Terms Of Service
Updated October 12th, 2023/ Effective October 19th, 2023
- Services
- Intellectual property rights in the Website
- Copyright Policy
- Prices
- IPv6 Address Space Declaration & RIPE NCC Compliance
- Payments
- Right of withdrawal
- Customer support
- Service level agreement
- Data backup
- Proprietary Rights
- Third-Party software
- Privacy
- Availability of Services
- Limitation of liability
- DISCLAIMER OF WARRANTIES
- Indemnity
- Force Majeure
- Relationship of the Parties
- Violations of these Terms
- Assignment
- Governing law
- Disputes
- Waiver
- Entire Agreement
- Severability
- Amendments
- Last amendment
- Contact Us
IMPORTANT. PLEASE READ CAREFULLY:
These Terms of Service (hereinafter, referred to as the “Terms”) is a legal agreement between you (either an individual or a single entity) and RapidSeedbox Limited having a principal place of business at 8/F., China Hong Kong Tower, 8-12 Hennessy Road, Wan Chai, Hong Kong (hereinafter, referred to as “RapidSeedbox”, “we”, “our”, “us”) for the services provided through the website www.rapidseedbox.com hereinafter, referred to as the “Services”) (hereinafter, you and RapidSeedbox are sometimes collectively referred to as the “Parties” and each individually a “Party”). By using or purchasing the Services, you agree to be bound by these Terms. The most current version of these Terms can be accessed at Terms of Service.
RapidSeedbox reserves the right to change, modify, or replace these Terms at any time, within its sole and absolute discretion. Upon a change in these Terms, RapidSeedBox will provide you with notice that these Terms have changed. Your continued use of the Services after a change in these Terms constitutes your manifestation of asset to any such change, modification, or replacement.
NOTICE OF ARBITRATION. THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THESE TERMS, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND RAPIDSEEDBOX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
1. Services
1.1 By using the Services, you warrant and agree that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third party, you warrant that you possess actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant and agree that you are not prohibited from entering into these Terms by the terms of any preexisting agreement.
1.2 You acknowledge and agree that the Services are the property of or are licensed by RapidSeedbox and are protected under law, including, but not limited to, intellectual property laws or other personal and proprietary rights. You acknowledge and agree that your use of the Services is limited by the license granted under these Terms, and you expressly agree that you will not use the Services in any manner not expressly authorized under these Terms. RapidSeedbox reserves all rights not expressly granted through these Terms.
1.3 RapidSeedbox provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Services for their customary and intended purposes, such as the hosting of digital files by using a remote server hosted in a high-bandwidth data center, proxy services, virtual private network (VPN), and internet protocol rental services. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Services.
1.4 Acceptable Use Policy. When you use the Services, you agree to use them only for their customary and intended purposes and as permitted by these Terms and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under these Terms and for any losses suffered by RapidSeedbox for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
- Attempting to access the Services other than through standard means unless you have been permitted to do so by RapidSeedbox through a separate, written agreement;
- Accessing or attempting to access the Services through automated means;
- Circumventing the technological protection measures of the Services;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Services or third parties;
- Disrupting or otherwise interfering with the Services or their associated servers or networks;
- Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Services or their content;
- Diverting or attempting to divert customers of the Services to another website or service;
- Reverse engineering, decompiling, translating, or disassembling the Services or their content;
- Using the Services to transmit viruses, worms, or denial of service attacks; and
- Encouraging or assisting any other party to do anything in violation of these Terms.
RapidSeedbox reserves the right to modify, amend, or terminate its Services or their associated content at any time and without prior notice. RapidSeedbox also reserves the right to refuse service or access to the Services to any person or business entity at any time and without notice.
1.5 Technical steps to purchase the Services. If you would like to purchase the Services, you need to perform the following steps: (1) visit the website www.rapidseedbox.com (hereinafter, referred to as the “Website”); (2) Locate the products and plans we offer, as presented in pricing tables on our homepage, and internal pages (3) choose a subscription plan in the pricing table; (4) press the button “Buy Now” under the chosen subscription plan, billing cycle, and currency; (5) Create your account by submitting your email, password, first name, and last name; (6) Choose your payment method and click “Pay.” When you make the required payment, we will send you a confirmation email about your order. By paying the price of the Services and receiving a confirmatory email, you conclude a service contract in English between you and RapidSeedbox based on these Terms. After receiving your payment, we will provide you access to the Services
1.6 The details of your specific contract will not be filed by us, and therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us by using the contact details mentioned in Section 28.
1.7 Correcting input errors. You will be able to identify and correct any input errors prior to paying the price of Services. If you have made any input error in your shopping cart, please go to your shopping cart and correct your error.
1.8 RapidSeedbox may provide you with the ability to register a user account (“User Account”), which may provide you with access to additional areas of the Services, including, but not limited to, the ability to edit your personal or personally identifiable information, update your billing methods, and review your purchase history. When registering a User Account, you must provide RapidSeedbox with accurate, current, and complete information. You shall update the information in your account if this information becomes out of date. You are responsible for keeping your User Account information safe and secure, including your username and password, and you are solely responsible for the activity that occurs through your User Account. Although RapidSeedbox will not be liable for any losses caused by any unauthorized use of your User Account, you may be held liable for the losses of RapidSeedbox or others due to such unauthorized use. If you become aware of any breach of security or unauthorized use of your password or your User Account, you must notify RapidSeedbox immediately. You agree that you will not sell, transfer, license, or assign your User Account or access thereto. RapidSeedbox reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, RapidSeedbox may contact you by any available means, including, but not limited to, email.
1.9 License to User-Generated Content. RapidSeedbox may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Services, including, but not limited to, any content uploaded to the Services’ virtual private servers (collectively, “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of these Terms, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User-Generated Content to RapidSeedbox, you grant RapidSeedbox a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended use of the Services. By submitting User-Generated Content to RapidSeedbox, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to RapidSeedBox.
1.10 You understand and agree that RapidSeedbox provides the Services as a service and will not be held liable for and takes no responsibility for your interactions with users of the Services or other third parties. You understand and agree that RapidSeedbox is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that RapidSeedbox cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though RapidSeedbox may edit, remove, or control the content submitted to and displayed through the Services by third parties, it will not be held liable for that content. The Services may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by RapidSeedbox.
1.11 Unless you exercise the right of withdrawal specified in Section 6 of these Terms, you are not entitled to a refund of any prices paid by you before the termination of your service contract. If you exercise the right of withdrawal, you may be entitled to a full or partial refund in accordance with Section 6 of these Terms. The right of withdrawal does not apply to service contracts related to our dedicated servers.
1.12 When signing up for the Services, you may sign up to receive our newsletter. When you use our Services, you may receive promotional information from us regarding the Services that are similar to the Services used by you. You may opt out of marketing emails at any time at your discretion by clicking the “Unsubscribe” button at the bottom of every email received.
1.13 By signing up, you grant RapidSeedbox the right to use your company name and logo in our marketing materials, website, and communications for marketing, promotional, and testimonial purposes.
2. Intellectual property rights in the Website
2.1 All titles and copyrights in and to the website’s content, including, but not limited to, any applets, animations, audio, images, photographs, music, and text, are owned by RapidSeedbox or its suppliers. The content of the Website is protected by copyright laws and international copyright agreements. Subject to these Terms, RapidSeedbox hereby grants you a non-exclusive and non-transferable license to use the Website’s content. RapidSeedbox may terminate this license if you breach these Terms.
3. Copyright Policy
The Services and their associated content and services are © 2023 RapidSeedbox.
If you believe that a user of the Services has infringed upon your copyright rights, you may provide RapidSeedbox a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, RapidSeedbox will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Services;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a user of the Services who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Services;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which the Services are located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to RapidSeedbox at [email protected]. RapidSeedbox may terminate a user’s access to the Services and/or block access to the Services if the user is determined to be a repeat infringer, which will be determined upon RapidSeedbox’s receipt of three or more valid notices of claimed infringement within a six (6) month period.
4. Prices
4.1 The prices indicated on the Website are indicated in two currencies, namely, EUR and USD. You can select the currency in which you would like to pay the prices.
4.2 The prices remain valid as long as they are indicated on the Website.
4.3 We may alter our price list from time to time. The price applicable is that set at the date on which you order your Services.
5. IPv6 Address Space Declaration & RIPE NCC Compliance
5.1 Declaration of Accuracy – By requesting, receiving, or using IPv6 address space allocated or assigned by RapidSeedbox, the Client represents and warrants that:
- All information and documentation provided to RapidSeedbox in connection with such request is true, accurate, complete, and not misleading.
- The Client understands that providing false, inaccurate, incomplete, or misleading information may result in denial, suspension, revocation, or return of IPv6 resources.
- The Client agrees to promptly update RapidSeedbox if any material information related to the justification of IPv6 usage changes.
5.2 Legitimate Operational Need – The Client confirms and agrees that:
- The requested IPv6 address space is required for legitimate, documented operational purposes.
- The size of the allocation or assignment is justified by the Client’s current and reasonably planned infrastructure requirements.
- The address space will be actively used in accordance with documented technical deployment plans.
- The request is not made for speculative purposes, resale-only intent, address warehousing, or any non-operational use.
RapidSeedbox reserves the right to request reasonable documentation demonstrating operational need in line with applicable registry policies.
5.3 RIPE NCC Policy Compliance – The Client acknowledges and agrees that:
- All IPv6 address space provided by RapidSeedbox is subject to the policies of the RIPE NCC.
- Usage must comply with RIPE-738 (IPv6 Address Allocation and Assignment Policy) and any other applicable RIPE NCC policies, procedures, or future amendments.
- IPv6 resources are not owned by the Client and remain subject to registry governance and compliance requirements.
- Continued right of use is conditional upon ongoing compliance with RIPE NCC policies.
- The Client may be required to provide additional documentation, justification, or cooperation in the event of audits, compliance reviews, or policy validation processes conducted by RapidSeedbox or RIPE NCC.
Failure to comply may result in suspension or revocation of IPv6 resources
5.4 Electronic Acceptance – Acceptance of these Terms of Service, continued use of services, or electronic confirmation (including via email or client portal acknowledgment) constitutes binding agreement to this IPv6 Address Space Declaration and RIPE Compliance Statement
6. Payments
6.1 You can purchase the Services by using (1) PayPal, (2) Cryptocurrencies, or (3) a credit card.
6.2 PayPal may collect payment information from you, which will allow PayPal to make the payments requested by you. If you use PayPal, we will not store your credit/debit card information. PayPal handles all the steps in the payment process on their websites, including data collection and data processing. Please provide your personal information to PayPal only after reviewing its privacy policy and terms of use.
6.3 It is your responsibility to verify that all transaction information and other details are correct. RapidSeedbox shall have no liability for transactions that are incorrect because of factors beyond RapidSeedbox’s control.
6.4 RapidSeedbox accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and the provider of payment services.
6.5 If you do not make the payments required for using the Services, we may retain or remove content stored by you on our servers.
6.6 RapidSeedbox shall not be held liable or responsible for any taxes assessed against you or your use of the Services
7. Right of withdrawal
7.1 Right of withdrawal. Subject to the terms of this section 6, you have the right to withdraw from the service contract without giving any reason:
Seedbox and VPN services – within 14 days from the conclusion of the service contract (initial product purchase)
Proxy and IP Rental services – within 24 hours from the conclusion of the service contract (initial product purchase)
The withdrawal period will expire after 14 days for Seedbox and VPN services and in 24 hours for Proxy and IP Rental services from the day of the conclusion of the service contract. To exercise the right of withdrawal, you must inform RapidSeedbox of your decision to withdraw from the service contract by an unequivocal statement. You can use the following contact details to exercise your rights of withdrawal: Email: [email protected] You may use the model withdrawal form in Section 6.3, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
7.2 Exceptions from the right of withdrawal. Your right of withdrawal does not apply in the following cases:
- If you use the services as a non-consumer (a ‘consumer’ is any natural person who is acting for purposes which are outside his trade, business, craft, or profession); or
- If the provision of the Services has started with your consent and the contract has been fully performed (if the contract has not been fully performed, we reserve the right to charge you proportionally for the period that you have used the Services – for example, if you pay us for a monthly subscription and exercise your right to withdrawal after 10 days of using our services, we reserve the right to provide you with a proportional refund covering only the remaining days of your monthly subscription); or
- We have reason to believe that your request for withdrawal is abusive (e.g., due to repetitive requests received from the same person).
- The right of withdrawal is not applicable if there is reasonable suspicion of abusive, fraudulent, or illegal activity. Specifically, for IP rentals, if any IP address or IP range provided as part of the service is used for spamming, phishing, or other abusive or illegal activities—including but not limited to actions that result in the degradation of the IP range’s reputation, such as listings on major blacklists (e.g., SpamHaus, Barracuda, SURBL, AbuseIPDB, Proofpoint)—the client forfeits any right to refunds. Furthermore, the service provider reserves the right to suspend or terminate access to such services without prior notice if abuse is detected or reported. Health and reputation of IPs may be evaluated via industry-standard tools including, but not limited to, Talos Intelligence, MXToolbox, SpamHaus, and MultiRBL.
7.3 Effects of withdrawal. If you qualify for the right of withdrawal, we shall reimburse to you all payments received from you (subject to the right to provide only a partial refund in accordance with these Terms), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the service contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have used the Services before communicating your wish for withdrawal to us, we reserve the right to charge you the fee corresponding to the time period for which you have used the Services.
7.4 Model withdrawal form. — To: RapidSeedbox Email: [email protected] — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), — Ordered on (*)/received on (*), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date (*) Delete as appropriate.
7.5 We do not tolerate any abuse of our services. In order to prevent abuse of these Terms, RapidSeedbox reserves the right to refuse future services to (i) a customer who seeks multiple refunds; and (ii) a customer who has violated these Terms.
7.6 The right of withdrawal in this Section 6 applies to Seedboxes only. It does not apply to dedicated servers.
8. Customer support
8.1 If you would like to send a customer or technical support query to us, please contact us by using the live chat functionality in your client area. 7.2 By purchasing the Services, you agree that the support provided by RapidSeedbox is on an “as-is” and “as-available” basis. RapidSeedbox does not guarantee that our support will be available at any time and/or our support will be able to resolve your problem.
9. Service level agreement
9.1 Downtime compensation. If you do not have access to the Services for a period exceeding 12 hours, RapidSeedbox will issue you a credit equal to the duration of the downtime. Any downtimes that last less than 12 hours may or may not be credited. RapidSeedbox will not compensate you for any downtime caused by your ISP or your connectivity to our servers.
9.2 Additional downtime compensation. In our sole discretion, we may provide you with a downtime compensation that is more beneficial than the downtime compensation stated in the preceding Section. 8.3 We will not provide any compensation for the loss of data caused by a human error on your behalf.
10. Data backup
10.1 You are solely responsible for ensuring backup of Your Content unless you and RapidSeedbox have arranged that the Services will include backup. We shall not be liable for loss of data or failure to recover data irrespective of the type of failure.
11. Proprietary Rights
11.1 You understand and agree that the Services, including, but not limited to, their source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of RapidSeedbox. Under these Terms, you do not acquire any ownership rights to the Services or the data or content contained therein. You acquire only a limited license to use the Services subject to the terms of this Agreement. All other rights are reserved by RapidSeedBox.
11.2 You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Services by RapidSeedbox, including, but not limited to, RAPIDSEEDBOX, are common law or registered trademarks owned by or licensed to RapidSeedbox. You are expressly prohibited from using the trademarks of RapidSeedbox to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of RapidSeedbox in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
12. Third-party software
12.1 You may use the Services in combination with third-party software. Such third-party software may be governed by separate agreements. By downloading, installing, or otherwise using such third-party software, you may be bound by the terms of the end-user licenses governing third-party software. RapidSeedbox shall not be responsible for any third-party software.
13. Privacy
13.1 By using or purchasing the Services, you agree that RapidSeedbox may collect and process your personal information. The Privacy and Cookie Policy governs the collection, processing, and disclosure of your personal information in relation to the Services.
14. Availability of Services
14.1 You understand and agree that the Services may, without prior notification to you, interrupt at any time and may continue for any duration. You agree that, under no circumstances, we shall be held liable for any damages arising out of or related to such interruptions. One or more such interruptions shall not constitute a default under these Terms.
14.2 Usage Restrictions for Specific Seedbox Plans: Users subscribed to the “Fast” Seedbox plan are expressly prohibited from using streaming applications that are exclusively supported on the “Stream” plan or higher-tier plans. Any violation of this clause may result in suspension or termination of the user’s account, at the sole discretion of RapidSeedbox.
15. Limitation of liability
15.1 WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT RAPIDSEEDBOX WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SERVICES OR TRANSACTIONS THAT OCCUR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT RAPIDSEEDBOX’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO HALSTEAD OR $1,000, WHICHEVER IS LESS.
16. DISCLAIMER OF WARRANTIES
16.1 TO THE EXTENT NOT PROHIBITED BY LAW, THE SERVICES PROVIDED RAPIDSEEDBOX ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL RAPIDSEEDBOX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES EVEN IF RAPIDSEEDBOX WAS ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IF THE SERVICES ARE DISRUPTED OR INTERRUPTED, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES CAUSED BY SUCH A DISRUPTION OR INTERRUPTION.
17. Indemnity
17.1 You agree to indemnify, defend, and hold harmless RapidSeedbox, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from and against any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Services, (ii) your submission of User-Generated Content to the Services, (iii) your violation of any term, warranty, condition, or covenant of these Terms, (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend RapidSeedbox will not provide you with the ability to control RapidSeedbox’s defense, and RapidSeedbox reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
18. Force Majeure
18.1 RapidSeedbox shall not be liable to you or other persons for any failure of performance of any obligation vested in these Terms if such failure is caused by any events beyond RapidSeedbox’s reasonable control, including, but not limited to, acts of God, acts of terrorism, cable cuts, strikes, wars, fires, floods, vandalism, injunctions, hurricane, governmental acts, riots, third-party provider outages, injunctions, power crisis shortages, and explosions.
19. Relationship of the Parties
19.1 The Parties are independent contractors, and these Terms do not make you an employee, partner, agent of, or joint venturer with RapidSeedbox for any purpose. You agree that you are, and will remain, an independent contractor in your relationship with RapidSeedbox.
20. Violations of these Terms
20.1 If you violate any of the Terms, in addition to any other remedies available at law or in equity, RapidSeedbox shall have the right, in its sole discretion, to suspend or terminate immediately the Services provided to you.
21. Assignment
21.1 You may not assign your rights under these Terms without the prior written consent of RapidSeedbox, and any such attempted assignment shall be void. This Agreement shall be binding upon the Parties’ permitted assigns and respective successors.
22. Governing law
22.1 You and RapidSeedbox agree that any dispute arising out of or related to these Terms or your use of the Services, including, but not limited to, your purchase or use of the Services, will be governed by the laws of the State of New York, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of these Terms will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and RapidSeedbox agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services, including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.
This arbitration will be conducted in the English language. The decision of the Neutral will be final and binding on the parties and judgment on any award(s) rendered by the Neutral may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The Neutral shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the Neutral may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND HALSTEAD EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year from the date on which the claim accrued or will otherwise be barred.
23. Disputes
23.1 To the extent not prohibited by applicable law, any controversy or claim arising out of or relating to the use of the Website and/or the Services shall be settled by binding arbitration in accordance with the rules of New Era ADR, Inc (https://neweraadr.com). The costs of arbitration shall be initially borne by the claimant and later apportioned by the arbitrator. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award. If the respondent does not reply to the claimant within the time period prescribed by the arbitration panel, the arbitration panel shall be entitled to issue a decision in absentia.
24 Waiver
24.1 A failure of a Party to enforce strictly a provision of these Terms shall in no event be considered a waiver of any part of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable, and in writing.
25. Entire Agreement
25.1 These Terms constitute the entire understanding between the Parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the Parties relating thereto.
26. Severability
26.1 The unenforceability of any single provision of these Terms shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Parties shall use their best endeavors to negotiate and agree upon an enforceable provision, which achieves to the greatest extent possible the economic, legal, and commercial objectives of the unenforceable provision.
27. Amendments
27.1 RapidSeedbox reserves the right, at its sole discretion, to change or modify these Terms at any time. Unless otherwise stated in these Terms, any such change or modification shall be effective when published on the Terms of Service page. Therefore, you should regularly visit the URL to review the current version of the Terms so you are aware of any revisions to which you are bound. Your continued use of the Terms after any such changes constitutes your acceptance of the revised Terms. If you do not agree to abide by the revised Terms, please stop using the Services and the Website.
28. Last amendment
28.1 These Terms were last amended on the 20th of December, 2023.
29. Contact us
29.1 If you have any questions about these Terms, please contact us using the live chat functionality on our website. You can also contact us by email at [email protected].