining to the internet connection which could lead to a violation of privacy, confidential information and/or property, as well as to loss of data. Lancom is under no obligation whatsoever to provide any security services beyond those explicitly mentioned herein. Lancom waives any guarantee not explicitly mentioned herein, including tacit guarantees of marketability, suitability for a specific purpose and non violation. The Customer is solely responsible for the suitability of the service selected.
5.10 If not otherwise explicitly stated. any financial offer issued on behalf of the Customer is valid for at least fifteen (15) calendar days.
5.11 Lancom provides IP addresses to its customer only for the duration of their service. Lancom reserves the right to provide its IP addresses to other customers upon expiry of their services or following a pre-agreed period of time.
6. CUSTOMER OBLIGATIONS
6.1 The Customer must take all necessary measures to ensure the continued operation of its service, and must comply with all safety standards set by Lancom.
6.2 If the Customer wishes to hire additional services in Lancom ‘s infrastructure, then the Customer must notify the Company in writing, and the latter shall reply within thirty (30) days from the date of the written notification. If the Customer fails to pay any amounts due, Lancom reserves the right to decline the request for any or all additional services.
6.3 The Customer shall compensate Lancom if by own fault, or by fault of one of its associates, proxies, aides or assistants any adjacent or non-adjacent software, equipment and/or hardware is damaged as a result of use of the service.
6.4 The Customer shall comply with the applicable legislation and is explicitly prohibited from using the equipment and/or the service provided to commit illegal acts in violation of Greek or EU law and any international treaties and in violation of moral conventions or established business practice in general. If the Customer uses the equipment and/or service provided to directly or indirectly commit illegal acts, Lancom bears absolutely no responsibility for any damage caused to third parties, and a claim by Lancom against the Customer is not precluded with respect to any material damage or moral harm caused to the former as a result of the latter’s illegal actions.
6.5 The Customer must reply in writing by any means available to Lancom ‘s written or electronic requests within three (3) days, as regards any requests by the Authorities or any third parties, as well as requests relating to the services provided by Lancom to the Customer in general.
6.6 The Customer must immediately notify Lancom in writing of any unauthorised use of the services provided by Lancom or any other violation or suspicion thereof with respect to security matters or the leaking of confidential information relating to the Customer’s reasonable access to the services provided by Lancom.
6.7 The subletting of the abovementioned services by the Customer to a third party is strictly prohibited without Lancom ‘s prior consent. In any case, the rent corresponding to the sublease cannot be lower than that provided for in Lancom ‘s pricelist and Lancom reserves the unreserved right to refuse to consent to the subletting of its services for any reason.
6.8 The Customer receives the relevant invoice from Lancom within the first five (5) calendar days of each month, either by post or by courier or by electronic means, via Lancom ‘s website or via email. If Lancom ‘s invoice is not received on time, the Customer must notify Lancom in writing within five (5) calendar days, so that the latter can send a new copy of the relevant invoice. If Lancom fails to issue the invoice within the aforementioned time limit, the Customer is entitled to temporarily suspend payment of the price agreed for use of Lancom services which have not yet been invoiced. However, the Customer must pay the total amount due to Lancom as soon as the latter can once again issue invoices.
6.9 The Customer shall pay the price agreed on for use of Lancom ‘s services within five (5) calendar days from the date the relevant invoice is issued. In the event of non-payment within the aforementioned time limit, Lancom reserves the right to terminate the Agreement in accordance with the relevant terms of chapter 8 “TERMINATION OF AGREEMENT” as described herein, and to discontinue provision of the services to the Customer with no prior notification.
6.10 The Customer shall notify Lancom in writing of any changes to its tax information or its contact information, including to its invoicing address.
6.11 The Customer accepts that it maintains – and is under obligation to do so – backup copies of all its information hosted at Lancom ‘s infrastructure, both offline and elsewhere other than Lancom ‘s infrastructure (off-premises). In case of damage, hardware failure or damage in general to Lancom ‘s infrastructure, no guarantee whatsoever is provided with respect to the integrity of Customer data, as the latter is solely responsible for its safe keeping at its sole discretion.
6.12 The Customer states that it accepts and shall strictly comply with Lancom ‘s Terms of use of Service and the Acceptable Use Policy. All relevant documents are always published in updated form at Lancom ‘s official website at http://www.lancom.gr and their content may change at any time with no prior notice.
6.13 The Customer states that he/she is over 18 years of age if acting individually on his/her own behalf, whilst if he/she is acting on behalf of any company, that he/she has the required authorisation-power of attorney and is legitimately entitled to do so. To this end, the Customer shall provide all documents requested by Lancom for identification of the Customer’s information by any appropriate means, and guarantees their accuracy and precision.
6.14 The Customer is prohibited from using the services provided by Lancom to host high-risk services or applications, if a fall or malfunction of said services or applications (temporary or not) could result in injury, death, material or environmental damage (i.e. dams, high-voltage stations, etc.).
6.15 For safety reasons, the Customer shall reset all original passwords provided by Lancom upon activation of the Customer’s services. The Customer shall reset passwords in case of their disclosure to any third party for any reason whatsoever, including Lancom ‘s personnel. In any case, the Customer is solely responsible for the safe keeping of the Customer’s passwords and their precautionary resetting at regular, timely intervals, for safety reasons.
6.16 The Customer is prohibited from using the services and resources provided by Lancom in a manner which affects, in general, the proper operation of Lancom ‘s infrastructure, its network, its individual infrastructure, the services provided to its other customers or third-party services. More specifically, the use of “high-risk” applications which could monopolise any shared resources or result in Distributed Denial of Service Attacks (DDoS) is prohibited. In these cases, Lancom reserves the right, at its absolute discretion, to: (a) demand the termination or automatically proceed with the termination of said services; (b) limit the resources provided to the Customer; (c) refuse and immediately terminate the provision of its services, even without prior notification of the Customer, in particular in cases of force majeure.
7. EXCEPTIONS
7.1 The Terms of Use of Services, as well as the applicable levels of services do not apply in case of performance or availability issues which (a) pertain to factors falling outside the scope of Lancom ‘s reasonable sphere of influence; (b) result from the Customer’s or any third party’s material or software; (c) result from actions or omissions of the Customer or any third party; (d) can be attributed to any act or omission of the Customer or any employee, representative, contractor, supplier of the Customer that gains access to Lancom ‘s services through the Customer’s access passwords or (e) result from the use of beta and/or demo services as determined by Lancom.
8. TERMINATION OF AGREEMENT
8.1 Lancom reserves the right to terminate the Agreement if the Customer hasn’t paid the rent due. In case of termination of the Agreement due to outstanding financial obligations, the Customer is expressly prohibited from moving – uninstalling its data in whole or in part, before the outstanding amount is paid. Therefore, Lancom reserves the right to prevent the Customer from taking such action by any means possible.
8.2 In case of non-payment of the rent agreed on or of violation of any of the terms hereof, Lancom reserves the right to temporarily and without notice cease the provision of the services to the Customer. After five (5) calendar days from said temporary discontinuation of the service, Lancom reserves the right to permanently discontinue provision of its services to the Customer, deleting at the same time the bound space and therefore all of the Customer’s files and settings, including the Customer’s backup data files and the bound IP addresses. If the Customer pays the amount due in a timely fashion after the permanent discontinuation of the service, Lancom shall re-activate the Customer’s services in due time only if the relevant files haven’t been deleted. The time period during which Lancom had ceased to provide the service is counted as normal operation time and the Customer is not entitled to any kind of compensation for said time period.
8.3 Lancom reserves the right to proceed with the permanent discontinuation of the services provided without notice if the Customer the Customer uses said services once or in more instances to directly or indirectly commit illegal acts and/or activities (e.g. including: fraud, violation of intellectual property laws. etc.).
8.4 Lancom reserves the right to terminate the Agreement without penalty if the Customer violates any of its terms. Termination of the Agreement in accordance with the terms of this paragraph shall not exclude Lancom ‘s right to terminate the Agreement in accordance with other provisions or to claim compensation or exercise any of its lawful rights.
8.5 Lancom reserves the right to terminate the Agreement without penalty and to discontinue provision of its services if the use of incorrect or stolen data during the term of the Agreement is established.
8.6 The Customer reserves the right to terminate the Agreement thirty (30) days before expiry of the contractual term if the Customer no longer wishes the continuation of the lease. If the Customer enters into a twelve-month or more Agreement and terminates said Agreement without cause before the end of the initial term of the agreement, then the Customer shall pay the remaining rent to Lancom and the latter shall reserve the right to claim further compensation in accordance with the applicable provisions.
8.7 Termination doesn’t exempt any contracting party from fulfilling its obligations or from paying any overdue amounts or any amounts to become due upon termination.
8.8 The Agreement is automatically terminated if a contracting party is declared bankrupt or placed under special liquidation or mandatory administration. If the Customer is declared bankrupt or placed under special liquidation or mandatory administration then the Customer must notify Lancom promptly.
9. DISPUTE RESOLUTION – JURISDICTION
9.1 The contracting parties hereby agree that any dispute to arise from this Agreement shall be referred to the Courts of Thessaloniki and tried under Greek Law.
10. CONFIDENTIALITY
10.1 The Customer is strictly prohibited from disclosing or taking ownership of any information relating to copyright, trade secrets, patents, database rights, proprietary or non-proprietary confidential information, or know-how it becomes aware of through its collaboration with Lancom and/or through use of its services.
11. MISCELLANEOUS
11.1 All terms of this Agreement are considered material. Invalidity of one or more terms hereof shall not in any way affect the validity of the remaining terms, and in case of an invalid term, said term shall be replaced with a term which comes as close as possible to the parties’ true will.
12. DEDICATED SERVER TERMS OF USE
These Specific Terms and Conditions apply to Dedicated Servers.
12.1 MANAGEMENT AND SUPPORT
12.1.1 The Company will ensure that the Customer can contact (by telephone or e-mail) an Engineer at all times (24/7) for major faults affecting Hardware; that is, faults which materially prejudice and interrupt the operation of the Dedicated Servers. For general troubleshooting help, telephone and e-mail based assistance will be available during Normal Business Hours. All such enquiries are subject to the SLA. The management and support provided by the Company will extend to:
a) Supplying and managing all Hardware Components.
b) Ensuring that the Base Configuration is setup and available for the Customer.
c) Ensuring the network connectivity appropriate to that specified by the Service Schedule is available at all times.
d) Restarting the Server at the reasonable request of the Customer.
12.1.2 Management and Support does not include:
a) Maintenance, support or guarantee of any Core Software or software application installed on the Server, including but not limited to downloading, testing and installing any application, software update or security patch.
b) Any matters outside the scope of the Service including without limitation, responsibility for the Customer and End User Configuration Parameters and System Settings, Web site Dynamic Content, Scripts, Executable Files, the addition of SQL accounts and the setup of new Web sites.
12.1.3 The Company will take no responsibility for any Customer data stored on the Server. In the event of a Server Restore being requested by the Customer or a fault or failure affecting the Hardware or Network, the Company will not be held responsible for any loss or corruption of data resulting from such an occurrence.
12.2 SERVICE PERIOD
12.2.1 Unless otherwise terminated or suspended in accordance with this Agreement, the Dedicated Servers shall be provided for a Minimum Service Period of 6 months from the date of activation.
12.2.2 On expiry of the periods referred to in Clause 3.1 above, the Service will, unless terminated on or before the date of such expiry, automatically renew until terminated pursuant to this Agreement or until a new contract term is agreed between the Company and the Customer.
12.3 PROVISION OF SERVICE
12.3.1 The provisioning period (that is the period from receipt and acceptance by the Company of a completed Customer Order Form to commencement of the Service) for the Dedicated Servers is targeted, but is not guaranteed, within five working days. In circumstances where this provisioning period takes longer than five working days, the Company will use Reasonable Endeavours to inform the Customer on a regular basis about progress and the expected date of completion, but will not be liable or responsible to the Customer for any delay beyond the five working day target.
12.4 SERVICE LEVEL/CREDITS
12.4.1 The Company shall provide the Dedicated Servers in accordance with these Specific Terms and Conditions and subject to the applicable Service Level Agreement
12.5 CONDITIONS OF USE
12.5.1 You agree to:
a) provide an authorised technical contact, authorised contact number and password, to keep any records of such details and any other confidential information provided by us in a safe place and to take all necessary steps to ensure the security of such records;
b) without prejudice to the General Terms and Conditions, keep such information private and confidential and ensure, at all times, that it (or they) does (do) not become known to any unauthorised personnel.
12.5.2 You agree that you will notify us immediately if you become aware of any change in circumstances which may lead you to believe that such information has become known to any unauthorised personnel.
12.5.3 You are responsible for any misuse of the Dedicated Servers, including misuse by your agents or employees or any unauthorized persons. Accordingly, you must implement such security and other procedures and to take steps to ensure that others do not gain access to your account.
12.5.4 You agree not to break or attempt to break security on any of our network or affiliated networks, or to access an account that does not belong to you. You may not use scripts or programs that interfere with or deny services to other users on any other server, host, network or channel.
12.5.5 You are entirely responsible for the content of your Dedicated Server. In addition to the restrictions on the use of the Service contained in the General Terms and Conditions of Supply, the Dedicated Servers must not be used:
a) fraudulently or in connection with any criminal offence including, but not limited to, theft, fraud, piracy, drug-trafficking, money laundering and terrorism or unlawful activity;
b) to facilitate or incite terrorism, hatred, violence, sadism, cruelty, racial hatred, prostitution or paedophilia
c) to send, knowingly receive, upload, download, or use any material that violates current Greece and International laws; that is to say materials deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or pornographic, or in breach of copyright, confidence, privacy or any other rights
d) to provide any links, banners or any information regarding how to obtain access to any material which the Dedicated Servers may not be used for under the General Terms and Conditions of Supply and/or these Specific Terms and Conditions.
12.5.6 If we become aware that your bandwidth usage is such that you are likely to exceed your specified allocation (in the Service Schedule or Customer Order Form), we will use our reasonable endeavours to notify you of such. If you do exceed your specified bandwidth allocation you will be charged for such excess usage in line with our standard charges as specified in our offer.
12.5.7 Any fault with the Services, and/or the Equipment, which you detect must be reported to us as soon as possible either:
By telephone or email to Lancom’s technical support team on tel. +30 214 100 1000 during Normal Business Hours or outside Normal Business Hours with email to support@lancom.gr
12.6 CHARGES
12.6.1 Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the Customer Order Form and/or the invoice relating to such Services and/or Equipment.
12.6.2 You shall pay the charges (without any set off or deduction of any kind) on either a monthly, quarterly or annual basis as stated in the Customer Order Form and/or the invoice referred to in Clause 9.1 above.
12.6.3 All amounts payable by you in accordance with the Agreement shall be exclusive of Value Added Tax only if this is applicable due to tax policies.
12.6.4 You agree that you will notify us as soon as possible of any change in your credit/debit card or bank account details. Should you terminate the Services in accordance with this Agreement, it is your responsibility to terminate any standing order with your bank.
12.7 TERMINATION
12.7.1 Once the Dedicated Hosting Service has been activated and is available for you to use, you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period which must expire on or after the Minimum Service Period as described in Clause 3.1.
12.7.2 Unless otherwise stated, the Minimum Cancellation Notice Period is 30 days (to expire on or after the Minimum Service Period).
12.7.3 We reserve the right to terminate your Agreement in accordance with the General Terms and Conditions of Supply. Upon termination, we will delete all files and content from the Server/Hardware (including but not limited to Web pages, images and database files).
12.8 NOTICES
12.8.1 You agree to keep the contact details which you have provided to us up to date. Any notice or other information to be served by us on you in accordance with this Agreement will be validly sent if in writing and sent by either e-mail or first class post to your last known e-mail or postal address. Any notice sent by first class post will be deemed served two days after posting. Any notice sent by e-mail will be deemed served on the day that it is sent.
12.8.2 Any notice to be served on us must be in writing and sent either by pre-paid first class post to our registered office or by e-mail to info@lancom.gr Any notice sent in accordance with this sub-clause will only be deemed served if and when you have received a written acknowledgement from us.