Master Service Agreement

1. Contract Duration and Termination

Unless a different term is confirmed in writing, services are supplied on a renewable monthly basis. Each monthly term renews automatically on the Billing Anniversary unless the Client submits a valid cancellation request under Section 8.

Cyberlocker Switzerland S.A. may suspend, restrict, or terminate services for non-payment, material breach of this Agreement, violation of the Acceptable Use Policy, unlawful use, active security threats, or binding legal obligations.

2. Service Fees and Billing

The initial order date becomes the Aniversario de facturación for recurring charges unless the order states otherwise. Recurring fees are payable in advance for each service cycle.

Invoices, upgrades, additional services, credits, and cancellations may be aligned to the Billing Anniversary for administrative consistency. The Client is responsible for maintaining accurate billing information and a valid payment method where recurring payment is enabled.

3. Costes de actualización

• Upgrade on the Billing Anniversary: the full monthly upgrade fee applies and renews on that anniversary.
• Upgrade after the Billing Anniversary: the upgrade may be prorated through the next Billing Anniversary and billed as a one-time charge, after which the full recurring fee applies.

Technical feasibility, availability, migration time, downtime risk, and any setup fee will be communicated where relevant.

4. 4. Servicios adicionales

Additional IP addresses, storage, bandwidth, licenses, management, backup, support, software, or other add-ons are billed using the same anniversary and proration principles as upgrades unless the order states otherwise.

5. One-Off Fees and Usage Charges

Setup fees, administrative fees, restoration charges, remote-hands charges, custom work, late fees, and other non-recurring charges are due when invoiced.

Unless another rate is stated in the applicable service order, bandwidth usage above the included allowance may be billed after the relevant cycle at $0,10 USD por GB.

6. Taxes and Currency Adjustments

Fees are exclusive of taxes, duties, levies, withholding, and governmental charges unless expressly stated otherwise. Customers are responsible for taxes legally applicable to their purchase, including any Panama taxes that apply to the transaction.

Cyberlocker may adjust recurring fees in response to material currency, supplier, licensing, energy, network, regulatory, or infrastructure cost changes. Where practical, at least 30 days’ notice will be provided before an increase takes effect. A Client who does not accept the revised recurring price may cancel before the new price applies.

7. Créditos de servicio

• Credits may be used only against future eligible invoices.
• Credits are non-transferable, non-refundable, and not redeemable for cash except where mandatory law requires otherwise.
• Unused credits expire when the account is fully terminated unless expressly agreed otherwise.
• Credits may not be applied to taxes, chargebacks, penalties, third-party licenses, or excluded services unless stated in writing.

8. Cancellation and Downgrade Policy

The Client must submit a written cancellation or downgrade request at least 3 calendar days before the Billing Anniversary through an approved support or account channel.

A late request may take effect on the following Billing Anniversary and may result in one additional full billing cycle. Services normally remain active through the paid period unless immediate termination is requested and accepted.

10. Shared Hosting and VPS Resource Limits

Shared, virtualized, and multi-tenant services are subject to documented and reasonable limits on CPU, memory, disk I/O, storage, processes, database queries, network activity, and other shared resources.

Where usage materially affects platform stability or other customers, Cyberlocker may contact the Client, limit the affected workload, require migration or upgrade, suspend the service, or terminate repeated or severe violations. Immediate action may be taken when necessary to protect infrastructure or other users.

11. Non-Payment and Reclamation

Payment is due on the Billing Anniversary or invoice due date. Services more than 7 days overdue may be suspended, terminated, or reclaimed. A USD $25 late or failed-payment fee may be applied where stated on the invoice and permitted by applicable law.

Reactivation is subject to payment of outstanding balances, applicable restoration fees, technical feasibility, and resource availability. Data recovery is not guaranteed.

12. Data Responsibility, Backups, and Security

Cyberlocker applies reasonable operational and security measures appropriate to the service. Unless a written managed-backup service states otherwise, the Client remains responsible for:

• maintaining independent and tested backups;
• configuring retention and recovery procedures;
• securing credentials, operating systems, applications, and customer-controlled software;
• verifying data integrity and ownership rights;
• installing updates and security patches for unmanaged services.

No hosting service should be treated as the Client’s sole backup copy.

13. Jurisdiction and Governing Law

The Agreement is intended to be governed by the laws of the Republic of Panama, with mandatory Swiss legal obligations applying where relevant to services, infrastructure, data processing, or conduct in Switzerland.

Subject to mandatory law and any valid written dispute-resolution agreement, disputes are intended to be submitted to the competent courts of the Republic of Panama.

14. Indemnification and Limitation of Liability

To the extent permitted by law, the Client will defend, indemnify, and hold Cyberlocker and its affiliates harmless from third-party claims arising from the Client’s content, instructions, unlawful conduct, infringement, misuse of the services, or violation of this Agreement.

To the extent permitted by law, Cyberlocker’s aggregate liability arising from the affected service will not exceed the service fees paid for that service during the three months immediately preceding the event giving rise to the claim.

Cyberlocker will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profit, revenue, goodwill, data, or business opportunity; or failures caused by the Client, third parties, the public internet, force majeure, or unsupported software.

Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

15. Legal Capacity and Electronic Consent

The individual placing an order confirms that they are at least 18 years old and have authority to bind the Client.

The Agreement may be accepted electronically through order placement, a checkout checkbox, account registration, service activation, digital confirmation, or continued use after valid notice of updated terms. Cyberlocker may retain electronic records showing the version accepted, time, account, order, and confirmation event.

16. General Terms

• Entire agreement: the order, service-specific terms, this Agreement, the AUP, and Privacy Policy form the complete agreement for the service.
• Order of precedence: a signed or expressly accepted service order controls over conflicting general terms for that service.
• No waiver: delay in enforcement is not a waiver.
• Severability: unenforceable terms will be limited or removed while the remainder stays effective.
• Assignment: the Client may not assign the Agreement without written consent; Cyberlocker may assign it in connection with a restructuring, merger, sale, or affiliate transfer, subject to applicable law.
• Notices: operational and legal notices may be delivered through the client portal, account email, invoice, or website notice where appropriate.
• Updates: Cyberlocker may update these terms prospectively. Material changes to recurring commercial terms will be notified where practical.