Terms of Services (TOS)

TRITEMA TOS

Contents and abuse

TRITEMA SA (TRITEMA from now on) is an Internet Service Provider that manages a server network with principal business location in Roveredo, Kanton Graubuenden, Switzerland. TRITEMA, as hoster, doesn’t assume any responsibilities regarding the contents which have been hosted by clients in its servers. Such contents must be allowed by Law and must follow TRITEMA policies as decribed below in this document. The service will be immediately suspended without any notice if any of the following content types should be found on our network: any content not allowed by Law or by our policy, offending contents, malware or viruses, trojans or any content that could be offending for other parties or in violation of trademarks or copyrights. More in specific the following behaviors are against our policy:

  • uploading of not allowed contents according to the Law;
  • uploading of contents in violation of trademarks, copyright or intellectual properties;
  • behaviors that are against the rights of other people;
  • spam sending through the internet;
  • server cracking/hacking against our servers or against other ones from our machines;
  • any activity which purpose is to manipulate the services supplied or to crack software;
  • fake news spread;

    Client is responsible to keep clean the resources at TRITEMA from any malicious code, virus, trojan or backdoor and immediately check and resolve any issue eventually caused by software, sites,etc in his/her area.

Abuse notification procedure

Important abuses we should get aware of, will be prosecuted. Clients are also asked to notify us whenever they get aware of abuses. Clients can do that by sending an email to tech (at) tritema.ch or opening a support ticket in clients’ area.
For the client it is mandatory to comply with all the rules included in this page and in attached documents and links. The setup of services is suggested to persons with good informatic skills. In case of technical problems on the purchased services, the client must notify immediately the issue to TRITEMA staff by technical ticket to be open in personal client’s area on TRITEMA’s website. Any malfunction must be notified when it is experienced and not later. We won’t accept notices that are not fully described. Also we dont give assistance on technical problems which may arise from misconfiguration or from uncorrect use of services or from client’s software bugs. In addition we give no assistance whose purpose is just learning except when this is part of the service itself.

Servers maintenance and software updates

The customer is aware that all services are based on technical equipment (servers and network devices) hosted at datacenters and software. All services need always updates and maintenance and during such events the servers may experience reboots or unreachability times due to operations in progress. Where it is possible (scheduled maintenance), the customer is advised from client’s area (network issues menu). Where, instead, it’s necessary to execute an urgent maintenance procedure, our technical staff will be required to go ahead fastest possible and without any wait. The customer is also aware that there are parts of services that do not depend directly on TRITEMA, for example datacenter connectivity, broken hardware items etc, since different suppliers are normally involved in all the process. In case of any malfunction due to connected suppliers, TRITEMA will do its best to coordinate the work of suppliers involved, in order to get them to resolve as soon as possible. TRITEMA carries no liability in such events.

Support, Tickets and phone

Assistance is provided by customer support tickets inside client’s area. Technical department will give you support on any technical events regarding supplied services with the following important exclusions. As an example it is excluded from support and assistance: programming support, debug of customer’s code, code development, teaching, documentation, data entry and any matter and action which is possible to be executed by customer himself with control panels or personal areas. The support services, also, does not include any monitoring or picket service. The customer is the only liable of monitoring his services. Support tickets regarding past events are not accepted. Duplicated support tickets or tickets messed with email, phone calls (as an example) are not processed.

VoIP and Virtualfax local numbers

Regarding fax and voip services, all the numbers provided, are subject to regulations by local authorities. In case of changes in any regulations by local authorities, the client will be immediately notified to take necessary actions. Client is aware that failing to comply to regulations from local authority will lead to service suspension.

Reliability of storage

Your files on Storage Boxes and Servers are safeguarded with a RAID configuration which can withstand several drive failures. Therefore, there is a relatively small chance of data being lost. Please note, however, that you are responsible for your data and there is no guarantee from Denali against potential loss of data. The data of storage boxes is not mirrored onto other servers.

Agreement by purchasing

The client purchasing a product or service at TRITEMA’s website fully agrees to all the articles contained in this public document and fully approves all the terms into the files and links herein public available. Github project contains all the necessary documents and data.

Cancellation and refund policy

The renewals payments must be settled within due date as shown in invoice or notification. The payment failure, will result in service termination and all connected contents removal. The client is also liable of maintaining uptodate all his/her informations on TRITEMA records (fiscal informations, company details, email, VAT, etc) and maintaining his/her services in good standing and fully paid. The payments of new services must be completed at order time. Therefore an order issued but never payd is considered void. Any order could be refunded only within eight calendar days starting from the payment date, at net value of expenses. Services are refundable only if still not used (for example: used voip traffic or sms traffic cannot be refunded). In case of malfunction evidenced by proof, only the amount paid by customer at net value of expenses will be elegible of rembursement. The request of any refund must be issued with a written notice by ticket system on client’s area, it’s excluded any other liability by TRITEMA. The reactivation of an expired service generally may lead to an additional reactivation fee.

Due date and payments

All services must be paid within due date. The due date is always reported on the notification e-mail and on to the invoice as well. In case the services is not paid within the due date, the client can experience problems with late payment: 1) it is possible that the services is going to be cancelled, 2) when the service is cancelled there is no guarantee that it will be still available for renewal, 3) additional fees are involved in renewal. The fees involved in late renewal might be also higher than the price of the service itself. Sometimes late fees are imposed by third parties as in case, for example, of an ICANN domain in redemption period.

Updates of terms of service

TRITEMA has the right to update from time to time its policies and terms of service. It belongs to client the matter to periodically check the contents of this public documents in order to see if there are some new updates. In case the client does not agree to any part of this document and linked resources, he/she must notify immediately to TRITEMA and cancel the contract. Any running service at TRITEMA therefore implies full acceptance of this document in any part and linked resources.

Privacy and electronically supplied services

All the data are managed pursuant Privacy Laws by TRITEMA SA, with principal place of business Roveredo, Graubuenden, Switzerland. All Internet services are supplied from Switzerland by the said company, according to the local Laws of the Country. All the purchase process and services activation is totally automated and managed by informatics procedures. The supplied services are electronically supplied services according to the Laws of Switzerland. Privacy is managed according to EU GDPR directive

ICANN Domain names registration

ICANN Mandatory registration agreement terms in ICANN RAA 2013

3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
3.7.7.2 A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.7.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating:
3.7.7.4.1 The purposes for which any Personal Data collected from the applicant are intended;
3.7.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; and
3.7.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. 3.7.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 3.7.7.4.
3.7.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 3.7.7.5 of any such third-party individuals.
3.7.7.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 3.7.7.4 above.
3.7.7.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.7.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
3.7.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7.7.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.

LAWS

This term of service agreement is under the Laws of Kanton Graubuenden, Switzerland. The court is Moesa Region.