Terms of service
- At the beginning of the Project a general Project Agreement is concluded between Astroserver and Client including the terms and conditions specified as follows:
- The Client appoints Astroserver and Astroserver undertakes to act on behalf of the Client to perform specific services (hereinafter referred to as Services). Astroserver conducts the Services or seeks for the best available provider to perform the Services. In the latter case Astroserver acts on behalf of the Client.
- The project assignment is effective for a fixed period, commencing on the following day after the Project Agreement is signed and expiring by fulfilling the Services and delivering the final product, or, at the latest on the date agreed by the parties. The term can be extended in a separate written agreement.
- Astroserver represents to have appropriate knowledge for the proper performance of the task. Astroserver represents that the provider holds all the licenses and qualifications required for rendering the Services. The Client agrees to make available all the information required by Astroserver to provide the Services. Astroserver makes all reasonable efforts to assure that the applied methods (e.g.: models) are appropriate to seek for solutions and the services are performed conscientiously to provide the state-of-the-art in the given task.
- Astroserver shall not be entitled to employ, include or share information with any third party in the performance of their obligations hereunder, except the qualified provider of the Services. The project related communication between the Client and the provider goes through Astroserver. The parties are not identified in this process, unless the project requires it and all parties mutually agree on listing their identity.
- Astroserver requests a fee for their services plus a project cost (approx. 5 EUR/day/CPU-thread for computing tasks). In general, the project cost depends on the nature of the project (computational, rendering, development or observing), therefore it is always negotiated. The fee and project cost represent all expenses incurred by Astroserver in connection herewith. The payment method shall be bank-transfer of which an electronic invoice will be provided at the end of the project.
- Astroserver (or the service provider) agrees to perform their Services on their premises using their infrastructure. The parties may deviate from this provision in a separate agreement.
- The Client undertakes to make available to Astroserver all the necessary documentation and information required for carrying out the Services so that the tasks could be fully performed in compliance with the Project Agreement. The Client pays the fee and reimburses the project costs to Astroserver for the Services.
- Astroserver undertakes to inform the Client of any delay, or additional requirements to perform the tasks in compliance with the Project Agreement. Astroserver shall assume no liability for incorrect data supplied by the Client. Astroserver provides the best service available in its network and regular feedback on the project development. Astroserver stores all online documentation for one year after completing the project. An extension of this period is possible in a separate agreement.
- Astroserver offers its service as-is. The Client understands that all research is experimental in nature and that the outcome of the Services is inherently uncertain and unpredictable. The Client agrees and acknowledges that Astroserver has not made and does not make any guaranty or financial liability, expressed or implied, regarding the results of the Services. In no event shall either party be liable to the other party for any claims by the other party for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, arising or alleged to raise from the Project Agreement, its breach, or the transactions contemplated herein, however caused, under any theory of liability.
- The parties may terminate the Project Agreement anytime in a written (email) notice. In the event of material breach hereof, the parties may terminate the Project Agreement in writing (email) with immediate effect.
- If the Client terminates the agreement, Astroserver is entitled for the agreed project fee and proportional part of the agreed costs. If Astroserver terminates the agreement, it is not entitled for any compensation. In case of the final results are failing to comply with the expectations laid out in the Project Agreement, the Client agrees to reimburse the project costs to Astroserver.
- The Client agrees to include the standard acknowledgement in all publications and presentations of the results: "This research has used the services of www.Astroserver.org under reference XXXXXX." In general, co-authorship is not requested by Astroserver. However, for collaborative science publications in refereed journals with text contributions or observing support from Astroserver, it is recommended to include the contributing Astroserver researcher as a co-author. For media contents the credits shall include the name (logo) of the producer with their Astroserver affiliation.
- The Client owns all rights of the supported data and intellectual property of the research. Astroserver provides the know-how and assistance to the project and does not circulate, publish or make available any data or any derived data products. The Client agrees to inform Astroserver about their publication of results, which Astroserver may use as reference work to demonstrate its services.
Last modified: February 22 2019