(1) Scope, amendments
(1.1) These General Terms and Conditions of Zinglo (further named Zinglo) shall apply in respect of all services rendered by Zinglo.
(1.2) Zinglo shall render all services exclusively on the basis of these GTC. This shall also apply particularly where the customer uses general terms and conditions and these contain terms which are contrary to or which deviate from the GTC specified herein. The GTC specified herein shall also apply where Zinglo carries out the customer’s order without reservation knowing that the customer has terms and conditions which are contrary to or which deviate from the GTC specified herein.
(1.3) Zinglo may amend these GTC on giving reasonable notice. If the customer does not object to the amendment within a time period defined by Zinglo, the amendment shall be deemed agreed. Zinglo shall inform the customer in the notification of amendment that the amendment will take effect if the customer does not object within the time.
(1.4) Zinglo may send information and communications concerning the contractual relationship to the customer‘s e-mail address.
(1.5) Information about the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Zinglo, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us (Zinglo, firstname.lastname@example.org) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested to begin the performance of service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract) to (Zinglo, email@example.com)
I / We share / share (*) hereby give notice that I / we our agreement relating to the sale of the following goods * / provision of the following service (*) withdraw from my / (*) Ordered on (*) / received on (*): ________________________________________ Name / s of consumer (s): _______________________________________________ Address of consumer (s): ______________________________________________________ Signature of consumer (s) (only if this form is notified in writing): _______________________________ Date: _______________________________________
(*) Delete as appropriate.
End of the information about the right of withdrawal
The preceding right of withdrawal does not apply, if the contract is attributed to your commercial or professional practice.
(2) Contractual relationship
(2.1) The contractual relationship concerning the registration of the domain shall be established directly between the customer and the registry or the registrar. Zinglo shall commission the registration of domains on an agency basis for the customer, provided Zinglo is not itself the registrar for the top-level domain (TLD) concerned.
(2.2) The top-level domains are registered and administered by various organisations. In addition to these General Terms and Conditions of Business, shall apply to each Top Level Domain. The aforementioned linked allocation guidelines are part of this Contract.
(2.3) The data for domain registration are passed on to the relevant registries by means of an automated process. The customer can only assume actual allocation once the Internet service is provided under the desired domain. No guarantee can be given that any domains ordered will be allocated.
(2.4) The customer agrees that the registration of a domain can be suspended, deleted or transferred and that the status of the domain name can be altered and/or that a block may be placed and maintained on registration of a domain name in order (1) to correct errors by the registrar or the registration office in the registration of the domain, (2) to resolve disputes concerning the registered domain, where this is in compliance with a regulation of the Internet Corporation for Assigned Names and Numbers (ICANN), the registration office or the registrar, (3) to protect the integrity, security and stability of the registration system of the respective top- level domain, or (4) to comply with all applicable statutes, administrative regulations or requirements, (legitimate) enquiries from law enforcement authorities or other relevant authorities.
(2.5) A .asia domain can only be registered if at least one of the points of contact is a legal entity within the .asia community. Zinglo shall provide such a point of contact for all customers free of charge. The organisation selected by Zinglo shall be registered as technical point of contact (Tech-C) for the domain and shall function as CED point of contact in accordance with No. 3.1 of the .ASIA Charter Eligibility Requirement Policies. The provision of an individual CED point of contact by the domain holder or by Admin is not possible.
(2.6) A change in the provider of the domain that also leads to change of the registrar is possible no earlier than 60 days after registration.
(3) Services rendered by Zinglo
(3.1) The scope of the individual services shall be in accordance with the description of services current at the date of the order.
(3.2) The availability of the Zinglo server and data paths up to the point of transfer onto the Internet shall be at least 99% as an annual mean.
(3.3) Zinglo regularly carries out maintenance work to its systems to secure the operation of the network and to maintain the integrity of the network, inter-operability of the services and data protection. For these purposes, it can temporarily suspend or limit its services, duly taking into account the customer’s interests, provided this is substantiated by sound reasons. Zinglo shall carry out maintenance work, as far as possible, during downtimes. If it is necessary to suspend or limit services temporarily for longer periods, Zinglo shall inform the customer in advance of the nature, extent and duration of the interference, in so far as this is objectively possible under the circumstances and where the provision of notification would not delay the cessation of existing interruptions.
(3.4) Zinglo can alter its services insofar as this is reasonable for the customer, while duly taking into consideration the interests of the customer and of Zinglo.
(3.5) Where static IP addresses are provided, Zinglo reserves the right to change the IP address allocated to the customer, provided this is necessary for technical or legal reasons.
(3.6) To the extent necessary and reasonable, the customer shall cooperate in the event of a change, e.g. by re-entering access data or making simple adjustments to its systems.
(3.7) Handing the use of servers (wholly or in part) to anonymous third parties is prohibited.
(3.8) Use of servers to provide anonymization services is excluded.
(3.9) In the event of defects, the statutory rules pertaining to the warranty for defects shall apply.
(4) Copyrights, reservation of title
(4.1) Zinglo shall grant to the customer a simple right of use of the software, programs or scripts provided, limited for the duration of the associated contractual relationship. No rights of use may be granted to third parties. In particular, sale thereof is not permitted. Once the contractual relationship has come to an end, the customer shall not continue to use copies of software supplied but shall delete them. These provisions shall not apply in respect of open source programs, the associated license conditions applying exclusively there to.
(4.2) In addition, the license terms of the relevant manufacturer shall apply.
(4.3) The content, text, images, animations, film and sound materials provided by Zinglo may be used by the customer during the term of the contract exclusively to design the Internet presence covered by the contract. No rights of use may be granted to third parties. Following termination of the contract, the materials are to be deleted.
(4.4) In the event of a breach of these provisions, Zinglo may block the Internet presence where the content or software of the Homepage Toolkit is used contrary to the terms of the license, or the project in respect of which the Site Builder is used contrary to the terms of the license, pending provision of evidence of lawful use.
(4.5) Hardware and other goods shall remain the property of Zinglo until payment in full of the relevant invoice.
(5) Payment Terms
(5.1) Payment via Ideal, Paypal, Skrill, Bank Wire Transfer, and funds from your virtual wallet. When paying for your product you are going for a year or a month contract with Zinglo. Upon approval of the payment you will receive your products.
(5.1.1) All deposits you add to your wallet are non-refundable.
(5.2) The payment is also your signature to the contract with Zinglo
(5.3) If you don’t want to extend your contract you have 1 months before the end of the contract to inform us.
(5.4) The stream hosting has no notice period as you pay per month, half a year or a year and in that time if you don’t pay the assigned port will be released at the end of the contract.
(5.5) The VPS (virtual private server) is paid per Month or per year, If you pay per year you’ll pay in advance. Which means if you buy it in January then you’ll get a new invoice in November which should be paid in December. If you pay per month you’ll get an invoice 2 weeks before the end of the month And if you don’t pay in time your server will be blocked ( if server get blocked you lose all info on it )
(6) Obligations of the customer
(6.1) The customer shall be obligated to provide necessary data completely and correctly and to provide notification of changes without delay. This shall apply, in particular, to address details, bank account details and the email address and, in the case of a domain order, the data described in Clauses 6.2.1. to 6.2.4.
(6.2) The customer shall be obligated to cooperate to a reasonable extent in the ordering, transfer and deletion of domains, the amendment of entries in the registry databanks and in the change of providers and registrars. The customer shall be obligated to respond within 15 days to queries by Zinglo or the registrar concerning the accuracy of the data. This relates, in particular, to the following:
(6.2.1) name and postal address, email address, telephone number and, where applicable, fax number of the domain holder; if the domain holder is a business or an organization, additionally the name of the person responsible for the domain;
(6.2.2) name, postal address, email address, telephone number and, where applicable, fax number of the technical point of contact for the domain;
(6.2.3) name, postal address, email address, telephone number and, where applicable, fax number of the administrative point of contact (Admin-C) for the domain;
(6.2.4) where the domain holder provides its own name servers, IP addresses of the primary and secondary name servers, including the names of these servers.
(6.3) If the data to be provided under the respective registration conditions for a domain prove to be inaccurate, Zinglo can have the domain deleted.
(6.4) Where the customer is not the domain holder and/or passes on personal data of third parties, in particular of Admin-C or of the technical point of contact, it shall inform the third party of the transmission of their personal data and shall obtain their agreement to the collection, use, transmission and disclosure of data for the purposes of performing the contract.
(6.5) The customer undertakes to change assigned passwords without delay. The customer shall be responsible for choosing and using secure passwords. The customer shall manage its passwords and other access data with care and keep them secure. The customer shall be obligated to also pay for such services as are used or ordered by third parties via its access data and passwords, insofar as that party shall be responsible for such an occurrence.
(6.6) The customer shall be obligated to configure its systems and programs in such a way that neither the security or integrity, nor the accessibility of systems, networks and data of Zinglo or third parties shall be impaired.
(6.7) The customer alone shall hold administrator rights in the case of certain servers. Zinglo cannot administer these servers. It shall, therefore, be the responsibility of the customer to install security software, to remain informed on a regular basis of lacunae in security that become known and to eliminate those lacunae in security that are known. The installation of maintenance programs or other programs provided or recommended by Zinglo shall not release the customer from this obligation.
(6.8) The customer shall generate back-up copies of all data. If data recovery on the systems of Zinglo is necessary, the customer shall transmit the data sets in question – again free of charge – to the Zinglo server.
(6.9) The customer shall ensure that its domain(s) and content do not breach statutory regulations or third party rights.
(6.10) The customer undertakes, further, not to offer any domains or content for retrieval that are/is of an extremist (in particular right-wing extremist) nature or that show/s content that is pornographic, commercially erotic, violent or that glorifies violence, or is racist, discriminatory, harmful to minors or seditious, nor domains or content that incite criminal acts or amount to instructions for such acts. This shall also apply where such content is made available via hyperlinks or other links that the customer provides on sites of third parties.
(6.11) The use of the Zinglo services to disseminate malware or improperly operating botnets, to send spam communications or for phishing, for trademark and copyright infringements or piracy or fraudulent or misleading practices, or counterfeiting or other behaviour that infringes applicable law, is prohibited.
(7) Legal consequences of infringing and compromising rights
(7.1) Zinglo can block services where systems operate or respond in a way that deviates from standard operating behavior, thereby impairing the security, integrity or availability of systems, networks, and data of Zinglo or of third parties as defined in Clause 6.6. This shall also apply where Zinglo suspects the occurrence of such impairment based upon objective evidence. Clarification is made of the fact that this provision shall also apply in respect of so-called denial-of-service attacks (hereinafter “DoS attacks“) that the customer conducts via its servers or for which the customer’s servers are used by third parties. In the event of an intentional act by the customer, Zinglo can terminate the contractual relationship without notice.
(7.2) If a server is repeatedly the target of DoS attacks and if such repetition is anticipated, Zinglo can terminate the contractual relationship without notice following a warning if it is not reasonably possible for Zinglo to prevent the anticipated future DoS attacks or their effect on other systems.
(7.3) If third parties credibly show that content or domains infringe their rights, or if it appears probable based upon objective evidence that domains or content may breach legal regulations, Zinglo can block the content for the period during which the infringement of rights or the dispute with the third party over the infringement of rights persists.
(7.4) If such potential infringement of rights is perpetrated by a domain, Zinglo can also take measures that make the domain inaccessible. In cases where it appears certain on the basis of objective evidence that an infringement of rights has been perpetrated by a domain, Zinglo can terminate the contractual relationship without notice.
(7.5) In the instance of content being offered or presented, consistent with Clause 6.10, instead of only imposing a block, Zinglo can also effect termination without notice.
(7.6) If the customer breaches a prohibition under Clause 6.11, Zinglo can block services.
(7.7) Zinglo can, on the basis of objective criteria, reject emails directed to its customers if circumstances justify the assumption that an email contains malware, or if the sender information is false or disguised or if an unsolicited or disguised commercial communication is involved.
(7.8) Zinglo’s claim to fees shall continue while a service is blocked for the foregoing reasons.
(7.9) In addition, in the event of culpable breaches of obligations under Clause 6 on the part of the customer, Zinglo can demand flat rate compensation of €50.00. The parties retain the right to prove lower or higher levels of damage.
(7.10) The domain holder shall indemnify Zinglo, the registrar, the registry and ICANN and, respectively, its lawful representatives, employees, agents and other affiliates in respect of third party claims for compensation of any kind arising from the registration of the domain. This obligation shall continue to subsist beyond the term of the registration contract.
Zinglo reserves the right, in respect of emails to limit the size of incoming and outgoing messages to the extent reasonable for the customer.
The customer shall compensate Zinglo for all damage arising from a breach of the foregoing provisions where the customer is responsible for the breach. The compensation shall also comprise the reasonable costs of necessary legal defence. Zinglo shall inform the customer without delay if it or third parties assert such claims and shall give the customer the opportunity to respond.
(10) Liability of Zinglo
(10.1) Zinglo shall be liable for damage only in the event of intent and gross negligence on the part of Zinglo or one of its vicarious agents. If Zinglo or one of its vicarious agents breaches a material contractual obligation (fundamental obligation) in a manner that endangers the purpose of the contract, liability shall be limited to the typical damage that Zinglo could reasonably foresee at the time of entering into the contract, unless the breach of obligation is intentional or grossly negligent.
(10.2) This limitation shall not apply in the event of loss of life, personal injury or damage to health or to liability under product liability law.
(10.3) Where the customer is a business undertaking, a legal entity under public law or a special fund under public law, liability shall be limited save in the case of intent and gross negligence to the amount of contractual fees that the customer shall have paid to Zinglo within the parameters of the specific contractual relationship for a period of two years before the occurrence of the event from which damage arose
(11) Contractual term, termination
(11.1) Unless otherwise specified in the specific offer, the contract shall be extended automatically each time by the period spanned by the first contractual term, provided it shall not have been terminated at the end of the term by a party giving notice of one month. If the first contractual term is longer than one year, the extension periods shall be one year.
(11.2) The contract can also be terminated effectively via the secure customer service area, provided this option is available. Further, notice of termination must be effected in writing, transmission by fax or scan being deemed sufficient for this purpose.
(11.3) Instructions to delete domains shall require the signature of the domain holder or of Admin C.
(11.4) If, in the event of termination, the customer does not also provide instructions for the deletion of a domain, Zinglo can return the domain to the responsible registry upon cessation of the term of the contract and expiry of a reasonable period of time. Zinglo hereby points out that, in such an instance, an obligation on the part of the customer to pay a fee to the registry can arise.
(11.5) Alternatively, Zinglo can also have the domain deleted after expiry of a reasonable period of time.
(11.6) If Zinglo terminates the contract legitimately because of a delay in payment or for good cause, Zinglo can arrange for the deletion of the domain concerned after a reasonable period of time, provided the customer does not issue any alternative instructions.
(12.1)Upon paying your first invoice you agree to our Terms and Conditions
(13.1) if you make an account and we don’t trust it, we will suspend your account and investigate it. After 7 days of investigation we can delete your account and put your IP and email address to the so-called blacklist
(14.1) Zinglo is part of Spike Source
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