Last Update: 8 August, 2021
Welcome and thanks for your interest in the trial of Tilaa and our IaaS solution (“Trial Service”)!
Article 1. General
1.1 Our Trial Service is exclusively governed by these trial terms (“Trial Terms”) and the general terms and conditions of Tilaa (“General terms and conditions”), with the exception of other mandatory stipulations.
1.2 In the event of a conflict between any of the stipulations contained in the Trial Terms and General terms and conditions, the Trial Terms shall prevail.
1.3 The “Customer” is the natural or legal entity that uses the Trial Service or the party to which the use of the Trial Service has been transferred. If the Customer is using the Trial Service on behalf of an organization, the Customer represent and warrant that he or she has the authority to bind that organization to these Trial Terms.
1.4 Tilaa (“Tilaa” “us” or “we”) and the Customer shall mean the entity the Customer represent or, if that does not apply, the Customer individually may each be referred to as a “Party” and collectively as the “Parties”.
Article 2. The Trial Service
2.1 We offer only new Customers access to and use of our Trial Service, which may include:
(a) the generally available Tilaa VPS;
(b) available add-ons (big disk, snapshots, managed back-ups).
2.2 The Trial Service is available free of charge for a period of fourteen (14) days from the date of approval (“Trial Period”) provided that such use is limited per each new Customer (an individual or a company) to one Trial.
2.3 During the Trial Service approved accounts are upgraded with fifty (50) Euro of credit (“Tilaa Credit”). The Tilaa Credit is free to be spent on the following Tilaa products during the Trial Period:
(a) VPS;
(b) Snapshots;
(c) Big disk;
(d) NFS Storage.
The following Tilaa products are, upon payment by the Customer, also available during the Trial Period:
(a) Microsoft software & control systems;
(b) Controle panel (Cpanel or DirectAdmin);
(c) Additional IP addresses;
(d) Managed server pack;
(e) Managed back-up.
The Tilaa Credit shall automatically expire after the Trail Period and is no longer usable, nor is Tilaa required to pay out, repay or sett-off the Tilaa Credit. The Tilaa Credit may only be used to try out our Tilaa Service.
2.4 In case of the Customer do not license a commercial version of the Trial Service subsequently immediately after the Trial Period, the Tilaa products referred to in article 2.3 shall be no longer accessible for the Customer after the Trial Period. In addition, the VPS referred to in article 2.3 (a) shall be deleted two (2) weeks after the Trial Period.
2.5 We reserve the right to discontinue the provision of Trial Service at any time, without prior notice if the Customer:
(a) has given Tilaa false and/or incorrect details;
(b) has failed to provide correct details or changes (in a timely manner);
(c) misuses the Trial Service;
(d) does not comply with the Trial Terms and/or with the general terms and conditions of Tilaa.
Article 3. Registering an Account
3.1 To use the Trial Service, we require the Customer to obtain an account (“Account”) by completing our Trial form & registration form. When registering with us the Customer must:
(i) provide true, current and complete information about himself/herself, and
(ii) maintain such information so it continues to be true, current and complete.
3.2 The Customer is responsible for his/her account and only the Customer may use it.
3.3 If the Customer his or her login credentials are lost or stolen, or if the customer become aware of any unauthorized use of his or her Account or the Trial Software please contact Tilaa support.
3.4 We may collect certain Account registration and use data and information about the Customer and the Customer his or her use of the Trial Service and otherwise in connection with such use. Any collection and use of all such data and information will be in accordance with these Trial Terms and our Privacy Policy which the Customer acknowledges.
3.5 The Trial Software is accessible only to users registered with us.
3.6 We reserve the right to decline any Account registration if the Customer:
(a) has given Tilaa false and/or incorrect details;
(b) has failed to provide correct details or changes (in a timely manner);
(c) entered into the Account registration under false pretenses.
Article 4. Limited License and Restrictions
4.1 Subject to the terms and conditions of these Trial Terms, Tilaa grants the Customer a limited, non-exclusive, non-sublicensable, non-transferable, revocable, license to use the Trial Service during the Trial Period solely for evaluation purposes in the Customer his or her internal business operations or for the Customer his or her own purposes (“Trial License”).
4.2 We retain ownership of the Trial Service, all accounts, updates and derivatives thereof. The Customer agrees that he or she shall not (and will not allow any third party to):
(a) directly or indirectly circumvent or violate the technical restrictions of the Trial Service;
(b) sell, sublicense, rent, lease, distribute, market, or commercialize the Trial Service for any purpose;
(c) remove or change any product identification, proprietary, copyright or other notices contained in the Trial Service;
(d) modify or create a derivative work of any portion of the Trial Service; or
(e) publicly disseminate performance information or analysis including, without limitation benchmarking test results related to the Trial Service.
4.3 The Trial License will automatically terminate upon the expiration of the Trial Period. The Customer may license a commercial version of the Trial Service and use all of its available features, by configuring a Virtual private server via my.tilaa.com.
Article 5. Trial Support Service
5.1 We may provide limited, free of charge, informational and support service for the Trial Service (“Trial Support”).
5.2 Trial Support may be available via email at support@tilaa.com.
5.3 Tilaa will not be responsible for any resulting delays in providing Trial Support.
Article 6. Warranty Disclaimer & Limitation of Liability
6.1 The Trial Service is provided “as is”, “with all faults” and “as available” and Tilaa its affiliates and licensors make no (and hereby disclaim all) representations or warranties of any kind, whether express, implied, statutory or otherwise, regarding the Trial Service, including, without limitation, any warranty that the Trial Service will be uninterrupted, error-free or free of harmful components, or that the content will be secure or not otherwise lost or damaged, any warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or quiet enjoyment, and any warranty arising out of any course of performance, course of dealing or usage of trade.
6.2 To the extent permitted by applicable law, in no event shall Tilaa and its affiliates, partners, resellers, officers, employees, agents, suppliers or licensors, be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit, goodwill, use or data), even if the Customer has been advised of the possibility of such damages, arising out of or related to these Trial Terms.
Article 7. Indemnification
7.1 The Customer agrees to indemnify Tilaa and Tilaa staff for all third-party claims, specifically third-party product liability claims resulting from a fault in a product or system supplied by the Customer to a third party and that partly comprised of hardware, software, websites, data files or other content supplied by Tilaa unless and in so far as the Customer proves that the damage was caused by the hardware, software, websites, data files or other content.
7.2 The Customer will defend Tilaa also against any cost, loss, damage, or other liability arising from any third party demand or claim that the Customer his or her use of the Trial Service:
(a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Tilaa’s actions); or
(b) violates applicable law, these Trial Terms and/or the General terms and conditions.
7.3 We will reasonably notify the Customer of any such claim or demand that is subject to his or her indemnification obligation.
Article 8. Intellectual Property Rights
8.1 All intellectual property rights on all software developed or made available by Tilaa pursuant to the Trial Service such as analyses, documentation, reports, quotations, as well as the preparatory material, remain vested exclusively in Tilaa or its licensors. The Customer is granted the user rights and permissions that are expressly or otherwise granted by these conditions and shall not reproduce or make copies of the software or other content.
8.2 The Customer is not permitted to remove or modify any copyright notices or trademarks, brands or logos or other intellectual property rights referred to in article 8.1.
Article 9. Applicable Law and disputes
9.1 These Trial Terms are governed by the laws of the Netherlands.
9.2 The Parties can bring disputes regarding the Trial Service before the court of competent jurisdiction in Amsterdam. Tilaa can also decide to bring the dispute before the court of competent jurisdiction in the place of residence of the Customer.
Article 10. General
Severability; Entire Agreement
10.1. These Trial Terms apply to the maximum extent permitted by Dutch law. If a Dutch court holds that the Parties can not enforce a part of these Trial Terms as written, the Customer and Tilaa will replace those terms with similar terms to the extent enforceable under Dutch law, but the rest of these Trial Terms will remain in effect.
10.2 With due regard to article 1.1, this is the entire contract between the Customer and Tilaa regarding the Trial Service. It supersedes any and all prior contracts or oral or written statements regarding the Customer his or her use of the Trial Service.
Amendments to the Trial Terms
10.3 Tilaa reserves the right to modify or supplement these Trial Terms.
10.4 Amendments also apply to Trial Terms already in effect, with due regard for a term of seven (7) days after the amendment has been announced on Tilaa’s website or by electronic message. Changes of a minor nature can be made at any time.
10.5 If notification is sent electronically, it will be sent by e-mail to the contact e-mail address provided to Tilaa by the Customer.
Assignment and transfer
10.6 We may assign, transfer, or otherwise dispose of our rights and obligations under these Trial Terms, in whole or in part, at any time without notice. The Customer may not assign this contract or transfer any rights to use the Trial Service, unless Tilaa agrees in writing.
Independent Contractors; No Beneficiaries
10.7 Tilaa and the Customer are not legal partners or agents; instead, their relationship is that of independent contractors. This agreement is solely for the Customer his or her and our benefit. It is not for the benefit of any other person, except for permitted successors.
Force Majeure
10.8 Tilaa shall not be responsible for any failure to provide any Trial Service or perform any obligation under the Trial Terms in the event of force majeure, which includes outages or disruptions of the Internet, the telecommunications infrastructure, power outages, riot or civil commotion, mobilization, war, shortages of or inability to obtain shipping, strikes, lockouts, work stoppages, equipment or delivery shortages, fires, floods, import and export embargoes and facilities shortages such that Tilaa cannot reasonably be expected to carry out its obligations under the Trial Terms.
Notices
10.9 All communications and notices to be made or given pursuant to these Trial Terms must be in English or Dutch. We may provide any notice to the Customer under these Trial Terms by posting a notice on our website for the applicable Trial Service or via email to the address associated with the Customer his or her Account. The Customer will be deemed to have received any email sent to the email address then associated with the Customer his or her Account. To give us notice under these Trial Terms, the Customer must:
(i) email us at support@tilaa.com; or
(2) send us her or his notice by certified mail, return receipt requested, to: Willemsplein 2, 5211 AK 's-Hertogenbosch
Tilaa
Willemsplein 2
5211 AK
's-Hertogenbosch
The Netherlands