1. The subject
1.1. The following terms and conditions of service apply to all business relationships between the Client and RackRay (Rakrejus, UAB), following named as “us”.
1.2. Dissenting, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
2. Terms of payment and billing
2.1. Prices and service parameters are specified on the RackRay website.
2.2. Client must pay the amount stated in the invoice no later than the time limit set for the payment. Failure to pay by the due date will result in suspended and, ultimately, terminated service.
2.3. The monthly fee for the services is specified in the invoice. The services are paid in advance for the agreed period.
2.4. RackRay reserves the right to change rates, informing the Client thereof no later than 1 (one) month before the next billing period.
2.5. The Client agrees to receive invoices and reminders of unpaid invoices by email.
3. Special Offers
3.1. Special Offer for Dedicated Servers listed on the RackRay website (https://www.rackray.com/special-offer/) is valid for new customers.
3.2. Special offer dedicated servers have fixed configuration that cannot be modified.
3.3. Special offer dedicated servers are ordered online via RackRay client portal.
3.4. Special offer dedicated servers are launched in 1 working day after receiving payment from the Client.
3.5. Special offer dedicated servers are managed by the Client, through iLO management system.
3.6. Special offer dedicated server monthly prices listed on the website (https://www.rackray.com/special-offer/) are valid when ordering for 3 months or more.
4. General terms
4.1. If the security of the power supply network or the maintenance of network integrity is at stake, we can temporarily restrict access to the service as required.
4.2. The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.
4.3. Our offers are subject to change. We reserve the right to make technical and other changes within reason.
4.4. RackRay does not make backup copies of the server unless this service is ordered separately. This does not apply to Cloud servers as they have daily backups included in the price.
4.5. Dedicated servers are connected to 1 Gbps uplink. RackRay has the right to limit bandwidth to 100 Mbps if the server exceeds 100 Mpbs of Internet traffic usage according to the 95th percentile rule.
5. Rights and responsibilities:
5.1. RackRay undertakes to:
5.1.1. give the Client the right to use chosen services, upon ordering and upon payment of a fixed fee by the Client.
5.1.2. Take the necessary steps to ensure the security of hardware.
5.1.3. Ensure continuous power supply and uninterpretable power supply devices (UPS).
5.1.4. Disable access to the Internet and the Equipment in the case of the violation of the Terms of Service, including cases of Client’s indebtedness for services for more than one month. At the same time the Client is not released from the obligation to pay for the provided services.
5.1.5. Disable the access to the power supply of the equipment upon the occurrence of risk of an explosion or fire and immediately inform the Client.
5.1.6. Turn off the Client’s service without prior notice, if the Distributed Denial of Service (DDoS) attack is directed to the service or the operation of the service causes interruptions on RackRay’s technical platform.
5.1.7. Turn off the Client’s service, if we get the notice from legal institutions and inform Client about it.
5.2. The Client undertakes to:
5.2.1. Pay for the RackRay’s services.
5.2.2. Provide the correct Client identification and contact information and inform about its changes in a timely manner.
5.2.3. Securely store RackRay provided login details.
5.2.4. Ensure that the service provided to the Client will not be used directly or indirectly for unauthorized activity, including, but not limited to, spam mail sending, placement of material that violates the rights of individuals or groups of people, damage to computer systems, network operations or security, and any other kind of violation of the laws of the Republic of Lithuania, the rights of RackRay and third parties.
5.2.5. Immediately inform RackRay about service disruptions.
5.2.6. Ensure competent system administration himself or hire professional system administrators for ongoing server maintenance, timely software updates and security.
6.1. RackRay does not bear any responsibility for the content that is hosted by the Client on the RackRay’s server (including OS installed from the templates provided by us).
6.2. If the Client’s web content is in violation of paragraph 4 of obligations, they shall be liable to us for all of the resulting direct damages, including property damage.
6.3. Client assumes full responsibility in the event of disputes over the validity of the use of server resources provided to him.
6.4. Neither party is liable for any indirect damage to the other party of the contract.
7. Contract duration and cancellation
7.1. The Contracts are set to start when the IT equipment is being connected to the Internet and connection details (passwords and logins) have been sent to the Client.
7.2. Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time. Contracts for dedicated servers listed as “Special Offers” are in place for 12, 24 or 36 months period of time (depending on the period chosen by Client when ordering a server).
7.3. We are entitled to terminate the contractual relationship if Client fails to pay the invoices on time, uses content which affects the performance or the safety of the server node or fails to fulfil other obligations assumed by this Terms of Service.
7.4. The Client has the right to terminate the contract unilaterally by notifying RackRay no later than 30 calendar days before the termination.
7.5. The termination of the Contract does not absolve the Parties from the discharge of the obligations towards each other.
8. Other provisions
8.1. Matters not covered by provisions in the contract shall be settled by mutual agreement or in accordance with the applicable legislation of the Republic of Lithuania.
8.2. All disputes that can not be resolved by mutual agreement shall be settled in accordance with the procedures established by the laws of the Republic of Lithuania.