Terms of Service

Information about this page

This page contains all versions of the Terms of Service applicable to Opsbears customers. Please read it carefully as it is legally binding.


Terms of Service

These Terms of Service ("Terms") govern the use of all services provided by Opsbears e.U. ("Opsbears") to you ("Customer" or "You"). Please read these Terms carefully before signing your contract for any services you wish to use.

Establishment of Business Relations

You may establish a business relation ("Contract") as a Customer with Opsbears using three methods.

For services that provide online registration, you agree to these Terms by filling out your details on the appropriate sign up form.

For consulting and system administration services, you may order the service via e-mail, including the text that you agree to the Terms and including a link to them and sending your business details. Opsbears shall, if it decides to accept the job, send you a reply e-mail, stating this fact. Opsbears may require you to provide a certain amount of down payment if you are not located in Austria.

For services that require a written contract, you agree to these Terms by filling out and signing that contract, either digitally of physically. Digital signatures must be certified by an established certificate authority and your identity must be easily verifiable from the signature itself.

Keeping information up to date

It is your duty as Customer of Opsbears to keep your business and contact information up to date at all times. You shall notify Opsbears of any changes within 8 calendar days of any change in your personal or business information, business status or contact information. You shall also make reasonable effort to whitelist the domain "opsbears.com" for e-mail traffic with your e-mail provider.

Opsbears shall bear no responsibility for any loss incurred due to Opsbears' inability to contact You or incorrect information.

Services provided by Opsbears

whatismybrowserversion.com

whatismybrowserversion.com is a diagnostic tool for browser capabilities and is provided to You for free. The source code for this website is provided to You as an open source project under the BSD 3-Clause-License included with the project code.

LAMPSecurityToolkit

LAMPSecurityToolkit is provided to you as an open source software under the BSD 3-Clause-License included with the source code hosted on github.com.

git/project hosting

Opsbears provides private source code and project hosting tools, such as, but not exclusively, bundled with other services and to certain community developers of it's choosing, for free. This service is not available to the general public.

Website hosting

Opsbears provides website hosting to certain community developers and bundled to other services of it's choosing, for free. This service is not available to the general public.

E-mail service

The e-mail service provided by Opsbears is a generally available, commercial (paid) service. You shall receive IMAP, SMTP and Webmail access for the agreed-upon number of employees of your business for e-mail addresses of your own domain. You may receive more mailboxes or aliases as you have employees, buy you shall not provide access to these mailboxes to more people than agreed to.

You shall not resell this service or provide access to people whom you do not bear full responsibility for. You shall only use this service to send person to person e-mails.

You shall under no circumstances use this service to send unsolicited advertisements, newsletters or mass e-mails of any kind to any number of people. Opsbears may employ mail filtering techniques to prohibit such usage. Any attempts to send constitute as a serious breach of contract.

This service requires a written contract, prices and payment terms shall be agreed upon in that contract.

System administration / consulting

You may contract Opsbears for Linux system administration or consulting work, in which case you are buying work time from Opsbears. This service shall be paid, unless otherwise agreed upon, at hourly rates of 100 € per hour plus applicable VAT, accounted at full hours started.

If provided with enough information, Opsbears shall attempt to give You an estimate on how much time the task You requested, will consume, this estimate shall, however, be in no way binding.

You understand and agree that Opsbears may not be able to provide the solution or answer you desire, which does, however, not affect the payments due. Opsbears may, at it's own discretion, decide to refund your already made payment or disregard your payments due.

Payments

Paid services provided by Opsbears may be paid, depending on the service type, in advance or after receiving an invoice. Services governed by time periods, such as, but not exclusively, monthly services, are to be paid for on that time basis ("Invoice Period").

Prepaid services shall be paid in full before the service is enabled for You. (Opsbears may choose to start providing the service earlier after the Contract has been established.) Postpaid services will be invoiced once your Invoice Period has expired. Payments must be made until the date printed on your invoice.

For any payments You make, You shall receive a digital, signed invoice within 7 business days via e-mail. For payments larger than 100 € you may also request a paper invoice via postal mail.

Services may be paid for via Bank Transfer or PayPal. Charges for international bank transfer shall be paid by You, PayPal fees shall be paid by Opsbears. Banking fees for Refunds made to You shall be paid for by Opsbears, unless your requested refund is due via bank transfer and your destination bank account is not within the SEPA zone, in which case the transfer fees will be deducted from your refund.

Opsbears reserves the right to change it's prices on 60 days notice. Notifications shall be made via e-mail or postal mail. If you have already paid your current invoice period by the end of the 60 days, the price change shall be effective on your next invoice period.

Confidentiality and Privacy

Opsbears must, in order to protect and operate it's services, from time to time look at data you may have stored or are transferring on it's servers. Opsbears shall handle any information gained by such actions, confidentially. Opsbears may, in order to provide it's services, use subcontractors, who shall also be subject to the same confidentiality rules as Opsbears. You are, however, responsible for encrypting sensitive materials before transferring it to Opsbears' servers.

Liability

Opsbears provides some services for free and / or as open source projects. Such services are provided "AS IS", Opsbears shall under no circumstances be held liable for any damages, direct, indirect, incidential, special, exemplary, or consequential, for any services or products provided to you for free.

When providing services, Opsbears shall not be held liable for any damages, direct, indirect, incidential, special, exemplary, or consequential, beyond the refund of your already paid fees for the current invoice period, unless required by applicable law.

You are solely responsible and liable for any data you upload to or store on Opsbears' servers. Opsbears shall however, upon receipt of information about illegally or rights infringing material, remove such material, for which Opsbears shall not be liable. You shall not re-upload such material unless granted permission by Opsbears.

Termination of Contract

Your contract may be terminated under the following circumstances:

  1. Your written cancellation via e-mail or postal mail.
  2. Your digital cancellation using a the appropriate functionality in the service area of Opsbears' website.
  3. Regular written cancellation via e-mail or postal mail by Opsbears.
  4. Service closure by Opsbears, announced via e-mail or postal mail.
  5. Breach of contract by you.
  6. Breach of contract by Opsbears.

Written cancellations - unless otherwise specified for the service - may be submitted until the end of the current invoice period. If your invoice period has not yet been paid, the payment is due regardless of the cancellation.

Cancellations by Opsbears may be made by the end of the current invoice period effective by the end of the next invoice period. You may in this case choose not to use the next invoice period, in which case no payment will be due for that next period. If the current period has not been paid, the payment will be due regardless of the cancellation.

Service closure by Opsbears means that the service you are using will be discontinued for an undisclosed period of time or indefinitely. You will be notified of such closure 60 days before it takes effect to provide ample time to move to a different service. Opsbears will make reasonable effort to contact you and reimburse you for the time you have paid but will not be able to use, effective from the day of announcement.

If a serious breach of contact occurs on your part, Opsbears may chose to terminate your Contract immediately and notify you via e-mail, postal mail or telephone. If damages or undue work occurs due to this breach, Opsbears may choose not to reimburse you for the time you where not able to use the service.

If a serious breach of contract occurs on Opsbears' part, such as a service outage beyond specified acceptable maintenance and service outage, you may terminate your contract immediately. In such case Opsbears shall refund any payments made for the current invoice period. Opsbears shall, however, not be liable for any damages beyond the payments due for the current invoice period.

Legal status

Opsbears may, at it's own discretion, change these Terms. If these changes affect you based on the services you use, Opsbears shall notify you 60 days before these changes take effect. You shall have the right to cancel your Contract effective by the end of those 60 days. You shall receive time-based reimbursement for the time you where not able to use the Service.

In case of a dispute, you shall make every effort to resolve it without the involvement of a court.

There are no oral side agreements to the Contract. All changes to the Contract are made in writing.

This Contract and any disputes are subject to Austrian law (Austrian domestic law under exclusion of the referral norms and UN commercial law).

These Terms are effective from the 1st of May, 2014.