General Terms and Conditions of Nicholaz Holding Aps
Effective Date: 2025-01-01
Company Information
Nicholaz Holding Aps
Corporate ID: 40891765
Website: www.roam-roam.com
Email: contact@roam-roam.com
1. General Overview
1.1 Scope
These General Terms and Conditions apply when Nicholaz Holding Aps (“Nicholaz Holding”) provides hosting services to consumers and businesses (the “Customer”). The services include web hosting, cloud solutions, dedicated hosting, and other relevant hosting and data storage services. Specific service details are provided in the individual agreements between Nicholaz Holding and the Customer, as well as in the service descriptions available on www.roam-roam.com.
1.2 Agreement Formation
An agreement between Nicholaz Holding and the Customer (“Agreement”) is established when Nicholaz Holding confirms the Customer’s order, or when the Customer begins using the service provided by Nicholaz Holding. The Agreement includes the order confirmation, service description, and current price list.
1.3 Right of Withdrawal
If the Agreement is established at a distance, such as via online or telephone order, the Customer is entitled to a right of withdrawal in accordance with the Swedish Distance and Doorstep Sales Act (2005:59). Details of this right will be provided to the Customer upon confirmation of the order.
2. Provision of Services
2.1 Service Delivery
Nicholaz Holding provides services through a secured network and data center facilities owned or operated by Nicholaz Holding or through third-party providers. Service location and accessibility are specified in the Agreement or service description.
2.2 Professional Standards and Development
Nicholaz Holding shall provide services professionally and per the Agreement. Continuous service development may involve adjustments to enhance quality, with minimal disruptions. If changes significantly impact performance, the Customer will be informed at least one (1) month in advance.
2.3 Subcontractors
Nicholaz Holding may engage subcontractors to fulfill obligations under the Agreement. In such cases, Nicholaz Holding remains liable for the subcontractor’s performance.
2.4 Service Limitations
Due to network structure or technical restrictions, certain services or equipment may not be accessible in all locations. If the Customer’s service includes access to external networks, additional terms may apply.
3. Customer Rights and Responsibilities
3.1 Service Usage
The Customer agrees to use the service solely for lawful and intended purposes as per the Agreement. The Customer is responsible for ensuring their use of the service does not:
• Disrupt or damage Nicholaz Holding’s network or third parties,
• Involve unauthorized mass communications or spam, or
• Infringe on intellectual property rights or violate any laws or regulations.
3.2 Account Security
The Customer shall securely store access credentials (username, passwords, etc.) provided by Nicholaz Holding to prevent unauthorized access. Nicholaz Holding reserves the right to update these credentials for operational or security reasons.
4. Payment Terms
4.1 Payment Obligations
The Customer must pay the fees per the current price list. Fees for fixed services begin from the date service access is provided. Payment methods are specified during the order process.
4.2 Late Payments
If payment is overdue, Nicholaz Holding reserves the right to charge a late payment fee and statutory interest. In cases where payment issues remain unresolved, Nicholaz Holding may suspend or limit the service.
4.3 Invoice and Currency
Payments must be made in the currency specified on the invoice. Payment is considered complete once received by Nicholaz Holding. An invoice fee may apply, with changes notified to the Customer one (1) month in advance.
5. Liability and Limitation
5.1 Service Performance
Nicholaz Holding strives to maintain service availability per the Agreement. However, should a fault cause disruption, Nicholaz Holding will address it within a reasonable timeframe. The Customer may be eligible for a service credit as specified in the service-level agreement (SLA).
5.2 Limitation of Liability
Nicholaz Holding’s liability is limited to direct damages caused by negligence. Nicholaz Holding is not liable for indirect damages, such as lost profits, or third-party claims unless due to gross negligence or intentional misconduct.
5.3 Force Majeure
Nicholaz Holding shall not be liable for delays or service interruptions due to events outside its control, including but not limited to natural disasters, government actions, or labor disputes.
6. Amendments and Termination
6.1 Amendments to Terms
Nicholaz Holding may update these Terms and Conditions with prior notification to the Customer, taking effect no earlier than one (1) month from notification.
6.2 Termination by Customer
The Customer may terminate the Agreement with one (1) month’s notice. For fixed-term contracts, termination takes effect at the end of the fixed term unless otherwise specified.
6.3 Termination by Nicholaz Holding
Nicholaz Holding reserves the right to terminate the Agreement immediately if the Customer breaches its obligations or if Nicholaz Holding deems necessary for security or legal reasons.
6.4 Dispute Resolution
Any disputes arising from the Agreement shall be resolved in Swedish courts following Swedish law.
7. Service Maintenance and Troubleshooting
7.1 Service Interruptions
Nicholaz Holding may occasionally limit service availability for scheduled maintenance or necessary technical adjustments. In such cases, Nicholaz Holding will make efforts to notify the Customer and minimize service disruptions.
7.2 Customer Support
The Customer should contact Nicholaz Holding’s support team if any technical issues arise. Nicholaz Holding is responsible for resolving faults caused by its own infrastructure or operations but not for issues related to third-party networks or the Customer’s equipment.
7.3 Fault Liability
If a fault arises from the Customer’s misuse, negligence, or third-party actions for whom the Customer is responsible, Nicholaz Holding may charge the Customer for any resulting repair work.
8. Customer Use of Services and Equipment
8.1 Equipment Requirements
The Customer is responsible for having appropriate equipment and software to use the services provided. Nicholaz Holding does not guarantee compatibility or quality if non-approved equipment is connected to the service.
8.2 Use of Hosting Resources
The Customer must adhere to Nicholaz Holding’s Acceptable Use Policy, which restricts unauthorized activities such as:
• Excessive resource consumption outside standard use parameters,
• Use of services for illegal content or activity, or
• Activities that compromise network integrity, such as spreading malware or spam.
8.3 Security Codes and Access
Security codes and access credentials provided by Nicholaz Holding must be securely stored. The Customer is responsible for any unauthorized use of the service if access is obtained due to improper security measures on their part.
8.4 Responsibility for Third-Party Access
If third-party access is permitted (e.g., sub-users or administrators), the Customer assumes full responsibility for their actions in connection with the service.
9. Payment Terms and Invoicing
9.1 Fees and Billing
All service fees are as per the Agreement and the current price list. Fixed recurring fees apply from the start of service provision, while usage-based fees are billed according to actual use.
9.2 Currency and Payment Methods
Payments are accepted in Swedish kronor (SEK) unless otherwise specified. Payment methods are defined in the Agreement, with additional fees applying for specific methods (e.g., invoicing fees).
9.3 Late Payments and Service Suspension
If the Customer fails to pay by the due date, Nicholaz Holding reserves the right to charge late fees and suspend services until the outstanding balance is settled.
9.4 Monetary Limits and Security Deposits
For customers with high usage, Nicholaz Holding may set a monetary usage limit. If necessary, the Customer may be asked to provide a deposit or prepayment to secure service continuity.
10. Amendments to Services or Terms
10.1 Service Modifications
Nicholaz Holding reserves the right to make changes to its services, provided they do not adversely impact the Customer’s usage beyond a minor extent. If major changes are necessary, Nicholaz Holding will notify the Customer one (1) month in advance.
10.2 Changes to Terms and Conditions
Nicholaz Holding may revise these General Terms and Conditions. Significant changes will take effect only after prior notification to the Customer, allowing one (1) month for the Customer to accept or terminate the Agreement without penalty if the changes are unfavorable.
11. Liability and Limitation of Liability
11.1 Liability for Direct Damages
Nicholaz Holding’s liability is limited to direct damages incurred due to its negligence. This does not extend to indirect damages, such as business losses, lost revenue, or third-party claims, unless due to gross negligence or willful misconduct by Nicholaz Holding.
11.2 Limitations and Exclusions
Nicholaz Holding is not responsible for:
• Loss or corruption of Customer data, unless explicitly provided for in a data backup service,
• Third-party actions or issues with external networks, and
• Service interruptions or quality issues arising from Customer equipment.
11.3 Force Majeure
Nicholaz Holding is not liable for delays or failure to perform its obligations due to causes beyond its control, including but not limited to natural disasters, governmental actions, labor disputes, or technical failures in third-party networks.
12. Complaints and Dispute Resolution
12.1 Complaint Process
If the Customer wishes to file a complaint, it must be submitted to Nicholaz Holding’s customer service team as soon as the issue is identified. Complaints related to billing or service quality must be reported within a reasonable period.
12.2 Legal Disputes
Any disputes regarding the interpretation or application of this Agreement will be resolved under Swedish law and jurisdiction. The Customer may also take the matter to the Swedish National Board for Consumer Disputes (ARN) for a recommendation on dispute resolution.
13. Intellectual Property and Licensing
13.1 Rights to Software and Content
This Agreement does not transfer any intellectual property rights to the Customer. The Customer agrees not to copy, alter, or reverse-engineer any software or content provided by Nicholaz Holding.
13.2 Third-Party Intellectual Property
The Customer is responsible for ensuring that any content hosted through Nicholaz Holding’s services does not infringe on third-party intellectual property rights.
14. Agreement Transfer and Termination
14.1 Transfer of Agreement
The Customer may not transfer or assign this Agreement to a third party without prior written consent from Nicholaz Holding. Nicholaz Holding reserves the right to transfer its rights and obligations under the Agreement to another company within the same corporate group or a third party acquiring the business.
14.2 Termination by Customer
The Customer may terminate the Agreement with one (1) month’s notice. For fixed-term Agreements, termination will take effect at the end of the fixed term.
14.3 Termination by Nicholaz Holding
Nicholaz Holding reserves the right to terminate the Agreement immediately if:
• The Customer breaches essential terms of the Agreement,
• The Customer engages in prohibited activities as defined in the Acceptable Use Policy, or
• Required by law or for security reasons.
15. Notifications and Contact Information
15.1 Customer Communication
Nicholaz Holding will provide important updates and notifications through the email address or contact method provided by the Customer. The Customer is responsible for keeping this contact information current.
15.2 Service Portal
The Customer may manage their account, view invoices, and make changes to services via the Nicholaz Holding online portal.
16. Entry into Force
16.1 Effective Date
These General Terms and Conditions are effective as of [Insert Date] and apply to all new and existing Agreements from that date.
17. Customer Responsibilities
17.1 Adherence to Acceptable Use Policy
The Customer agrees to follow Nicholaz Holding’s Acceptable Use Policy (AUP), which outlines permitted and prohibited activities on the platform. Prohibited actions include, but are not limited to, misuse of resources, illegal content, and activities that may disrupt service for other customers. The AUP is accessible on www.roam-roam.com and may be updated periodically.
17.2 Customer Data and Content Responsibility
The Customer is solely responsible for all data, applications, and content hosted on Nicholaz Holding’s platform. The Customer must ensure that content complies with applicable laws and does not infringe on third-party rights. If a third party claims that hosted content is illegal, Nicholaz Holding reserves the right to take appropriate action, including content removal and/or service suspension.
17.3 Data Backup
While Nicholaz Holding may offer optional data backup services, the Customer is responsible for regularly backing up their data. In cases where the Customer opts not to use Nicholaz Holding’s backup services, Nicholaz Holding is not liable for data loss.
18. Data Privacy and Security
18.1 Data Processing
Nicholaz Holding handles personal data according to its Privacy Policy, which is available on www.roam-roam.com. The policy explains how Nicholaz Holding collects, uses, and secures personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable laws.
18.2 Security Measures
Nicholaz Holding takes reasonable technical and organizational measures to secure customer data. However, the Customer acknowledges that absolute data security cannot be guaranteed, especially when hosted on shared resources.
18.3 Data Retention and Deletion
Upon termination of services, Nicholaz Holding will retain customer data for a limited period as stated in the Privacy Policy. The Customer is advised to retrieve any necessary data before service termination, as Nicholaz Holding may delete all data associated with the Customer’s account after this period.
19. Service-Level Agreement (SLA)
19.1 Uptime Commitment
Nicholaz Holding aims to provide a monthly uptime of at least 99.9% for its hosting services, subject to exclusions listed in the SLA. Downtime caused by scheduled maintenance or force majeure events is not included in the uptime calculation.
19.2 Service Credits
If Nicholaz Holding fails to meet the uptime commitment, the Customer may be eligible for service credits, calculated based on the extent of downtime. Detailed terms of service credits are available in the SLA, which can be accessed on www.roam-roam.com.
19.3 Limitations
The SLA does not apply to outages caused by the Customer’s configuration errors, unsupported hardware or software, or third-party services.
20. Additional Terms for Specific Services
20.1 Managed Hosting
For customers opting for managed hosting services, Nicholaz Holding provides technical support and maintenance within the scope defined in the service plan. Managed hosting customers are not authorized to make direct modifications to the server without prior approval.
20.2 Cloud and VPS Hosting
Cloud and Virtual Private Server (VPS) hosting customers are responsible for managing their virtual environments, including software installation and maintenance, unless an additional managed service agreement is in place.
20.3 Third-Party Software and Licenses
If the Customer uses third-party software on Nicholaz Holding’s platform, the Customer is responsible for obtaining and maintaining appropriate licenses. Nicholaz Holding is not liable for issues arising from unlicensed software.
21. Termination and Account Closure
21.1 Termination Process
If the Customer wishes to terminate the Agreement, they must submit a request through the customer portal or in writing. Once the termination request is received and processed, the Customer will receive a confirmation, and all services will cease as per the notice period.
21.2 Account Closure Due to Inactivity
For security and resource management, Nicholaz Holding may close inactive accounts after twelve (12) months of inactivity, provided there are no outstanding balances or contractual obligations. Notice of impending account closure will be sent to the registered email address.
21.3 Data Deletion Upon Termination
Upon account closure, all customer data will be deleted in accordance with the data retention policy. The Customer should retrieve any necessary data before closure, as retrieval after deletion may not be possible.
22. Final Provisions
22.1 Severability
If any provision of this Agreement is deemed invalid or unenforceable by a competent authority, all other provisions shall remain in effect. The invalid provision will be replaced with a valid provision that most closely approximates the intent of the original.
22.2 Entire Agreement
This Agreement constitutes the entire agreement between the Customer and Nicholaz Holding regarding the services provided. It supersedes any prior agreements or understandings, whether written or oral.
22.3 Waivers
Failure by Nicholaz Holding to enforce any right under this Agreement does not constitute a waiver of that right or any other right.
22.4 Amendments and Notifications
Any amendments to this Agreement will be communicated to the Customer in writing, at least one (1) month before they take effect, unless immediate action is required by law. All notifications shall be considered received if sent to the Customer’s registered email address or published on the official website.