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Terms & Conditions

DEFINITIONS

“We”/”Us”/”Our”/”Vertisky Ltd.” means Vertisky Ltd. 25th floor, Workington Tower, 78 Bonham Strand, Sheung Wan Hong Kong and/or any of its subsidiaries and/ or affiliates involved in providing the Services. 

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services. 

“Services” means any services offered by Vertisky Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Vertisky Platform’.

 

PRELIMINARY

The terms of this Acceptable User Policy (the Terms) relate to your use of the Services provided by Vertisky Ltd. under the domain name Vertisky.com (‘the Website’). 

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

 

IN USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,

1) Acceptance of the Terms: Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Terms of Service, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions. 

2) Illegal Use: You agree not to use the Services for or in the pursuit of illegal purposes. Vertisky Ltd. cooperates with the authorities in investigations into illegal Internet use¸ and will take both criminal and civil legal action against Users who use the Services in an unlawful way. You agree not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner. 

3) Harassment: You agree not to use the Services for harassment¸ threats¸ verbal abuse¸ and/or persistent unwanted contact(s) of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active¸ in forms including but not limited to unwanted emails¸ and/or chat messages¸ and/or verbal declarations on a public forum¸ and can be passive in the form of defamatory information posted on web sites. 

4) Disruption/Hacking: You agree not to make any attempt to disrupt or attack the systems or Services provided by Vertisky Ltd. or any third party (affiliated with us or otherwise). This includes any deliberate attempt to interfere with another user’s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and Services without the consent of the provider for those Services. Hackers will be subject to the full extent of criminal law¸ and Vertisky Ltd. reserves the right to seek damages or resort to any and/or all legal remedies against Users who abuse¸ attack¸ or hack our systems¸ servers¸ or the Services or whoever uses the Service in a manner that is contrary to law or our Terms of Service, our Privacy Policy or this Acceptable User Policy. 

5) Fraud/False Advertising: You agree not to post or transmit fraudulent information on or through the Services. This can include false advertising¸ identity theft¸ misrepresentation of any kind including phishing¸ forged email headers and/or fictitious email addresses. 

6) Unsolicited Advertising/Spamming: You agree not to post or transmit any unsolicited material through any active medium such as email¸ chat¸ messaging¸ chain letters¸ advertisements¸ jokes¸ etc. Vertisky Ltd. does not tolerate unsolicited mass emailing (‘Spamming’) of any kind¸ and the use of any of ‘Vertisky’ Services for this purpose is strictly prohibited. To assist Vertisky Ltd. in the prevention of Spamming¸ Vertisky Ltd. may limit the number of recipients allowed per email and/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving user’s desire to be contacted in the specified manner¸ so kindly use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the explicit prior consent of those from whom you collect the information. 

7) Disruptive Content: You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include¸ but is not limited to¸ material that is considered obscene¸ offensive¸ or extremely controversial. While Vertisky Ltd. does not actively censor its Users¸ the reaction this material can generate can be expensive and time consuming¸ and as such makes the continued support of Users generating this kind of content of questionable business value to Vertisky Ltd. You understand and agree that Vertisky Ltd. may suspend or terminate your Services should your usage constitute disruptive content¸ as determined by Vertisky Ltd. in its sole discretion¸ from the Internet community at large. 

8) Adult Content: You agree not to use the Services to post or host any type of adult content on your website. It may include but not be limited to material considered to be pornographic content and images. You understand and agree that Vertisky Ltd. may suspend or terminate your Services should your usage constitute adult content¸ as determined by Vertisky Ltd. in its sole discretion. 

9) Reselling or Reconfiguring the Services: You may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal¸ fraudulent or inappropriate manner. Interpretation of this clause will be at the sole discretion of Vertisky Ltd. 

10) Weapons and Firearms: You agree not to use the Services to post or host any type of weapons and firearms related content on your website. This includes but not limited to sale of parts/components/kits for weapons and firearms, 3D printed parts, demo videos, and ammunition sales. You understand and agree that Vertisky Ltd. may suspend or terminate your Services should your usage violates this stated policy, as determined by Vertisky Ltd. in its sole discretion. 

11) Copyright Infringement: Vertisky Ltd. respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Services to transmit and/or store copyrighted material in a manner that is contrary to any applicable legislation. If Vertisky Ltd. has a reasonable belief¸ in its sole judgment¸ that You have violated this Acceptable Use Policy¸ Vertisky Ltd. may take any action it deems appropriate¸ which may include¸ without limitation¸ notifying You of a suspected violation¸ suspending your account¸ or terminating your account. These actions are in addition to and not by way of substitution of any and/or all other remedies that we may have against You under any applicable law. 

If you believe your work has been copied in any way that constitutes infringement¸ please provide us with the following information: 

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

(b) A description of the copyrighted work that you claim has been infringed; 

(c) Identification of where the material (including the URL if possible) that you claim is infringing is located; 

(d) Your address¸ telephone number and email address; 

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner¸ its agent or the law; and 

(f) A statement by you¸ made under penalty of perjury if you are asked to testify on the matter in a court of law¸ that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

For all copyright infringement and related matters¸ you may contact us on info@vertisky.com 

 

II. CHANGES TO THE ACCEPTABLE USE POLICY

Vertisky Ltd. may make changes to the Acceptable Use Policy from time to time. When these changes are made, Vertisky Ltd. will make a new copy of the Acceptable Use Policy available at http://www.Vertisky.com/terms.php. Vertisky will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email, Vertisky Ltd. will treat your use as acceptance of the updated Acceptable Use Policy.

 

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with Hong Kong law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Hong Kong courts or other adjudicating bodies.

 

Acceptable Use Policy

DEFINITIONS

“We”/”Us”/”Our”/”Vertisky Ltd.” means Vertisky Ltd. 25th floor, Workington Tower, 78 Bonham Strand, Sheung Wan Hong Kong and/or any of its subsidiaries and/ or affiliates involved in providing the Services. 

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services. 

“Services” means any services offered by Vertisky Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Vertisky Platform’.

 

PRELIMINARY

The terms of this Acceptable User Policy (the Terms) relate to your use of the Services provided by Vertisky Ltd. under the domain name Vertisky.com (‘the Website’). 

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

 

IN USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,

1) Acceptance of the Terms: Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Terms of Service, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions. 

2) Illegal Use: You agree not to use the Services for or in the pursuit of illegal purposes. Vertisky Ltd. cooperates with the authorities in investigations into illegal Internet use¸ and will take both criminal and civil legal action against Users who use the Services in an unlawful way. You agree not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner. 

3) Harassment: You agree not to use the Services for harassment¸ threats¸ verbal abuse¸ and/or persistent unwanted contact(s) of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active¸ in forms including but not limited to unwanted emails¸ and/or chat messages¸ and/or verbal declarations on a public forum¸ and can be passive in the form of defamatory information posted on web sites. 

4) Disruption/Hacking: You agree not to make any attempt to disrupt or attack the systems or Services provided by Vertisky Ltd. or any third party (affiliated with us or otherwise). This includes any deliberate attempt to interfere with another user’s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and Services without the consent of the provider for those Services. Hackers will be subject to the full extent of criminal law¸ and Vertisky Ltd. reserves the right to seek damages or resort to any and/or all legal remedies against Users who abuse¸ attack¸ or hack our systems¸ servers¸ or the Services or whoever uses the Service in a manner that is contrary to law or our Terms of Service, our Privacy Policy or this Acceptable User Policy. 

5) Fraud/False Advertising: You agree not to post or transmit fraudulent information on or through the Services. This can include false advertising¸ identity theft¸ misrepresentation of any kind including phishing¸ forged email headers and/or fictitious email addresses. 

6) Unsolicited Advertising/Spamming: You agree not to post or transmit any unsolicited material through any active medium such as email¸ chat¸ messaging¸ chain letters¸ advertisements¸ jokes¸ etc. Vertisky Ltd. does not tolerate unsolicited mass emailing (‘Spamming’) of any kind¸ and the use of any of ‘Vertisky’ Services for this purpose is strictly prohibited. To assist Vertisky Ltd. in the prevention of Spamming¸ Vertisky Ltd. may limit the number of recipients allowed per email and/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving user’s desire to be contacted in the specified manner¸ so kindly use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the explicit prior consent of those from whom you collect the information. 

7) Disruptive Content: You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include¸ but is not limited to¸ material that is considered obscene¸ offensive¸ or extremely controversial. While Vertisky Ltd. does not actively censor its Users¸ the reaction this material can generate can be expensive and time consuming¸ and as such makes the continued support of Users generating this kind of content of questionable business value to Vertisky Ltd. You understand and agree that Vertisky Ltd. may suspend or terminate your Services should your usage constitute disruptive content¸ as determined by Vertisky Ltd. in its sole discretion¸ from the Internet community at large. 

8) Adult Content: You agree not to use the Services to post or host any type of adult content on your website. It may include but not be limited to material considered to be pornographic content and images. You understand and agree that Vertisky Ltd. may suspend or terminate your Services should your usage constitute adult content¸ as determined by Vertisky Ltd. in its sole discretion. 

9) Reselling or Reconfiguring the Services: You may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal¸ fraudulent or inappropriate manner. Interpretation of this clause will be at the sole discretion of Vertisky Ltd. 

10) Weapons and Firearms: You agree not to use the Services to post or host any type of weapons and firearms related content on your website. This includes but not limited to sale of parts/components/kits for weapons and firearms, 3D printed parts, demo videos, and ammunition sales. You understand and agree that Vertisky Ltd. may suspend or terminate your Services should your usage violates this stated policy, as determined by Vertisky Ltd. in its sole discretion. 

11) Copyright Infringement: Vertisky Ltd. respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Services to transmit and/or store copyrighted material in a manner that is contrary to any applicable legislation. If Vertisky Ltd. has a reasonable belief¸ in its sole judgment¸ that You have violated this Acceptable Use Policy¸ Vertisky Ltd. may take any action it deems appropriate¸ which may include¸ without limitation¸ notifying You of a suspected violation¸ suspending your account¸ or terminating your account. These actions are in addition to and not by way of substitution of any and/or all other remedies that we may have against You under any applicable law. 

If you believe your work has been copied in any way that constitutes infringement¸ please provide us with the following information: 

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

(b) A description of the copyrighted work that you claim has been infringed; 

(c) Identification of where the material (including the URL if possible) that you claim is infringing is located; 

(d) Your address¸ telephone number and email address; 

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner¸ its agent or the law; and 

(f) A statement by you¸ made under penalty of perjury if you are asked to testify on the matter in a court of law¸ that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

For all copyright infringement and related matters¸ you may contact us on info@vertisky.com 

 

II. CHANGES TO THE ACCEPTABLE USE POLICY

Vertisky Ltd. may make changes to the Acceptable Use Policy from time to time. When these changes are made, Vertisky Ltd. will make a new copy of the Acceptable Use Policy available at http://www.Vertisky.com/terms.php. Vertisky will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email, Vertisky Ltd. will treat your use as acceptance of the updated Acceptable Use Policy.

 

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with Hong Kong law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Hong Kong courts or other adjudicating bodies.

 

Service Level Agreement – SLA

DEFINITIONS

“We”/”Us”/”Our”/”Vertisky Ltd.” means Vertisky Ltd. 25th floor, Workington Tower, 78 Bonham Strand, Sheung Wan Hong Kong and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Vertisky Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Vertisky Platform’.

Vertisky Ltd. strives to provide a high-quality service and backs it up with a comprehensive Service Level Agreement.

This SLA is an integral part of your agreement with us as referenced in our Terms of Service.

The compensations described in this SLA are your sole and exclusive compensations for the events covered by the SLA.

Vertisky Ltd. may make changes to the Service Level Agreement from time to time. When these changes are made, Vertisky Ltd. will make a new copy of the Service Level Agreement available at http://www.Vertisky.com/terms.php. Vertisky will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email, Vertisky Ltd. will treat your use as acceptance of the updated Service Level Agreement.

 

STANDARD LEVEL OF SERVICE (SERVICE STANDARD)

  • Vertisky’ goal is to ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability).
  • Please note that Service Availability refers to Vertisky Platform Console and related services and in no case, we are guaranteeing here the Service Availability of our Partner Cloud Providers (see third party SLAs in Clause 4 below).
  • Vertisky offers one standard support option – e-mail support.
    • We will start investigating your issue within a maximum of three hours.
  • Our Response Time goal is the time it takes to acknowledge and have the “work started” status only, not the time it takes to resolve the issue in question.
  • Vertisky Ltd. realizes that our Service Availability and Response Time goals may not always be met. Accordingly, Clause 2 sets out credits should we fail to meet the Service Availability or Response Time goals.

 

CREDITS DISBURSED WHEN SERVICE STANDARD IS NOT MET

We will compensate our Customers in the event that our Service Standards are not met and provided the Customer(s) would have reported it to us by e-mail. Compensation will be through credit against Your next monthly invoice. You will receive a credit of five percent of Your total fee (for the month in which the SLA was not met) for each hour in which We fail to meet Our Service Standard levels. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards set out in Clause 1, may not be aggregated, and will not be paid in cash.

 

SITUATIONS IN WHICH WE WILL NOT DISBURSE ANY CREDIT

Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.

If the failure to meet the Service Standards is based on a non-standard environment, customer authored code or changes to the Service by parties other than Vertisky Ltd., You will not be entitled to any SLA Credit.

 

THIRD PARTY INFRASTRUCTURE PROVIDERS SLAS