GetLark Terms of Service

§1. General Statements

  1. Terms of Service concerns the conditions of providing services for Clients.
  2. Terminology:
    1. Service provider GetLark Inc. Registered in 9600 Escarpment Blvd, Suite 745-116, Austin, TX78749, USA.
    2. Client - receiver of services delivered by Provider.
    3. Hosting services - Client receives access to offered storage space and a part of server resources. Technical parameters are described in the price offer displayed on GetLark website getlark.com/hosting, getlark.com/resources
    4. Services - services offered by Service provider on terms described in Terms of Use
    5. Trial Period - a possibility of testing services for free by Client. Availability of trial periods is described on the Service Provider's websites.
    6. Domain name - an unique alphanumeric string available with the extensions offered by this domain registry.

§2. Conclusion of contract

  1. Conclusion of contract in each case is followed by Client's registration (excluding these agreement signed in paper version).
  2. Client is allowed to test services during trial period if available for particular service
  3. By registering client:
    1. declare that provided personal/company data are correct. In case of detection of fraud service provider is allowed to cancel the contract immediately.
    2. declare to follow Terms of Service
  4. Contract has no termination period.
  5. The moment of entering into a contract between the parties is deemed to be the moment of receipt of the payment to the bank account of the Service Provider or the signature of the contract in writing.
  6. Service provider is obliged to deliver ordered services within 24 hours counting from the moment of contract conclusion.

§3. Payments

  1. Client is obliged to make a payment within 14 days starting from the day of pro-forma invoice issuance date.
  2. Upon receipt of the payment, the Customer extends the period of validity of the Service for the subscription period specified in the offer..
  3. Subscription period is counted from the day of service activation.
  4. In case of not receiving payment, Provider is allowed to block delivered services within 24h starting from the moment of ending subscription period. Delete of hosting service takes place after 4 days from ending subscription period.
  5. VAT invoice is issued within 24h of receiving the payment from Client.
  6. Client agree to receive online invoices
  7. Client has a possibility to change the service package for cheaper or more expensive if current offer includes this feature.

§4. Duties and responsibilities of Service Provider

  1. Service provider guarantee uptime of 99,9% during the year. For each started hour of hosting unavailability not caused by circumstances mentioned in §4 p.2 Client receives 1 day of subscription period extra.
  2. Provider reserves the right to conduct short neccesary technical services. If estimated downtime may be longer than 10 minutes, provider is obliged to inform Clients about that fact
  3. Provider secure backup copies of data every 12h. Frequency of saving backups may be different due to situations mentioned in §4 p.2
  4. Provider commit to maintain technical enviroment constantly and protect personal data.
  5. Provider commit to remove all malfunctions caused by own actions immediately after the situation occurs.
  6. Concerning services offered to clients provider is not responsible for:
    1. Business benefits and opportunities lost by Client.
    2. Content and scrips uploaded by Client to provider's servers
    3. Services shared by Client to third-parties
  7. Provider reserves the rights to suspend services or cancel the agreement when:
    1. Client violate terms of service
    2. Services are used against the law
    3. Services are used to attack other servers in the Internet
    4. Services are used in improper way and endanger the stability of network
  8. Service provider commit to return transfered money during 30 days from service deployment as a part of "satisfaction guarantee" program.

§5 Client responsibilities

  1. Client state that:
    1. No backup copies would be created on hosting diskspace
    2. Service will not be used as data repository
    3. Service will not be used to send spam e-mails
    4. Services will be used in proper way - website hosting.
    5. No illegal data will be distributed through the Service
    6. Client is an owner of devices that allows to use Services via Internet
  2. Client is responsible for all actions taken by users in case of passing login credentials to third-party.
  3. Client agree for collecting personal data for marketing purposes.

§6.Referal program

  1. Amount of commision offered per single recommendation in referral program is displayed at getlark.com
  2. Service provider is obliged to transfer money to appropriate bank account within 14 days
  3. Cash transfer order will be issued when the minimum value of transfer: 25 USD is reached.
  4. All necessary taxes will be deducted from the payment

§7. Domain names

  1. The customer orders domains through the service provider's web site.
  2. Domain Registration is provided upon receipt of payment for the Service.
  3. The Customer agrees to provide the relevant Domain Registrars with personal data in order to enable the Service Provider to implement the Service.
    1. Registrar for gTLD domains is HEXONET GmbH
    2. Registrar for ccTLD domains is TUCOWS INC
  4. The Client declares that he has read and accepts without reservation the contents of the terms of registration of the Domain. Available on the web pages of registers or registers indicated in §5.3.
  5. The Client undertakes to provide correct data to enable the registration of the Domain
  6. The Service Provider is not responsible for the registration of the Domain by another user of the Internet as a result of late payment for the Service or other technical faults resulting from Customer's fault.

§8. Final statements

  1. The Service Provider reserves the right to amend the Terms and Conditions
  2. The Service Provider is obliged to inform Clients about the amendment of the regulations at least 7 days before the entry into force of the amendments
  3. Complaints about dissatisfaction with provided Services should be addressed to the mailing address or email address help@getlark.com.
  4. Consumers have the right to withdraw from the Services within 14 days of their launch.