CONTRACT-OFFER FOR PROVISION OF HOSTING SERVICES
INTROSERV d.o.o. hereinafter referred to as the "Contractor", expresses the intention to conclude a service agreement for the provision of hosting services with individuals based on the conditions of this offer.
TERMS AND DEFINITIONS
1.1. Offer - the present text constitutes a public offer published on the Site https://introserv.eu/docs/agreement/.
1.2. Offer Acceptance is a full and unconditional acceptance of the Offer by performing the actions specified in Section 6 of the Offer.
1.3. Customer is a person who has accepted the Offer and is a Consumer of hosting services under the concluded Agreement.
1.4. Agreement is the agreement between the Customer and the Contractor for the provision of services, which is concluded through the Offer Acceptance.
1.5. Hosting services are the services intended for the provision of computing power for placing information in an information system that is permanently connected to the Internet and the other additional services that are technologically related to hosting service.
1.6. Site is a set of programs for electronic computers and other information that can be found in the information and telecommunications network known as "Internet" that is intended for display in a browser, the access to which is carried out using the domain name "INTROSERV.eu", as well as its subdomains (domains of the third and other levels).
1.7. An Application is the result of the Customer's actions performed using the software of the Site or other software provided by the Contractor that reflect the range of services that are mandatory for the Contractor. An Application is also an annex and/or an additional agreement related to the contract that determines or changes a range of services provided under the established tariffs.
1.8. Server Provisioning is a hosting service that implies provisioning of the computing power on an entire physical computing device that has certain physically (structurally) limited characteristics and constraints.
1.9. Provisioning of a Virtual Server is a hosting service that implies the provisioning of a part of the computing power of a physical computing device, with certain restrictions set by software.
1.10. Registration data is a list of information about the Customer defined by the Contractor that is indicated during registration on the Site, as well as after registration or in the process of executing the contract.
1.11. Billing period is a calendar month of the provision of services.
1.12. Credentials are the data provided to the Customer by e-mail or through the other software of the Contractor with the purpose of gaining access to the services.
1.13. Client area of the site is a set of pages of the Site, which can be accessed using the Credentials and displayed through the browser.
1.14. Compromise of credentials is the fact when an unauthorized person is trying to access the Credentials, or there is suspicion of such an activity.
1.15. General configurations of computing power are technologically related services that are linked to hosting services and include the following: (1) the installation of an operating system, (2) setting its basic configurations and (or) (3) the adjustment of the parameters of the installed operating system, as well as the other related services that have been previously agreed by the Contractor in accordance with the established tariffs.
1.16. Tariff is a set of the Customer service conditions, which include a list of services provided to the Customer, their basic properties, restrictions, and costs.
1.17. Bonus units are the equivalent of services cost accrued at the discretion of the Contractor for the purpose of conducting promotional marketing activities.
1.18. DoS attack is the actions of third parties aimed at bringing the computing power or communication channel provided to the Customer to the point of failure of their normal performance.
1.19. DDoS attack is the DoS attack which is carried out from distributed computing devices.
2. SUBJECT OF THE OFFER
2.1. The Contractor commits to provide hosting services during the term defined in the Agreement in accordance with the established tariffs, provided such provision is technically possible and is based on Customer's Applications; the Customer, in turn, is liable to pay for these services.
2.2. The Contractor commits, for a certain fee, to perform actions on behalf of and at the expense of the Customer, and the Customer, in turn, commits to pay for these services providing the possibility of such actions is provided in the Contractor's tariffs. In particular, such actions may include registering domain names, issuing SSL certificates, purchasing third-party software products.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor is obliged:
3.1.1. Provide the Customer with Credentials in a timely manner.
3.1.2. Ensure 99% of uninterrupted work of the equipment and the software of the Contractor while delivering the services during the time period of one month in accordance with the means of time recording of the uninterrupted operations of the Contractor.
3.1.3. Inform the Customer about the planned activities that may entail a temporary suspension of services or may deteriorate the quality of services provision no later than 5 (five) hours before the launch of planned activities with the exception of urgent activities that may affect the safety and functionality of technical means designed to provide services.
3.1.4. Publish information about tariffs on the Site no later than on the day of them coming into effect.
3.2. The Customer is obliged:
3.2.1. Proceed with the Registration, indicate reliable registration data, and make changes to that data in a timely manner.
3.2.2. Ensure the confidential storage of credentials and to avoid their compromise.
3.2.3. Provide a photocopy of a passport or another identity document within 24 hours upon the receipt of the relevant request from the Contractor.
3.2.4. Immediately notify the Contractor in the case of data loss, or if there is a reasonable suspicion regarding the violation of confidentiality (compromise) of credentials.
3.2.5. Use the services in accordance with the terms of the Agreement and legislation, and also not do the following:
- publication or sharing of any information, the dissemination of which run counter to international law;
- publication or dissemination of illegally obtained information, fully or partially protected by copyright and / or related rights without the owner's permission;
- publication or sharing of any information that contains viruses or other harmful components;
- publication or sharing of materials of a pornographic nature in the event that the publication or transmission of such materials is prohibited by the legislation of the state where the computing power is located;
- mass mailing of advertising and other information via e-mail without prior agreement with the addressee (spam);
- falsification of the IP address, as well as other identification data used in network protocols when transferring the data on the internet;
- organization of a proxy server, virtual private network (VPN) server, as well as installation of software on the hosting account that is connected to proxy servers and VPN;
- formation of virtual currencies (mining of currencies for which there is no collateral and entities legally bound by them: bitcoin, etc.), except with the prior written consent from the side of INTROSERV;
- taking actions aimed at disrupting the normal functioning of elements of the Internet (computers, other equipment or software);
- taking actions aimed at obtaining unauthorized access to the Internet resource (computer, other equipment or information resource), the subsequent use of such access, as well as the destruction or modification of data on this resource.
- use of network (IP) addresses, if they were not allocated by the performer.
3.2.6. In the case of third party claims and / or demands and / or claims against the Contractor associated with the infringement by the Customer of any of the obligations envisaged by the Agreement, the Customer shall take all the necessary measures to resolve possible disputes, in doing so the Customer shall be obliged to fully reimburse the Contractor for expenses and losses associated with the compensation of the above requirements and / or complaints and / or claims of the third parties.
3.2.7. Delete illegal information within 12 hours, according to the received claims of third parties.
3.2.8. No to transfer responsibility to the Contractor for any kind of damage caused by third parties who have gained access to the identification parameters and / or to the resources of the Customer due to the Customer’s fault.
3.2.9. Assure the safe storage of all necessary backup independently.
3.3. The Customer has the right:
3.3.1. At any time, check the progress and quality of the services provided by the Contractor.
3.3.2. Terminate the Agreement unilaterally, reimbursing the Contractor the actual costs which were incurred to execute the Agreement at the time of its termination.
3.3.3. Require recalculation in the case of service provision interruptions or in the case of low quality of services provision in the manner prescribed by the Agreement.
3.4. The Contractor has the right:
3.4.1. At his own discretion, to involve third parties in the execution of the Agreement.
3.4.2. Change the costs and parameters of tariffs unilaterally no more often than once a day (based on exchange rate fluctuations).
3.4.3. Suspend, during the term of this Agreement, the provision of hosting services for a period that is not exceeding eight hours per month which is needed for the communication equipment scheduled maintenance and for scheduled maintenance of communications support services.
3.4.4. Suspend the provision of services in whole or in part, in the case the Customer violates the terms of the Agreement until the causes of violation are removed.
3.4.5. Suspend, block, or prohibit the use of the Customer's software in the event that the maintenance of such software leads or may lead to emergency situations, violation of the security system or the terms of services.
3.4.6. Suspend the provision of services in a whole or in part, if the load created by the provided computing power, as well as the load coming from the incoming or outgoing Internet traffic, creates unacceptable conditions for a proper work of the Contractor's technical means or threatens to affect the quality and safety of services delivery to the other clients of the Contractor.
3.4.7. After one calendar day starting from the moment of service suspension the Contractor is liable to irrevocably delete all data that has been provided by the Customer.
3.4.8. Suspend or restrict service provision if the volume of transmitted traffic exceeds the volume established by the Tariff.
3.4.9. Refuse to accept the Application in the case of a lack of technical capability from the side of the Contractor by informing the Customer about this fact.
3.5. The Contractor is not responsible for:
3.5.1. High-quality and uninterrupted functioning, the availability of certain segments of the Internet, supported by third parties;
3.5.2. The availability of the information provided by the Customer for all segments of the Internet, due to some functional features of these segments supported by the third parties;
3.5.3. The information posted by the Customer, the capacity of the software installed without the participation of the Contractor.
3.5.4. The capacity and compatibility of software developed by the Customer or third parties;
3.5.5. The capacity of the software provided by the Contractor, in the case when because of client’s fault changes had been made in the software;
3.5.6. Third parties' access to confidential information of the Customer, including his credentials, as well as for the consequences of such access that is caused by the fault and negligence of the Customer;
3.5.7. Damage of any kind incurred by the Customer due to the disclosure of his credentials by the latter;
3.5.8. Damage caused to the Customer in the process of performance of the Agreement, or non-performance (untimely performance) of the terms of the Agreement by the Customer.
3.5.9. The integrity and timeliness of backing up the Customer's data, as well as for the quality, timeliness, and completeness of the measures taken by the Contractor in the event of DoS attacks.
3.5.10. For timely backup.
3.5.11. For the reliability of the registration data provided by the Customer, as well as the consequences related to further use of that data.
3.5.12. For the work capacity of third-party software tools intended for the exchange of data in a machine-readable format.
4. FEATURES OF THE PROVISION OF TECHNOLOGICALLY RELATED SERVICES
4.1. Technical support in the provision of hosting services is free of charge in terms of providing General configuration of computing power.
4.2. The Contractor provides technical support for services on a paid basis according to the established tariffs or at the cost agreed by the Parties in a separate agreement.
4.3. Before the start of the provision of technical support (administration) services upon the Customer's Application, the Customer is obliged to make a backup copy of the data, the Contractor in this case is not responsible for data loss.
4.4. The provision of disk space for storing backup copies is provided according to the established tariffs, the Customer independently determines the list, ensures the collection and transfer of files for backup storage.
4.5. The Contractor provides DDoS protection based on standard solutions of the persons on whose territory the computing power is located. The Contractor does not guarantee the completeness of DDoS protection provided according to the tariffs. The Contractor independently determines the degree of DDoS traffic filtering, depending on technical capabilities. In the event of detection of DoS attacks, the Customer is obliged to independently take measures to eliminate them on time, to reduce possible damage caused by these attacks.
4.6. With regard to the execution of the Agreement, the Contractor grants the right for free use of the Website’s software with the purpose to familiarize with the information regarding services provided, the process of Applications submission for the provision, change and termination of services, information about correspondence with the Contractor, information about personal data management.
5. SIMPLE ELECTRONIC SIGNATURE
5.1. A simple electronic signature for document flow between the Parties is applied and is legally valid in the case of submitting of Applications, corresponding on the provision of services, providing technical support, sending notifications to the parties according to the Agreement.
5.2. Documents that can be signed with a simple electronic signature, according to the terms of this Agreement, are equivalent to paper documents signed by a handwritten signature.
5.3. A simple electronic signature is the Login which is used to enter the Client area of the site. The login is determined during registration as part of the registration data transferred to the Customer.
5.4. Actions performed on the Site using the Login assigned to the Customer are defined as actions performed by the Customer.
5.5. The password for access to the Client area of the site is a simple electronic signature key. The password is created by the Customer during registration, or it can be created in compliance with the principles of confidentiality by the Contractor and transferred to the Customer.
5.6. The procedure for issuing a simple electronic signature to the employees of the Contractor, or third parties involved is independently determined by the Contractor.
5.7. The fact of forming a simple electronic signature is confirmed by entering a password to access the required functionality of the Site.
5.8. The Parties commit themselves to independently ensure the confidentiality of their simple electronic signature key, to ensure its safety and its reliable storage and further use, to ensure the security of the software through which access to the Client area of the site is carried out.
5.9. The parties are held liable for the consequences of non-compliance with confidentiality when using the key of a simple electronic signature.
5.10. The time during which confidentiality is not observed when using the key of a simple electronic signature of one of the Parties cannot be the reason for failure to fulfill the obligations under the Agreement.
5.11. In case of a total loss of all credentials or their partial loss, the Customer is obliged to reset the password (simple electronic signature key) using the "password recovery" function available on the Site or to contact the Contractor for the password recovery if such a function was not available on the Site.
6. OFFER ACCEPTANCE AND AGREEMENT CONCLUSION
6.1. The person intending to accept the Offer is obliged to form and submit an initial Application for the provision of services through the Web interface of the Site.
6.2. To form the initial Application for the provision of services, a person intending to make an Offer Acceptance, is obliged to provide reliable information about himself by filling in a data registration form suggested by the Contractor in the process of completing the initial Application.
6.3. After sending the initial Application with registration data, the Contractor shall register both the Customer and the submitted Application.
6.4. The moment of the Offer Acceptance is the moment of registration of the Customer and the Customer's Application submitted according to the means of accounting (logging) of the Contractor.
6.5. Information confirming the Offer Acceptance is sent to the Customer’s e-mail indicated at the time of the Initial Application submission; after the Acceptance of the Offer, the Customer is automatically redirected to the Client area of the Site.
6.6. Failure to receive the confirmation of the Offer Acceptance or entering incorrect data at the moment of filing the initial Application is not a ground for recognizing the Agreement as not concluded.
7. VALIDITY PERIOD AND CHANGE OF TERMS OF THE OFFER
7.1. The Offer comes into force from the moment it is published on the Contractor's Website and is valid until the Offer is withdrawn by the Contractor.
7.2. The Contractor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at his discretion.
7.3. The action confirming the withdrawal of the Offer is its removal from the Site.
8. PAYMENT PROCEDURE
8.1. Upon the execution of the Agreement, an advance payment system was established under published tariffs without invoicing.
8.2. The Contractor's tariffs are published on the Site at the following addresses (main pages for tariff publication):
8.2.1. Tariffs for the provision of Servers: https://introserv.eu/products/servers/.
8.2.2. Changes in tariffs during special enabling activities (promotions), as well as conditions for holding promotions https://introserv.eu/blog/promo/.
8.3. Separate tariff conditions may be published on other pages of the Site if they have already been mentioned on the main page of tariff publication.
8.4. The updated description of the tariff, the conditions for its application are indicated on a separate page of the Site under the published Internet link on the main page of tariff publication.
8.5. The cost of tariffs is indicated in the following currencies: US dollar, Euro, Russian ruble.
8.6. The Customer independently determines the payment currency based on the legal criteria that are in force in the Customer's jurisdiction.
8.7. Payment for services can be made using the software of the Site or without it.
8.8. In case of making payment without using the software of the Site, the Customer is obliged to provide a receipt of payment with the marks of the banking (payment) organization. If such a receipt is not provided, the timely receipt of funds is not guaranteed.
8.9. In the event of recalculations for the services provided, the funds are spent on the provision of the Contractor's services in other periods.
8.10. Refunds are made within seven days based on a relevant request from the Customer.
8.11. Refunds are made in the manner in which the Customer made the last payment, minus the commission charged for banking fees or other payment organizations. If it is not possible to return funds in the same way they had been sent for reasons beyond the control of the Contractor, the return of funds is made to the bank account of a natural person.
8.12. In the event that the payment for which a refund is requested was made in a way providing no information about the payer to the Contractor, like cryptocurrencies, checks, payment by transfer, and etc., for the purpose of getting a refund the Customer has to provide documents confirming the payment.
8.13. In case of cancellation of the ordered and paid service, the amount for the current Billing Period is non-refundable.
8.14. In the event that the Customer made a payment simultaneously for more than one Billing Period, if the ordered and paid service is canceled, the amount for the current Billing Period is not refundable.
8.15. Unspent funds credited to the personal account are subject to refund in the case of Agreement termination.
8.16. When calculating the amount to be refunded for ordered and paid services, the credit for the services provided is based on the monthly fee set for the corresponding tariff, less bank transfer commission fees, and less other extra fees made to the other payment organizations.
8.17. Accrued bonus units are not converted into cash and cannot be withdrawn.
9. RESPONSIBILITIES OF THE PARTIES
9.1. The parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the conditions of the latter, and in the part not regulated by the Agreement it is regulated by the current legislation.
9.2. The customer knows the most important functional properties of the services provided. The Customer bears the risk that the software used under the Agreement will meet his needs. The Contractor is not responsible for any losses incurred as a result of improper performance or impossibility of performance of the Agreement if such losses did not arise through the fault of the Contractor.
9.3. Due to the use of computer and other equipment, communication channels and/or programs for Electronic Computing Machines (ECM) owned by third parties in performing the contract both parties agree that the Contractor is not responsible for any delays, interruptions, direct and indirect damage or loss caused by defects in any electronic or mechanical equipment and/or computer programs, or due to other objective technological reasons, or as a result of actions or omissions from the side of the third parties, or due to the problems with data transmission or connection, or due to power outages, that has occurred not due to the fault of the Contractor.
9.4. In case of violation of the condition of the guaranteed server operation without downtime, the Contractor is responsible for recalculating the services provided based on the Customer's request and if server downtime is the result of the faulty behavior of the Contractor.
9.5. Recalculation for services related to the equipment operability can be carried out only for the period of time that has exceeded the guaranteed time of the equipment performance.
9.6. The responsibility of the Contractor for non-fulfillment of obligations under this Agreement may not exceed the cost of the fulfillment of the Agreement for the period of one calendar month.
10.1. The Customer agrees to receive circular emails from the Administration to the e-mail address or by phone entered during registration that contains important information about current or planned events that are related to the performance of the Agreement.
10.2. At the Customer’s request, which is expressed by providing relevant information in the Client area of the Site, circular emails can be duplicated on the accounts of instant messengers or social networks, if the Contractor has organized such interaction with the relevant Internet service.
10.3. The Administration has the right to use circular emails to provide the User with the information on the features of the Site, as well as the services provided, promotions and special offers, company news in case the Customer has not refused to receive them by indicating his decision in an appropriate form in the Client area of the Site.
11. DURATION OF THE AGREEMENT. AMENDMENT AND TERMINATION PROCEDURE
11.1. This Agreement shall enter into force on the date of its concluding and shall be of unlimited duration and shall remain in force indefinitely.
11.2. Upon termination of this Agreement for any reason, its provisions will apply to the relations of the Parties until the end of mutual settlements.
11.3. The Agreement may be terminated by agreement of the parties.
11.4. The Agreement may be terminated at the initiative of the Contractor extrajudicially in case of systematic non-payment for services within two months from the date of their suspension.
12. DISPUTE RESOLUTION PROCEDURE
12.1. In the event of the breach of this Agreement by the Contractor, the Customer shall be obliged to send a claim no later than 7 (seven) days from the date of detection of such violations. The Contractor has the right not to take into account the claims sent by the Customer later than above-mentioned period. The Contractor is obliged to respond to the Customer’s claim no later than 10 (ten) business days from the date of its receipt.
12.2. Disputes on overdue payments that remain unpaid within 30 calendar days of invoice date may be referred to the Arbitration Court with complete disregard for the pre-trial settlement of disputes.
12.3. If the Parties do not reach an agreement in the complaint procedure, in the cases covered by the Agreement, the dispute is submitted for the court consideration according to civil procedural law.
13. FINAL CONDITIONS
13.1. When executing the Agreement the Site Administration automatically processes the data that has been provided through the international Data Exchange Protocol in order give online access to the Site via the Internet, as well as for User session identification including but not limited to IP address, MAC address, device ID, IMEI, MEID, data from cookies, information about the browser, operating system, access time.
13.2. Any notifications required or permitted under this Agreement shall be sent by the Parties by e-mail from the addresses and to the addresses mentioned in Customer Data Register, or those mentioned by the Contractor on the Site. The notification is considered to be delivered from the moment it has been received by the notified Party.
13.3. Both Parties are committed to independently and promptly check the correspondence sent using the above-mentioned methods.
13.4. The terms of this Offer shall not apply to the relations with legal entities or individual entrepreneurs.
13.5. Without contradicting with the mentioned above, the Contractor shall not be held liable for the violation of the terms of the Agreement, if such violation is caused by unforeseeable circumstances beyond the control of the person (Force Majeure) that include actions of state authorities, approval of legal acts, fire, natural disasters, strikes, civil disturbances, riots, any other circumstances, not limited to the list mentioned above that may affect the execution of the Agreement.
13.6. In the part not regulated by the Offer, the provisions of the User Agreement apply to the relationship between the Contractor and the Customer, and the relationship between the Site Administration and the User, respectively.
14. CONTRACTOR DETAILS
Address: Tehnološki park 24, Ljubljana, 1000, Slovenija
Tax number (VAT) SI 58195076
Registration number 6406700000
+386 1 8888 276