Terms & Conditions

EBS General Terms of Services

These are the general terms and conditions of Engineering Business Services a limited liability company that trades under the trade name ‘Engineering Business Services’ and has its registered office in Port-Vila, Vanuatu. The following terms and conditions describe under which conditions you (“User”) are entitled and able to use the offered services of Engineering Business Services on either of our provided services (PEJ.vu, SMS.vu, Consulting …). By registering yourself, you accept the following Terms and Conditions, our Privacy policy and AUP (Acceptable Use Policy). The policies apply when you create an account and you use our Services in any way. If you have any questions regarding these Terms and Conditions, you can contact us by using the contact form.

    1. These Terms and Conditions apply to all offered services and in the context of the offered services: offers, tenders and agreements by and between Engineering Business Services and User.
    2. Any deviations from these Terms and Conditions are only valid if agreed upon explicitly in writing.
    3. The applicability of any purchase, delivery or other conditions of User are expressly rejected. By completing the registration form User expressly agrees to these Terms and Conditions.
    4. Engineering Business Services reserves the right to modify these Terms and Conditions at any time. In the event the Terms and Conditions are substantially modified, the User shall be notified not later than two (2) weeks in advance through the general e-mail address registered in your account. In the event the User has not objected against the modification within two (2) weeks after the notification, the Terms and Conditions shall be considered to be accepted by User. In the event the User does not accept the modified Terms and Conditions, Engineering Business Services will reserve the right to cancel the account.
    1. All periods and dates specified by Engineering Business Services are target dates, unless expressly agreed otherwise in writing. Engineering Business Services will only be in default after having been given a notice of default in writing and after being granted a reasonable recovery period. Engineering Business Services is entitled to have certain proceedings or services carried out by third parties.
    2. EBS shall use its reasonable endeavors to make available to you at all times the Services but we shall not, in any event, be liable for interruptions of Service or down-time of said services.
    3. EBS Will keep the right to suspend their services at any time and for any reason, and will reasonably try to notify one (1) week in advance for suspensions that would last more than a day.
    4. EBS also reserves the right to disallow services to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
    5. EBS makes no representation and give no warranty as to the accuracy or quality of information received by any person via our Services and we shall have no liability for any loss or damage to any data stored on the Server.
    6. The User shall effect and maintain adequate insurance coverage in respect of any loss or damage to data hosted by EBS.
    1. User represents and warrants that is at least 18 years of age and is legally authorized and competent to enter into and bind itself at the company the User represents to these General Terms and Conditions. Engineering Business Services may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
    2. User must in in every respect behave as a responsible and careful internet user. When using the Engineering Business Services services, User is required to take into account the applicable legal rules and the rules set by Engineering Business Services. User guarantees to act in accordance with the local codes of conduct and indemnifies and holds Engineering Business Services harmless for damages caused by acts in violation of these rules of conduct.
    3. The User shall be held liable for any and all costs incurred by Engineering Business Services Limited as a result of his violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from the improper use of EBS Services.
    4. User will not send messages which include content or expressions that harms or can harm the interests of Engineering Business Services or its advertisers.
    5. User will not in any way make use of the services of Engineering Business Services for utterances which are; unlawful, pornographic, abusive, racist, discriminatory, inflammatory, containing virus or other hostile computer programs, and/or illegal in any way, which shall be determined at the sole discretion of Engineering Business Services. User guarantees that the use of Engineering Business Services’ services by him, will in no way infringe upon the rights of third parties. Nor will you authorize or permit any other person to do so
    6. Customer may not submit any Customer Data that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information , or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act (GLBA) or the Health Insurance Portability and Accountability Act (HIPAA) applicable to services provided in the United States of America, or which could give rise to notification obligations under data breach notification laws, without Engineering Business Services’ prior written approval. For clarity, and without limitation, Engineering Business Services is not a “Covered Entity” and does not consider itself a “Business Associate” of Customer under HIPAA, in each case as those terms are defined under HIPAA (as amended).
    7. Engineering Business Services is authorized to suspend the performance of its obligations or terminate a contract if User does not (fully) fulfil his obligations. Furthermore, Engineering Business Services and the User are entitled to terminate (or have terminated) a contract for the supply of services if the other party is in suspension of payments, files for bankruptcy or is declared to be in a state of bankruptcy. If at the time of termination/cancellation, the User has already received any performance of the services, such services and related payments will not be subject to cancellation. Amounts in respect of already performed services – invoiced before the termination – will be immediately due and payable at the moment of termination. Without prejudice to its other rights, Engineering Business Services is among other reasons entitled to terminate the agreement with immediate effect when:
      1. User fails in the performance of his/her obligations, or is in violation of the terms of the Agreement;
      2. Engineering Business Services considers the User’s medium might be contrary to public order or morality, or could in any way be considered to be offensive or violent; and/or
      3. Engineering Business Services and/or it’s interest could in any way be harmed by the acts of the User.
    8. Engineering Business Services has the right to terminate the registration of a registered User if the User has not used the services of Engineering Business Services for a continuous period of twelve (12) months. When applicable, any remaining credits will be cancelled.
    9. Complaints with regard to performed services, should be reported by means of a written notice by the user to Engineering Business Services as soon as User should have become aware of the event causing the complaint. The notice must contain a description of the failure as detailed as possible, so Engineering Business Services is able to respond adequately. If a complaint is legitimate, Engineering Business Services will perform its service (again), unless such performance demonstrably does not longer serve the User’s interest. The latter should be expressed in writing by the User.
    10. User is not allowed to use Engineering Business Services’ services for actions and/or behaviors that are in breach of or contrary to applicable laws, etiquette, the guidelines of the TRR (trr.vu) or any equivalent guidelines. This includes, but is not limited to, the following actions and behaviors: 1. spamming: sending unsolicited bulk messages with the same content and/or posting a message with the same content in large numbers of newsgroups on the Internet; 2. violating copyright works or any other conduct which violates the intellectual property rights of third parties; 3. deception of others; 4. abusing the texts, logos, or the information from Engineering Business Services; 5. offering products or services that are not the User’s, without the consent of the rightful owner; 6. offering products or services which are not legal under Vanuatu law.
    11. If the User acts contrary to the provisions of this article, Engineering Business Services has the right to terminate the agreement with the User with immediate effect and to charge User with an immediately payable penalty of 50.000 VUV per event. This penalty does not affect the right of Engineering Business Services to claim higher damages relating this matter. Any damage to Engineering Business Services or third parties caused by acts contrary to the provisions of this article, can be recovered from the User.
    1. All prices referred to herein are, unless otherwise agreed, excluding VAT and other government levies, as well as any other costs incurred in the execution of an agreement, including shipment, administration and operation costs.
    2. Engineering Business Services cannot be held to its offers if the User could reasonably understand that the offer or tender or a part thereof contains obvious mistake(s) or error(s).
    3. Engineering Business Services reserves the right to change prices in its sole discretion. In the event prices are subject to change, such change shall at any time be mentioned on the website of Engineering Business Services.
    4. No rights can be derived from the credits. Any remaining credits at the end of the contract will be cancelled as a result of the termination, this without an obligation for Engineering Business Services to refund.
    5. Expect if User buys pre-paid credits, all payments to Engineering Business Services must be made within 14 days after the invoice date, in a manner specified by Engineering Business Services and in the same currency as the invoice.
    6. Objections to the amount of the invoices shall not suspend the payment obligation.
    7. User is not entitled to set off any (alleged) counterclaims on Engineering Business Services against invoices of Engineering Business Services.
    8. If User fails to pay within the aforementioned period of 14 days, then User is in default by operation of law and will be charged late fees.
    9. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.
    10. Payments can be made in USD, AUD or VUV.
    11. If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of 5.000 VUV.
    1. Engineering Business Services is never liable for any damages suffered by the User as a result of a failure in the performance of the agreement, unless in the event of gross negligence or willful misconduct of Engineering Business Services.
    2. If Engineering Business Services is liable for any damages whatsoever, such liability is limited to what is provided for in these Terms and Conditions.
    3. Besides the cases mentioned in this article, Engineering Business Services shall not be liable for damages, regardless of the grounds on which an action for damages will be based.
    4. The total liability of Engineering Business Services due to attributable failure in the performance of a contract is limited to direct damages up to the amount of the stipulated service fee or charge for a period of up to six (6) months, with a maximum of 100.000VUV.
    5. Engineering Business Services is never liable for indirect damage, also including consequential damage, lost profits, lost data, lost savings and damages due to business stagnation.
    6. Engineering Business Services is committed to safely transferring User’s data. Engineering Business Services, however, does not guarantee the complete security of such data. The use of Engineering Business Services’ services is, with regard to the security of data, at User’s own risk.
    7. User indemnifies Engineering Business Services for any and all claims by third parties concerning intellectual property rights on material or data provided by the User made available by the User, for the performance of the services. User also indemnifies Engineering Business Services for other possible claims by third parties who suffer damages in connection with the performance of the services and which are attributable to the User.
    8. Engineering Business Services shall not be liable for any failure, interruption or diminution of service in the event that such failure, interruption or diminution is caused by or due to causes beyond its control, including, but no limited to,
      1. acts of God;
      2. fire, earthquake, flood, water, the elements or other catastrophes, strikes, lock-outs, work stoppages or other labor difficulties;
      3. utility curtailments, power failures, explosions; insurrections, riots, wars or civil disturbances;
      4. any law, order, regulation, or requests of any government or of any civil or military authority;
      5. national emergencies;
      6. shortage or failure of equipment or supplies, including, cable, fiber, and other network equipment of third parties;
      7. acts or omissions of third parties;
      8. or any other cause beyond EBS’s reasonable control.
    1. Engineering Business Services will not use data from the User for purposes other than the provision of services.
    2. Engineering Business Services will not disclose any personal information of their Users, except if explicit consent is granted or in the exceptional circumstance that such information is required for legal purposes.
    3. Engineering Business Services will comply with the applicable Vanuatu regulations regarding privacy. In case there is a legal obligation Engineering Business Services will present data from the User to third parties.
    4. The information within Engineering Business Services’ storage is password protected so that only the User has access to the User’s personal and account information. The username and password supplied by Engineering Business Services to User are strictly personal and should be kept secret. User is responsible for the abuse of the username/password and shall immediately notify Engineering Business Services of any loss, theft and/or abuse.
    5. Engineering Business Services takes several measures to keep its and your data as secure as possible, but Engineering Business Services cannot guarantee the safety of the data. The measures Engineering Business Services takes in that context shall include (but not exclusively):
      1. Time restricted access to sensitive components;
      2. Employee access to data on a need-to-know basis;
      3. Four eyes principle for several data including financial data;
      4. Extensive logging and monitoring;
      5. Data retention policy;
    1. Support can be addressed in English or French through our Ticketing System.
    2. All Support requests are to be processed through our Ticketing System for any applicable SLA to start running.
    3. In the event of a server outage or other such emergency, you are free to contact us in any manner;
    1. If the agreement, for whatever reason, has been terminated, Engineering Business Services has the right to block the access to the User’s account.

Terms of PEJ Services

This Term of services are an extension of the Engineering Business Services, EBS, General Terms of Services, which are also to be read and accepted by the client upon subscription.

Engineering Business Services Limited reserves the right to modify this policy at any time, effective immediately upon posting of the modification. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

  1. Domain Name Registration
    • We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
    • The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
    • We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
    • We shall not release any domain to another provider unless full payment for that domain has been received by us.
    • If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
  2. General Hosting
    • You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory.
    • We reserve the right to remove any material which we deem inappropriate from your web site without notice.
    • You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
  3. Shared Hosting
    • If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
  4. Dedicated HOSTING
    • The User will not alter in any way the default user EBS creates on dedicated servers for their management needs. This includes, renaming, changing the password or any content in the home directory of EBS user.
    • The user shall not modify any Server configuration that could cause him, or EBS, to lose access to his server. If this should happen, depending on the situation EBS might bill the extra time spent to restart the server.
  5. Dedicated server management level
    • EBS Provides several level of administration to fit more advanced needs:
      • Do it yourself: By default, EBS manages the hosting platform hardware and checks that the User’s server is started. EBS also makes weekly backups of the system.
      • Standard Support: EBS will provide daily and weekly backups. A meeting with the client will be set to agree on the list of services to monitor in a list of standard checks, defining the scope of service.
      • Premium Support: This level of service guarantees a longer retention of backups, custom service monitoring and protection and covers all installation fees, a meeting will be held with the client to define the scope of service.
    • If the user requests action on their environment that falls outside of their service level, a quote will be issued by EBS according to complexity before any action is undertaken.
  6. Service level agreement
    • An emergency level CRITICAL is characterized by a total disruption of services defined in the scope.
    • An emergency level WARNING is characterized by a degraded service within the scope.
    • Response time depends on the level of service subscribed:
      • Do it yourself: EBS will answer to requests made via the client area within business hours to the best of possibilities.
      • Standard Support: EBS will answer tickets and alarms categorized as Critical within 4hours and Warning within 8h.
      • Premium Support: EBS will answer/call back phone calls within 1h and respond to tickets and alarms within 4h.

Terms of SMS Services

Those term of services come in addition to the EBS General Terms of Services, and apply specifically to the SMS.vu service.

    1. Engineering Business Services shall not be liable for any short-term or long-term interruption of the data transmission to the mobile phone of the User/receiver. Engineering Business Services expressly does not guarantee that an SMS message is always received properly and on time and does not guarantee the complete and permanent availability of all services.
    2. Message recipients are allowed to open a ticket to Engineering Business Services through their online portal to ask to be removed from the lists of a specific supplier.
    3. Engineering Business Services shall not disclose the history of the use of the service except after official request by the Police of Vanuatu or a decision of the court of justice.
    1. User is fully responsible for the content of SMS messages sent by User, customers of the User or a third party at the request of the User. User indemnifies and holds Engineering Business Services harmless for damages resulting from the content of sent SMS messages.
    2. Engineering Business Services is entitled to view – electronic or otherwise – any messages (sent or to be sent) from the User, in order to see whether the content meets or does not infringe the provisions of this article.
    1. User shall be due a fee (as determined by Engineering Business Services) per SMS message. Payment, if applicable plus VAT, will be made in the manner specified by Engineering Business Services.
    2. Engineering Business Services is entitled to change its fee for SMS messages. If User does not wish to accept the changes regarding the fee and/or costs, the User is entitled to terminate the agreement.
    3. Unless a separate agreement has been entered between User and Engineering Business Services, Engineering Business Services works based on prepaid (prepayment). User buys SMS credit (credits) and can use the purchased credit after payment.