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Terms of Trade

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Terms of Trade of Service Agreement of Information Company- webhosting services (hereinafter "Agreement")
(hereinafter "TOT")
Preamble
EXO TECHNOLOGIES ltd, corporation with its principal place of business at Košická 6, 821 09 Bratislava, ID 36 485 161, entry in commercial district court in Bratislava I, section SRO, Insert No. 120490/B, is company with main concern of providing services consist mainly in electronic processing, transferring, storing and search out data, including text, audio and video through electronic facility on request of the Recipient of the service.
This TOT, released in accordance with § 273 article 1 Commercial Code, as amended, apply exclusively to relations based on the Service Agreements of Information Company – webhosting services as they are defined in this Agreement, where Parties of the Agreement are Provider and Recipient and also apply to relations based on similar relations.
Subject of this Agreement is to define the rights and duties of Parties of the Agreement arising from providing the Service (“Subject of the Agreement”) by the Provider to the Recipient.
I.
Definition and Terminology
Provider or Service provider
EXO TECHNOLOGIES ltd, corporation with its principal place of business at Košická 6, 821 09 Bratislava, ID 36 485 161, entry in commercial district court in Bratislava I, section SRO, Insert No. 120490/B, ID for VAT 2020004503, email address support@exohosting.sk, telephone number: +421 221 028 430; supervisor that monitors company activities is Slovenská obchodná inšpekcia (SOI), Inspectorate of SOI, Prievozská 32, 820 07 Bratislava 27;
Buyer
Personal or legal entity that has interest in utilizing of the Provider services and joins in liability-law relationship with the Provider, while order is not completed;
Completed order
Order completed by the Buyer (all mandatory fields required by the Provider marked with “*” are filled) located on the Provider’s webpage and by sending the order Buyer is confirming that:
  • He was knowledgeable about TOT, as amended, he is familiar with its content, he has agreed with its content, he assumes observance of TOT and proceed in accordance with TOT,
  • Before his actions that leaded to concluding this Agreement he was comprehensibly and expressly informed about all action that he had to take for concluding the Agreement and about all actions that can be used to discover and correct mistakes that he made with his previous actions, before sending the order and also about technical tools for discovering and correcting mistakes
  • He was informed that this Agreement will be stored by the Provider and will be available for him on the Provider’s server and exact location will be communicated by Order acceptance validation that will be sent to his email address stated in his order
  • He was knowledgeable about relevant rules for domain that he ordered, set by administrators of particular domains
  • He was informed that language used for concluding the Agreement is Slovak language
By sending the Completed order, buyer becomes Recipient/Service recipient for purposes of this Agreement;
Recipient or Service recipient
  1. A. personal or legal entity that is using the Service for other purposes than business or other purpose than its profession or employment, personal or legal entity that sent the Completed order through online interface (further referred to as "Consumer")
  2. B. personal or legal entity that is using the Service for purposes of business and/or for his profession or employment, personal or legal entity that that sent the Completed order through online interface (further referred to as "Businessman");
Service or Services
Activities of Provider in terms of the Agreement including the Rental of computer time of Provider’s server that is connected to Internet in favor of the Recipient (specified in this TOT also as “webhosting services”), including operation of space for website, operation of email addresses, operating of database systems, in accordance with the Completed order and also in accordance with terms stated in this TOT, registration and operation of domain, rental service of dedicated servers, rental services of virtual servers, eventually other services specified further in this TOT or on the Provider’s website;
Supplementary service or Supplementary services
Product that extends options of the Service by increasing amount of some tools within the Service (for instance amount of mailboxes, amount of databases, size of space for data);
Server or Servers
Computer permanently connected to the Internet, able to work in real time for more than one customer at once;
Client computer
Computer that is connected to the Internet and uses Server data processing services, equipped with its own program tools for access and interpretation of processed data from Server;
Rental of computer time
Providing a part of the computing capacity of the Server for processing data and displaying the results of processing on the Client computer, in particular moment it is providing just partial capacity of the Server for the Recipient, depending on usage of the corresponding Server by other Recipients;
Operation of space for website
Processing of the Recipient’s data by software resources of the Provider in favor of the Recipient, within the Rental of computer time
Operation of email address
Data processing – handover of text, image messages and data files within the Rental of computer time by Provider’s program tools in favor of Recipient;
Domain name
Name of the webpage that is registered by corresponding administrator of top-level domain;
Dedicated server
Rental service of physical server that is reserved for demands of the Recipient with specified parameters and service coverage provided by infrastructure of the Provider;
Parameters
Quantitative and service criteria of service providing (for instance disc space, CPU performance, RAM size) defined by individual agreement between the Provider and the Recipient;
Virtual server
Logical delimited (virtual) server operated by physical server that operates more than one Virtual server for more than one Recipient;
Backward compatibility
Ability of newer version of software or hardware to work the same way as older version;
File server
Web storage assigned to data saving with option for Recipients access through the web for the need of using data stored this way. For access to web servers, the FTP (File transfer protocol) is most commonly used.
File hosting
File server, used for data storage for individual purposes, with sharing references possibility for releasing of data for public;
Image hosting
Uploading photos to server technically prepared for that. One of the most known services of this kind is Flickr;
Download and upload of the website
Upload/download of the webpage means upload/erasing of the webpage from/to file server. FTP client (uses FTP protocol) is most commonly used for this purpose;
Hosting account
Account used for accessing options menu for administration and execution of technical changes for email, databases, web space etc.;
Alias
Email alias intended for easier remembering of email address. For example we create email aliases for email address info@hosting.sk in form admin@hosting.sk, obchod@hosting.sk and likewise. However email alias only forwards message to the original mailbox, it just a “fictional mailbox”, does not have any storage;
Infrastructure of the Provider
Technical capability and services providing by the Provider for server operation (for instance connectivity, backup systems, DNS administration, IP delegation, service systems and others);
Classic registration of the .SK domain
Concluding of the Agreement about domain between the Recipient and SK-NIC, while Recipient has the exclusive right to operate the domain on Servers or anywhere else during the whole registration period;
Accelerated registration of the .SK domain
Concluding of the Agreement about domain between the Provider and SK-NIC, while Recipient has the exclusive right to operate the domain on Servers or anywhere else during the whole registration period;
Fee
Prize belonging to the Provider for provided Services, calculated in the Complete order, eventually listed in the Pricelist of the Provider as amended, to which will be added the current statutory VAT;
Order acceptance validation
Validation confirming the fact that Provider received the Complete order, that the Provider will send to mailbox specified in the Complete order by the Recipient;
Pricelist
Actual list of fees for Services published by Provider on his website;
Law on electronic commerce
Law No. 22/2004 coll. Electronic commerce, law no. 128/2002 coll. State control of the internal market in consumer protection matters as amended, law no.284/2002 coll. and law no. 160/2005 coll. as amended.
II.
Order and concluding of the Agreement
  1. The Buyer fill in an order located on the Provider’s webpage where he selects Services he is interested in, payment method for Fees, maturity for Fees and other required specifications.
  2. The Buyer is obliged to fill in order only with truthful and current data, for which is he responsible in full and without restrictions.
  3. From the moment when Recipient sends the Complete order, he will be bound for one month by expression of his own will. Provider is obliged to provide the Order acceptance validation without unnecessary delay, at least in appointed time according to the preceding paragraph. If ordering the Dedicated server, Recipient is obliged to print the order according to instructions on the webpage and to send signed order by mail to address according to instruction by the Provider. The Agreement is considered as concluded only after this written expression of the will of the Buyer is delivered to the Provider.
  4. The Provider reserves the right not to conclude the Agreement with the Buyer, especially when the details provided by Buyer in the order are obviously false, when the Buyer does not provide operational email address or eventually without giving any reason. In this case the Provider will provide the Order acceptance validation but the Provider will also inform the Buyer that he does not accept the draft for concluding the Agreement, at least in 3 working days since sending the Order acceptance validation. The Provider is not obliged to justify this decision.
  5. The Agreement is concluded by sending the Complete order to the Provider, by sending the Order acceptance validation and by not using the option by the Provider according to the preceding paragraph.
  6. After concluding of the Agreement, payment of the Fee, after completion any other obligations by the Recipient (for instance after payment of the fee, or any other financial commitment towards third party for service related with providing the Services or delivering documents needed for initiation of providing the Services) and after successful registration of the Domain name, operational ordered Service is established for the Recipient and he gets access to his own administrative interface where he can administrate his services and its range and also any personal and contact details.
  7. The Agreement is concluded for a defined period, defined by the Recipient in the order and for which he paid for. Parties of the Agreement have agreed that in case the Provider sends a call for payment of the Fee to the Recipient and the Recipient pays off this Fee in the time defined by the Provider, the validity and effectiveness of this contract extends to the next period (option). Parties of the Agreement have agreed that the Recipient is authorized to utilize this option repeatedly. Otherwise the Services will be ceased and the Agreement is terminated after the end of the period for which it was concluded.
III.
Domain registration and its operation
  1. The Provider will provide second-level domains registration for the Recipient, based on relevant rules of second-level domain registration that are located on the Provider’s website (or references to them). The Recipient is obliged to become familiar with these rules and in the case that these rules are not in Slovak language, the Recipient is obliged to translate these rules at its own expenses with no responsibility for content of this translation. The Provider is not responsible for following relevant rules by administrators of these domains from the Recipient’s party. The Provider is not responsible for future changes in these rules or other actions of domain administrator.
  2. Domain name is chosen essentially by the Recipient according to conditions and rules defined by domain administrator. Priority in allocating the Domain name is determined according to requests for the establishment. The Recipient acknowledges that the Domain name, its registration and usage could eventually violate the rights of third parties towards to other Domain names, trademarks, names and surnames, corporations or could eventually break laws regarding to unfair competition, protection of the individual etc. By sending the order according to the paragraph II., which includes registration request for Domain name the Recipient confirms that, aware of potential violations of these rights and laws, he has made all effort that can be fairly claim of him to ensure that the registered Domain name will not violate these rights and laws. The Recipient is not allowed to use the Domain name or enable its usage for purposes that are contrary to laws of the Slovak Republic and European Union regulation, rights or authorized concerns of third parties.
  3. Documents containing rules of domain registrations are published on the Provider’s website in section domains, if the Recipient is not able to localize these documents before sending an order, the Recipient is obliged to request these documents from the Provider by sending email to support@exohosting.sk or by sending mail to the address of the company.
  4. The Recipient acknowledges that by paying the registration fee for registering the chosen domain is not entitled to the successful registration of the domain. Registration / transfer of second-level domains begin usually within 24 hours, but no later than 2 working days from receipt of payment for the domain and ordered services and after fulfilling all the conditions for registration (for the particular domain there could be required different conditions, for instance sending an extract from the Commercial Register, evidence of the activity of legal entity etc.). Fees for domain registration are published in the Pricelist. The Recipient is informed about the result of registration process after its completion by the Provider. The Recipient acknowledges that registration possibility of the domain the Recipient ordered depends on early payment, delivering eventual required documents and providing additional details, if these details are required by the particular domain administrator. The Recipient also acknowledges that the Provider shall have no liability for the case when the Domain name ordered by the Recipient is already registered to another user because of faster fulfillment of the necessary conditions on registration. In case of failure of the registration the domain, the Recipient has the right to ask for another domain or refund the Fee in full lowered by real costs of the Provider for registration the domain. If the Recipient choses option of refund the Fee in full lowered by real costs of the Provider for registration the domain, from that moment the Provider withdraws from this Agreement.
  5. The Fees for a successful domain registration are not refundable. Even after the early termination of hosting by the Recipient domain remains registered on the subscription period. The Recipient agrees that in case of early termination of hosting by the Recipient, the Fee lowered by real costs of domain registration and even if the Recipient received the domain during special action for free or for lowered price.
  6. The Provider reserves the right to refuse to register a domain by accelerated registration without giving reasons, especially but not exclusively if the title of domain is identical or similar to registered trademark published in the Bulletin of the Industrial Property Office of the Slovak Republic, if it contains bulk of the name of the entrepreneur, with which the Recipient has no personal or property connection, further if the Domain name is contrary to laws of the Slovak Republic and/or European Union regulation, with good manners or if the Domain name is abusive, insulting etc.
  7. If a dispute arises over the domain name from the use of the phrase that is protected by registered trademark or the registered trademark in registration procedure or for breach of the law by using domain name or the name of a third party which is the trade name and/or trademark, or any other reason, where against the Provider as owner of the domain will apply to any such third party claims because the domain was registered in the name of the Provider (by Accelerated registration form), the Provider is entitled to give up the domain. The Provider has a right to the Recipient to pay all cost and damages that incurred by the Provider in connection with the enforcement of any third party for the domain registered this way and the Recipient in this context bears full responsibility.
IV.
Operations of Servers
  1. This paragraph no. 1. of Article No. IV is related only to providing webhosting services. Clauses in this paragraph do not apply to other services like especially but not exclusively domain registration, rental services of virtual or dedicated servers. Generality of paragraphs 2 to 7 of this article is not affected by this fact. The Provider will ensure the continuous operation of domain to the Recipient according to the Complete order, always with the greatest efforts to ensure maximum accessibility and usability, i.e. the Provider will ensure an access to Recipient’s webpages for the Recipient and an option to update content of the webpages. The Provider will also ensure the Recipient has access to his mailboxes or redirecting messages to mailbox chosen by the Recipient. The Recipient is fully responsible for all orders, changes and modifications that were confirmed from his administrative interface or with use or misuse of credentials assigned to him or chosen by him. The Recipient is obliged to protect assigned or selected credentials against misusing and unauthorized access of third parties, including parties that are in employment relation or similar relation with the Recipient. The Provider is no way responsible for misusing credential of the Recipient or personal details of the Recipient or third parties, on which the Recipient received and accepted the service order or made any desired change or modification of any existing records or Services, in case this misusing was not caused by the Provider.
  2. The Provider is responsible for damage caused to the Recipient by not providing the Service in extent that was agreed in the Agreement or not providing the Service in quality or according to the Agreement and TOT only in height of price of the Service listed in the Pricelist or in the Agreement for the period when the Service was not provided in extent agreed in the Agreement or the Service was not provided in quality and according to the Agreement and TOT, if the damage caused this way was or could be caused by the Provider.
  3. The Provider and the Recipient are entitled to withdraw from the Agreement at any time without giving any reasons. In that case, the Recipient agrees that in the event of early termination of the Service by his will, the Recipient will be refunded an aliquot part of the amount lowered by the amount that was already paid by the Recipient for provided services and also lowered by real costs of domain registration, this is valid even if the Recipient obtained the domain in special action for free or for lowered price.
  4. In the event of outage or failure of servers, the Provider is obliged to eliminate the malfunction as soon as possible. In the case when the Services is not provided during the whole day (24 hours) on the level at least 99,9% by the fault of the Provider, the Recipient is not entitled to refund for damages related to any outage or discontinuation in providing the Services, the Recipient is entitled only to compensation for each such day one day services for free. The Provider is not responsible for outages cause by third parties (for instance by company providing internet access for the Provider’s servers, power blackout, internet connection failures on the part of the Recipient, outages caused by unavailability of connection between the Recipient and Provider’s servers), for outages caused by force majeure (earthquake, fire, natural disaster etc.). Short unavailability caused by restarting of services and unavailability caused by inevitable maintenance is not considered as outage. Failures caused by the Recipient himself, especially but not exclusively inappropriate setup of webhosting services and mailboxes, incorrectly programmed website or unauthorized intervention into the service settings is not considered as outage.
  5. The Provider has no liability for the content of the Recipient’s webpage and mailbox. The Recipient is fully responsible for the content of the webpage and the domain, regardless the domain is registered on the Provider or on the Recipient. The Provider has no liability for eventual economical, direct, indirect or consequential damages and/or loss of profit of the Recipient regarding the usage of the Services under the Agreement, TOT and the Pricelist. The Provider has no liability for violation of the law during the usage of provided webpages. If any damage or costs arise from putting the webpage to the state that is not in contrary to law, the Recipient is fully responsible for this damage. The recipient is responsible for damage caused by unauthorized intervention into the settings of the provided service, eventually for damage caused by using and placing content on the server in contrary to article V., paragraph no. 3. of this TOT.
  6. This paragraph no. 6 of the article IV. is related only to providing webhosting services. Webpages with following nature are not hosted by the Provider: warez webpages, webpages intended for downloading illegal software, music, movies, erotic and porn webpages, chat webpages, webpages that are in contrary with laws of the Slovak Republic and/or European Union regulation or with good manners. The Provider has right to an immediate disruption of the Services in the event of using provided services by the Recipient as mentioned above, eventually by spamming in violation of copyright, patent, rights of the trademark, industrial property rights or other similar rights, which threatens the privacy and security of computer systems of other users of the Internet (for instance by viruses, password generators etc.), which contains any information that threatening or detrimental to the reputation of the Provider or his employees, which directly or indirectly deteriorate rights of third parties, using for redundant quantity of music and video files (.mp3, .avi and others). The Provider could reactivate providing of the Services immediately after removal of above mentioned materials from the Server and after notification from the Recipient about removal of these materials. If the Provider does not, he must return an aliquot amount for provided services. In the case that the Recipient will place such materials on the Server repeatedly or refuses to remove them immediately after appeal by the Provider, the Provider has right to withdraw from this Agreement. In this case the Provider has the right to delete from the Server all data related to the Recipient’s domain. The Recipient is fully responsible for any damage caused to the Provider from the reasons described in this paragraph. In the case that the Recipient overloads the Provider’s servers and thus limits providing the Services to other Recipients or other users of the Internet, the Provider has the right to cease the Services for the Recipient and/or withdraw from the Agreement. This applies, especially but not exclusively, to the overloading the server processor – if the Recipient is using more than 10% of the server processing power and/or is overloading database servers and/or is overloading email servers and/or the transmission capacity of the Provider (transfers more than 100 GB of data per month) in the more than five consecutive minutes.
  7. The Recipient acknowledges that in the event that the Provider needs to update his software or hardware equipment, safety is always preferred to backwards compatibility.
V.
“Unlimited hosting” service
  1. Standard webpage – personal webpage and/or website for small and medium-sized companies that uses the resources of the Provider’s server (capacity, space, amount of emails, amount of databases) in the similar extent as at least other 90% Recipients of webhosting services to the date when the Recipient placed Complete order, standard webpage (further referred to as “Standard webpage”) is not defined as a large corporate webpage, as a webpage containing larger quantity of audio/video files, file server, file hosting, image hosting, download and upload of the webpage, as a webpage with visit rate that exceeds the visit rate of the 85% webpages of the other Recipients to the date when the Recipient placed Complete order, as a webpage that should operate at virtual or dedicated server according to the technical expertise by the Provider. Further information about the use of server resources of the Provider (capacity, space, amount of emails, amount of databases) in the similar extent as at least other 85% Recipients of webhosting services to the date when the Recipient placed Complete order will be provided by the Provider no late than 48 hours after the request by the Buyer or the Recipient via email.
  2. Within the Unlimited hosting service the Recipients operates the Standard webpage according to paragraph no. 1. of this article, while the Provider provides this Service with parameters defined in the paragraph no. 3 of this article.
  3. Parameters marked as “Unlimited” and their using in the Unlimited hosting service are defined as follows:s
    1. A. Unlimited disk space – is Rental of computer time of the Provider’s Server connected to the Internet in the favor of the Recipient with capacity used by the Standard webpage (further referred to as “space”). In the event that the Recipient is using the space in the way that restricts provision of the Service to other Recipients, size of the space could be reduced. The Recipient undertakes that he will be using the Unlimited hosting service in such a way that data not related to webpage are not stored in the space he is using and/or data for personal or legal entities other than the Recipient are not stored nor archived in the space used by the Recipient. The Recipient undertakes that the Unlimited hosting service will not be used as a download server for larger amounts of software, videos, images, music and other data.
    2. B. Unlimited amount of mailboxes – amount of mailboxes used by the Standard webpage. The Recipient undertakes that the Unlimited hosting service will not be used for administration of larger amount of mailboxes for personal or legal entities not related to the Recipient, especially but not exclusively for administration of mailboxes for other persons and/or mailboxes for portal users and/or for public mail server and/or for renting mailboxes to other personal or legal entities.
    3. C. Unlimited amount of databases – amount of databases used by the Standard webpage. The recipient undertakes that the Unlimited hosting service will not be used the way that the Recipient uses databases from other webhosting accounts rather that from the account that databases was made for. The Recipient undertakes that the Unlimited hosting service will not be used the way that the Recipient uses databases from other webhosting accounts which are hosted by other provider or through the software that is not stored on the Provider’s server.
    4. D. Unlimited amount of aliases – the Recipient has the right to direct do the web space unlimited amount of domains/aliases by the DNS parking service and/or DNS parking plus service unless domains directed to web space are not provided for the operation of space for webpages of third parties.
  4. In the event of violating duties of the Recipient according to paragraph no. 3 of this article, the Provider has the right to terminate providing of the Unlimited hosting service within 7 calendar days, but the Provider is also obliged to offer other services from his portfolio according to the current Pricelist before terminating the service. Offer delivering is regulated by article XII., paragraph no. 7 of this TOT.
  5. The Provider has the right to increase the parameters according to the paragraph no. 3 of this article (parameters of the Standard webpage) compared to the values defined in the paragraph no. 1 of this article on the request by the Recipient without payment within current technical resources (especially but not exclusively within software and hardware resources), but only the way that all services provided for other Recipients are provided according to this TOT. Increasing of the parameters depends on technical expertise by the Provider and the Recipient has no legal claim on increasing according to this article.
VI.
Common provisions for operation of dedicated and virtual servers
  1. The Recipient is fully responsible for all orders, changes and modifications that were confirmed from his administrative interface or with use or misuse of credentials assigned to him or chosen by him. The Recipient is obliged to protect assigned or selected credentials against misusing and unauthorized access of third parties, including parties that are in employment relation or similar relation with the Recipient. The Provider is no way responsible for misusing credential of the Recipient or personal details of the Recipient or third parties, on which the Recipient received and accepted the service order or made any desired change or modification of any existing records or Services, in case this misusing was not caused by the Provider.
  2. The Recipient can not use the Services the way that leads to violation of rights of the Provider or third parties or the way that causes disadvantage of other Recipients while using shared resources. The Recipient can not use the Service to gain unfair advantage upon other Recipients or the way that could lead to failure or damage of the Server. As a serious misconduct of the Recipient is considered, especially but not exclusively, attempt to security breach or to disrupt continuity of the Service operation.
  3. The Recipient undertakes that he will not operate webpages and/or services or store data of the following content on rented virtual or dedicated server: warez webpages, webpages intended for downloading illegal software, music, movies, erotic and porn webpages, chat webpages, webpages that are in contrary with laws of the Slovak Republic and/or European Union regulation or with good manners. The Provider has right to an immediate disruption of the Services in the event of using provided services by the Recipient as mentioned above, eventually by spamming in violation of copyright, patent, rights of the trademark, industrial property rights or other similar rights, which threatens the privacy and security of computer systems of other users of the Internet (for instance by viruses, password generators etc.), which contains any information that threatening or detrimental to the reputation of the Provider or his employees, which directly or indirectly deteriorate rights of third parties.
  4. The Provider undertakes that he will ensure the continuous operation of the ordered dedicated or virtual server services always with the greatest possible efforts to ensure their maximum accessibility and usability. In the case that the Recipient does not have ordered and paid data backup service, the Provider is not responsible for loss of data caused by software, hardware or other unpredictable error.
  5. The Provider has the right to limit or terminate providing of the service if by this step stave off creation or prevent persistence of state that causes damage to the Provider or third sites (especially but not exclusively by restricting other Recipients from using shared parameters and services and/or by security risks like phising). The Provider does not violate his obligations according to the paragraph no. 4, article V. until the Recipient makes reparation.
  6. In the event of inevitable technical interventions like, especially but not exclusively, software update on servers, updating, change or maintenance of the infrastructure of the Provider used by dedicated and virtual servers, the Provider is entitled to limit the Service to the necessary extent defined by experts employed by the Provider. Customer agrees that in the event of inevitable update of some parts of the system (operating system, parts of the operating system, server software), safety is always preferred to backwards compatibility.
VII.
Provisions related only to the virtual servers service
  1. By the virtual server service the Provider provides possibility for the Recipient to use part of computing resources of the physical server, with defined parameters and service extent provided by the Provider’s infrastructure. Parameters are defined partly as reserved for the Recipient (processor performance, size of memory, disk size) and partly as shared (amount of disk operations, network traffic etc.) that the Recipient uses simultaneously with other users. The rate of potential uses of shared parameters for the Recipient is limited by the rate of usage of shared parameters by other users. The exact specification of resources reserved for particular offered servers is published on the Provider’s webpage, in the section Virtual servers.
  2. Virtual server services provided by the Provider’s infrastructure are always shared, unless parties of the Agreement agreed in writing to other solution and exactly defined reserved services from the infrastructure (like reserved connectivity, individual backup solution etc.)
  3. The Recipient acknowledges and agrees that the Provider has no liability for technical or other problems caused by operating of applications placed by the Recipient on his virtual server space. The Provider does not guarantee functionality of these applications. The Recipient acknowledges and agrees that if the Provider discovers operation of application that endangers fluent running of the Provider’s server, the Provider is entitled to immediately terminate operation of the particular application or problematic virtual server, until the time when the Recipient removes the cause of the problem. In the event of termination of providing virtual server service, the Recipient is not entitled to any compensation of not executed operation. The Provider is entitled to reclaim all the costs spent for removal of this state or caused damage.
  4. The Provider delivers ordered service to the Recipient in full working order, including all ordered applications. Administration of the applications is enabled for customer through on-line interface assigned by the Provider. The Recipient acknowledges and agrees that the Provider guarantees functionality of the Provider’s server and its connection to the Internet. The Recipient is solely responsible for the proper administration of chosen application in the virtual server space. In the event of any troubles the Recipient has the right to service interaction for restart server by the Provider. The Provider has no liability for loss incurred to the Recipient as a result of his inexpert interference into the operated applications or the whole Provider’s virtual server. Any malfunctions of server hardware and /or on the network connecting will be repaired by the Provider without unnecessary delay to ensure continuous operation of the virtual sever service for the Recipient in the highest possible extent.
VIII.
Provision related only to the dedicated server service
  1. By the dedicated server service the Provider provides possibility for the Recipient to use computing resources of the physical server, with defined parameters and service extent provided by the Provider’s infrastructure. Parameters are defined partly as reserved.
  2. The Recipient acknowledges and agrees that the Provider has no liability for technical or other problems caused by operating of applications placed by the Recipient on his dedicated server space. The Provider does not guarantee functionality of these applications. The Recipient acknowledges and agrees that if the Provider discovers operation of application that endangers fluent running of the Provider’s infrastructure, the Provider is entitled to immediately terminate operation of the particular application or problematic dedicated server, until the time when the Recipient removes the cause of the problem. In the event of termination of providing dedicated server service, the Recipient is not entitled to any compensation of not executed operation. The Provider is entitled to reclaim all the costs spent for removal of this state or caused damage.
  3. The Provider delivers ordered service to the Recipient in full working order, including all ordered applications. The Recipient acknowledges and agrees that the Provider guarantees functionality of the Provider’s server hardware but not server software. The Recipient is solely responsible for the proper administration of chosen application and operating system on the dedicated server. In the event of any troubles the Recipient has the right to service interaction for restart server by the Provider. The Provider has no liability for loss incurred to the Recipient as a result of his inexpert interference into the operated applications or the whole Provider’s dedicated server. Any malfunctions of server hardware and /or on the network connecting will be repaired by the Provider without unnecessary delay to ensure continuous operation of the virtual sever service for the Recipient in the highest possible extent.
IX.
Change of the Provider’s offering and change of the agreed conditions during validity of the Agreement
  1. The Provider is entitled to change actual offering of the provided Services, including the Fees or parameters of the provided Services (including existing Services) with effect from further payment and/or after the payment of the Fee after change of conditions of the providing Service, while the Recipient that has paid the Fee, receives Services with the conditions maintained in the original extent until the maturity of the next Fee. By making payment of the Fee with changed extent for the provided Services, the Recipient agrees with providing the Services according to the current (means changed) offering for this Service.
  2. The Provider is entitled to remove part or the entire Service from his offering. The Recipient that is using the Service removed from the Provider’s offering, has the right to receive this Service with its origin conditions, until the maturity of the next Fee but has no right to changes, modifications or enlargement of this Service. The Provider is entitled to appeal to the Recipient to change the received Service according to current Provider’s offering by a certain date, after which the provision of such Service will be terminated. The Provider will notify about the steps and actions described in the first sentence of this article in adequate advance on the Provider’s webpage.
  3. For a period of validity and effectiveness of the Agreement, the Recipient is entitled to change the Services in the extent enabled by the Provider after mutual agreement and review of the paid Fee for existing Services and new requested Services. Preferably, the Recipient undertakes to request changes to the Services to the due date of the next following Fee with sufficient timing advance so that the Provider can technically make a change of the provided Services.
X.
Payment methods
  1. The Recipient undertakes to pay the Fee to the Provider in the range defined in the Complete order or else in the range defined in the Pricelist that is published on the Provider’s webpage. If there is no maturity of the Fee defined in the order or the Pricelist, maturity of the Fee is then generally once a year in advance.
  2. The Order acceptance validation will also contain pro forma invoice denominated in the Fee with maturity of 14 days. Within 14 days after the payment of pro forma invoice by the Recipient, the Provider will issue and send voucher to the Recipient. Payment of the Fee means the Fee is credited to the Provider’s account published on the Provider’s webpage, in full and with the correct variable symbol. The Recipient is obliged to pay the Fee by credit transfer in favor of one of the accounts of the Provider published on the Provider‘s webpage giving the correct variable symbol stated in the pro forma invoice. Payment by postal order is not possible and eventual payment by postal order, promissory note or check is not considered as payment of the Fee.
  3. The Provider will send a call for payment together with a pro forma invoice with maturity in 14 days to the Recipient by email 14 days before end of the prepaid period or sooner if required by the Service. The provisions of paragraph no. 2 of this article shall apply as appropriate in this case. In the event that subject of the call for payment is a renewal fee for the domain and the Fee is not paid within 14 days from sending the call for payment, the Provider is not responsible for successful renewal of the domain. The Recipient is not entitled to any compensation associated with obtaining such domain ownership back to the Recipient if it was already occupied by other users. The Provider reserves the right to modify the Fee starting with maturity of the following Fee. The Provider will inform the Recipient about this modification in sufficient advance. The provisions of article V. of this TOT shall apply accordingly. If the Fee is not paid within 20 days after maturity of the Fee, the Provider is entitled to delete the entire Recipient’s data from the Provider’s equipment.
  4. The Provider is obliged to return the Fee to the Recipient, resp. its proportion only if it can not provide the Service in length, quality and parameters defined in this TOT and the Recipient do not choose other Service provided by the Provider as an offset for the returned proportion of the Fee.
  5. In the event of delay in payment of the Fee of more than 7 days from the maturity date of the Fee and/or other financial obligation, the Provider is entitled to terminate provision of the Services until full payment of the Fee and/or other financial obligation and to charge a fee for reactivation of the Services. In this case the Provider is also entitled to disable other Services provided to the Recipient that are covered by other agreement to provide information services.
  6. In the event of overdue Fee for the Supplementary service for more than 7 days from the maturity date of the Fee, the Provider is entitled to terminate all the Services related to the domain for which is the Supplementary service assigned. In the case that the Recipient is not interesting in further providing of the Supplementary service, the Recipient is obliged to notify the Provider about this fact no later than 5 days prior the maturity date.
XI.
Processing and protecting of personal data
  1. By sending the Complete order, the Recipient who is a personal entity expressly agrees that by conclusion of the Agreement the Provider acquire personal data about the Recipient, his title, name, surname, permanent address, temporary address, telephone number. The Recipient acknowledges that purpose of processing his personal data by the Provider is to ensure proper administration of activities agreed in the Agreement. The Recipient acknowledges that the Provider also processes personal data of the Recipient for the purpose of fulfillment of obligations pursuant to special regulations (for instance Law no. 301/2005 coll. Criminal Code as amended, Law no. 171/1993 coll. of the Police Force as amended, law no. 367/2000 coll. Protection against legalization of earnings from criminal activity as amended).
  2. The Recipient who is a personal entity agrees that the Provider provides personal data of the Recipient to administrator and/or registrar of related domains that cooperate with the Provider to register particular Domain name in extent defined in the previous paragraph. The Recipient acknowledges that the purpose of processing his personal data is conclusion and administration of agreement about domain. The Recipient agrees that his personal data for particular administrator and registrar of domains are processed by the Provider and also within the Provider’s information system.
  3. The Recipient agrees that the Provider administrate personal data of the Recipient in his information system also after expiration of the Agreement for the event of new Agreement, so the Recipient could be identified by the Provider as a regular customer and so the Provider could offer favorable articles of providing the Service.
  4. The Recipient acknowledges that to withdraw permission given to the Provider and particular administrator and registrar of domains for the processing of personal data within the extent and terms agreed in this article, is possible only after ending of liability-law relationship and at the same time after fulfillment of all obligations of the Recipient towards the Provider under this Agreement.
  5. The Recipient agrees that the Provider will send trade news about news in the Provider’s offering to the mailbox listed in the Complete order and at the same time the Recipient agrees that the Provider is allowed to use information about the Recipient (except personal details covered by specific legislation) for marketing purposes.
XII.
Common and final provisions
  1. Legal relations of this Agreement are governed by the provisions of the Law 513/1991 Coll. Commercial Code as amended (hereinafter the Commercial Code). The parties of the Agreement agreed that this agreement is concluded as atypical agreement under § 269 article 2 Commercial Code, and in the event that provisions of the Agreement are in collision with disposal provisions of the Commercial Code, priority has the Agreement and this TOT according to the § 263 Commercial Code. Law of Slovak Republic is valid for legal relations arising from the Agreement and the TOT, even if the Recipient is foreigner or if the Services are provided to another state.
  2. The Provider is entitled to unilaterally change these TOT. Change of the TOT is considered as change of terms and conditions of the agreement. The Provider announces change of the TOT on his webpage, while parties of the Agreement agreed that announcement about change of the TOT is considered as delivered fifteenth day following the changed TOT was published on the Provider’s website.
  3. Inseparable parts of the Agreement are: the Complete order, this TOT and the Pricelist.
  4. The Provider is entitled to provide discounts on services or domains at its discretion, eventually provide services for free as marketing action. There is no legal claim to discount or domain and/or service and it can not be enforced by courts. Special actions can not be combined with other special actions and additional discounts. All discounts are applied from the current Pricelist.
  5. Parties of the Agreement agreed according to §351 article 1 Commercial Code as amended that after withdrawing from the Agreement causing its extinction, validity and effectivity of provision related to Fees and sanctions retains. Parties of the Agreement agreed according to §351 article 2 Commercial Code as amended that they are not obliged to return feasance provided before extinction of the Agreement.
  6. Parties of the Agreement agreed that the Recipient is not entitled to hand on any rights and duties arising for him from the Agreement and from the TOT to third party without previous approval from the Provider. Change in the name and surname of personal entities or business name/titles of legal entities is also considered as a hand on of rights and duties. Format of the provided approval is defined by the Provider. In the event of assent by the Provider, the Provider is entitled to charge out this approval and the Recipient is obliged to pay the fee for administration of change to the particular domain administrator, if domain administrator requires this fee published in the current pricelist.
  7. Parties of the Agreement agreed that mutual communication is only in the form of electronic communication, preferably by e-mail messages. For this purpose the Recipient is fully responsible for functionality of the mailbox listed in the Complete order. Information proved by the Provider as sent, is considered as delivered fifth day after sending this information.
  8. Parties of the Agreement according to §263 Commercial Code agreed on exclusion of enforcement of §385 Commercial Code.
  9. rovision valid for entrepreneurs: Parties of the Agreement according to §5 article 7 Law on electronic commerce agreed on exclusion of enforcement of §5 articles 3 to 6 Law on electronic commerce.
  10. Parties of the Agreement according to §263 Commercial Code agreed that regardless § 330 Commercial Code the Provider is entitled to specify which obligation or part of the obligation is not fulfilled by the Recipient in the case that provided feasance is not enough for fulfillment of all payable obligations. If the Provider does not decide differently, any feasance the Provider received under this Agreement will be used to satisfy its claims in following order: 1. any costs associated with collecting claims, 2. interest on late payment, 3. penalties and compensation for damage, 4. principal of claim.
  11. By sending the Complete order the Recipient according to §401 Commercial Code as amended declares extension of expiration of rights of the Provider arising from the Agreement for the period of 10 years since the day it was concluded.
  12. The Recipient, his legal successor, heir or legal representative is obliged to announce to the Provider all changes of any important personal details, especially change of address of corporate domicile, place of business or permanent address statutory representative, bank account, from which payments are made, statement about its extinction, fusion with other company, winding up, bankruptcy, opening of insolvency or compensation proceedings, end of business and so without unnecessary delay. In the event of dissolution of the company (of the Recipient), winding up, bankruptcy, proposition to open insolvency proceedings, declared bankruptcy on the Recipient’s Assets, end of business of the Recipient or when the Recipient is personal entity in the event of death, loss of eligibility and so, the Agreement is prematurely terminated with immediate effect and financial compensation will be held with the rightful heir who set up a claim to it.
  13. Parties of the Agreement proclaim that content of the Agreement and this TOT are clear to them and undertake to fulfill it. TOT lose their validity and effect from the date of entry into validity and effect of new TOT. All Agreements and other contracts whose subject is provision of Services by the Provider, was concluded before the effective date of these TOT and was administrated by previous TOT, are from the date of the validity and effectiveness of these TOT administrated by these TOT and are considered as Agreement according to these TOT.
  14. TOT in Slovak language are binding and are preferred over TOT in any other language.
  15. By sending Complete order, the Recipient confirms that he is familiar with these TOT.
  16. Definition of content of capitalized words and phrases in the Agreement and these TOT is defined in article 1 of these TOT.
  17. These TOT fully replace TOT valid and effective now. These TOT was published on the webpage www.exohosting.sk become valid and effective 18.11.2011.