OSEVRA Limited
OSEVRA Website Terms of Service
1. ACCEPTANCE OF TERMS
By accessing and using this website (www.osevra.com), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
OSEVRA Limited ("we," "us," "our," or "Company") operates www.osevra.com (the "Website"). These Website Terms of Service ("Terms") apply to your use of the Website and any services offered through the Website, including but not limited to information access, contact forms, resource downloads, and support portal access.
Important: These Terms apply only to website access and use. If you are a customer of OSEVRA's managed Proxmox infrastructure services, your services are governed by a separate Master Service Agreement (MSA), Statement of Work (SOW), and Service Level Agreement (SLA). In the event of conflict between these Website Terms and your service agreement, your service agreement shall take precedence.
2. USE LICENSE
Permission is granted to temporarily download one copy of the materials (information, software, and graphics) contained on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. Modify or copy the materials.
b. Use the materials for any commercial purpose or for any public display (commercial or non-commercial).
c. Attempt to decompile or reverse engineer any software contained on the Website.
d. Remove any copyright or other proprietary notations from the materials.
e. Transfer the materials to another person or "mirror" the materials on any other server.
f. Use the Website or its content for any unlawful purpose or in violation of any applicable laws or regulations.
g. Harass, abuse, or harm another person through the Website.
h. Attempt to gain unauthorized access to any portion of the Website.
i. Interfere with the proper functioning of the Website.
j. Circumvent any security or authentication measures.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by OSEVRA Limited at any time. Upon termination of your viewing license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DISCLAIMER OF WARRANTIES
The materials on the Website are provided on an "as is" basis. OSEVRA Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, OSEVRA Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Website.
4. LIMITATIONS OF LIABILITY
In no event shall OSEVRA Limited or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if OSEVRA Limited or an authorized representative has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. ACCURACY OF MATERIALS
The materials appearing on the Website could include technical, typographical, or photographic errors. OSEVRA Limited does not warrant that any of the materials on the Website are accurate, complete, or current. OSEVRA Limited may make changes to the materials contained on the Website at any time without notice.
OSEVRA Limited does not, however, make any commitment to update the materials. Information on the Website may be outdated, and OSEVRA Limited makes no representations that such information is current or accurate.
6. MATERIALS AND CONTENT OWNERSHIP
The materials on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of OSEVRA Limited or its content suppliers and are protected by international copyright laws.
Your Content: If you submit, post, or display content on the Website (including but not limited to comments, feedback, or inquiries), you grant OSEVRA Limited a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such content in any media. You represent and warrant that you own or have the necessary rights to the content you submit.
OSEVRA Content: All content created by OSEVRA Limited, including but not limited to documentation, guides, whitepapers, case studies, and software, remains the exclusive property of OSEVRA Limited. You may not reproduce, distribute, or transmit such content without prior written permission.
7. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to third-party websites. OSEVRA Limited is not responsible for the contents of any linked website, any links contained in a linked website, or any changes or updates to a linked website. OSEVRA Limited is not responsible for webcasting or any other form of transmission received from any linked website.
OSEVRA Limited is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OSEVRA Limited of the site or any association with its operators.
8. MODIFICATIONS TO WEBSITE TERMS
OSEVRA Limited may revise these Website Terms of Service for the Website at any time without notice. By using the Website, you are agreeing to be bound by the then current version of these Website Terms of Service.
We will notify you of material changes to these Terms by posting a notice on the Website or by sending you an email. Your continued use of the Website after such notice constitutes your acceptance of the revised Terms.
9. GOVERNING LAW AND JURISDICTION
These Website Terms of Service and any separate agreements we may have with you relating to the Website are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
You agree that any legal action or proceeding relating to the Website shall be brought exclusively in the courts of New Zealand, and you consent to the personal jurisdiction and venue of such courts.
For International Users: If you are accessing the Website from outside New Zealand, you are responsible for compliance with local laws. These Terms are governed by New Zealand law regardless of your location.
10. DISPUTE RESOLUTION
Informal Resolution: Before initiating any legal proceeding, you agree to attempt to resolve any dispute informally by contacting OSEVRA Limited at office@osevra.com with a detailed description of the dispute.
Arbitration: If informal resolution fails, any dispute arising out of or relating to these Website Terms shall be resolved by binding arbitration in accordance with the Arbitration Act 1996 (New Zealand). The arbitration shall be conducted in English in Auckland, New Zealand.
Exceptions: Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.
11. ACCEPTABLE USE POLICY
You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms, or in any way that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website.
Prohibited behavior includes:
a. Harassment or Abuse: Harassing, threatening, embarrassing, or causing distress or discomfort to any individual or organization.
b. Illegal Activity: Engaging in any illegal activity or promoting illegal activity.
c. Spam: Sending unsolicited commercial messages, chain letters, or spam.
d. Malware: Uploading viruses, malware, or other malicious code.
e. Hacking: Attempting to gain unauthorized access to the Website or any connected systems.
f. Impersonation: Impersonating any person or entity or misrepresenting your affiliation.
g. Intellectual Property Infringement: Uploading, posting, or transmitting content that infringes third-party intellectual property rights.
h. Defamation: Posting content that is defamatory, libelous, or slanderous.
i. Privacy Violation: Collecting or transmitting personal information without consent.
j. Disruption: Disrupting the normal flow of dialogue or otherwise acting in a manner that negatively affects other users' ability to use the Website.
12. PRIVACY AND DATA PROTECTION
Your use of the Website is also governed by our Privacy Policy. Please review the Privacy Policy to understand our practices regarding the collection and use of your information.
We are committed to protecting your personal information in accordance with applicable data protection laws, including the Privacy Act 2020 (New Zealand) and the privacy laws of other APAC jurisdictions.
13. SUPPORT PORTAL AND ACCOUNT ACCESS
If you have access to a support portal or account on the Website, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You agree to:
a. Provide accurate and complete information when creating an account.
b. Maintain the security of your credentials.
c. Notify OSEVRA Limited immediately of any unauthorized use.
d. Accept responsibility for all activities under your account.
OSEVRA Limited reserves the right to suspend or terminate your account if you violate these Terms or engage in prohibited behavior.
14. CONTACT FORMS AND INQUIRIES
When you submit information through contact forms or inquiry forms on the Website, you agree that:
a. The information you provide is accurate and complete.
b. You have the authority to provide such information.
c. OSEVRA Limited may use the information to respond to your inquiry or contact you regarding services.
d. Your information will be handled in accordance with our Privacy Policy.
OSEVRA Limited is not obligated to respond to all inquiries or maintain confidentiality of information submitted through contact forms.
15. DOWNLOADS AND RESOURCES
The Website may offer downloadable resources, including documentation, guides, whitepapers, and software. These resources are provided "as is" without warranty of any kind. By downloading any resource, you agree that:
a. You will use the resource only for lawful purposes.
b. You will not distribute, reproduce, or transmit the resource without permission.
c. You assume all risk associated with downloading and using the resource.
d. OSEVRA Limited is not liable for any damage resulting from use of the resource.
16. LIMITATION OF LIABILITY FOR WEBSITE
IN NO EVENT SHALL OSEVRA LIMITED, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF OSEVRA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OSEVRA Limited, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
a. Your use of the Website.
b. Your violation of these Terms.
c. Your violation of any applicable law or regulation.
d. Your infringement of any third-party intellectual property rights.
e. Content you submit or post on the Website.
f. Your conduct or actions related to the Website.
18. TERMINATION OF ACCESS
OSEVRA Limited reserves the right to terminate your access to the Website at any time, without notice, for any reason or no reason, including if you violate these Terms or engage in prohibited behavior.
Upon termination, your right to use the Website immediately ceases. OSEVRA Limited is not liable to you or any third party for termination of your access.
19. SEVERABILITY
If any provision of these Website Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
20. ENTIRE AGREEMENT
These Website Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and OSEVRA Limited regarding your use of the Website and supersede all prior agreements, understandings, and negotiations.
21. CONTACT INFORMATION
If you have questions about these Website Terms of Service, please contact us at:
OSEVRA Limited
Email: office@osevra.com
Website: www.osevra.com
22. ADDITIONAL TERMS FOR SERVICE CUSTOMERS
If you are a customer of OSEVRA's managed Proxmox infrastructure services, your services are governed by:
a. Statement of Work (SOW) - Project-specific terms and deliverables.
b. Master Service Agreement (MSA) - Legal framework and service terms.
c. Service Level Agreement (SLA) - Performance targets and support levels.
These service agreements take precedence over these Website Terms of Service. In the event of any conflict, your service agreement shall control.
For questions about your service agreement, please contact office@osevra.com.