Terms of Hosting Services

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Terms of Hosting Services

Provisions contained in the Regulations for Provision of Hosting Services constitute Regulations for Provision of Services by Electronic Means within the meaning of Article 8 (1) (1) of the Act of 18 July 2002 on Provision of Services by Electronic Means (Journal of Laws 2002, No. 144, item 1204, as amended) performed by Busandra sp. z o.o. with its registered seat in Lublin, 4/12 Marii Curie-Skłodowskiej Street, 20-029 Lublin. Contact phone number +48 889 194 982.

§ 1. Definitions

Regulations — these "Hosting Services Terms of Service" is an Agreement stipulating the rights and obligations of the Client and the Operator.

SLA document — document "Service Level Agreement (SLA)", which specifies, among other things, the Operator's obligations with respect to quality standards for Hosting Services provided by the Operator.

Contract — an agreement for the provision of Hosting Services, the integral components of which are: Terms of Service, Resource Use Policy Document, SLA Document and Technical Specification of Services.

Terms of service– document “Terms of service”, determines the manner of use of the services provided by the Operator.

Resource Use Policy – document “Resource Use Policy”, determines the use of server resources by the Customer.

Hosting services — package of services specified in the Operator's offer.

Technical specification of services — specification of the services together with their parameters, which are part of the package of Hosting Services provided by the Operator to a specific Client on the basis of the Agreement.

Operator — the Internet Service Provider, whose details have been indicated in the Agreement or on the websites containing the offer of the Hosting Services, being the publisher of the Regulations.

Customer — a legal person, a natural person, or an organizational unit without legal personality, who has placed an Order or entered into an Agreement.

User — natural person, legal entity or organizational unit without legal personality, which uses Hosting Services of the Operator pursuant to authorization granted by the Reseller Customer.

Reseller – natural or legal person who offers hosting services on behalf of its Customers under its own brand using a PinedCloud reseller hosting account. A reseller account is a type of hosting where the account holder may create and sell sub-accounts for its customers (Users within the meaning of this Agreement) Consumer - a natural person who concludes an Agreement with the Operator for purposes not directly related to its business or professional activity.

Subscription fee — a monthly, quarterly, semi-annual, annual or biannual fee charged in advance and in accordance with the current prices of the services for the Client's use of the Hosting Services provided by the Operator.

Subscription period — the period of time (month, quarter, half a year, year or two years) in which the Operator settles the remuneration for the Hosting Services provided to the Client.

Order — placing by the Customer an order for the Hosting Services provided by the Operator regardless of the form in which it is made. An order is also an order of Hosting Services for the Trial Period.

Pro forma invoice — document issued by the Operator prior to the payment of the Subscription Fee by the Client and constituting the basis for its payment.

Trial period — the period of time indicated by the Operator during which certain Hosting Services are provided to the Customer free of charge in order to allow the Customer to conduct quality tests of the Hosting Services.

Launch of hosting services — provision by the Operator of Hosting Services on the Internet which are the subject of the Order.

Availability of Hosting Services — visibility of the Hosting Services on the first router outside the Operator's network.

Billing data — Customer's data enabling the Operator to correctly issue an invoice or pro forma invoice.

Contact details — Customer's data allowing for establishing contact and conducting mail correspondence with the Customer, his representative or proxy.

Spam — unsolicited commercial information sent by means of electronic communication within the meaning of Article 10, section 1 of the Act of 18 July 2002 on electronic provision of services (Journal of Laws of 2002, No. 144, item 1204, as amended).

Netiquette — a set of rules and good practices accepted for use by persons using the Internet: https://pl.wikipedia.org/wiki/Netykieta

Customer Zone or Customer Panel — made available by the Operator at https://client.pinedcloud.com administrative tools by means of which the Customer may manage a specific range of hosting services.

§ 2. General provisions

  1. The Operator provides the Hosting Services to the Client pursuant to the terms and conditions set forth in the Terms of Service, which include the Terms of Service, the Resource Usage Policy, the SLA Document and the Service Specification.
  2. The provisions of these Terms and Conditions define the rights and obligations of the parties to the Agreement.
  3. The Regulations apply to the Customer regardless of the form in which the Agreement was concluded.

§ 3. Order

  1. The Operator provides the Hosting Services specified in the Operator's offer at https://pinedcloud.com/.
  2. The Operator shall commence the provision of hosting services upon receipt of an Order which includes at least: a clear indication of the ordered package of Hosting Services, Billing Data and Contact Information. If the Order is placed by a Customer who is a Consumer, the Order also includes a statement by the Customer who is a Consumer that he/she agrees to commence provision of hosting services before the expiry of the 14-day period for withdrawal from the Agreement.
  3. The Operator reserves the right to start hosting services or to enter the Client's domains into DNS servers only after the payment of the Subscription Fee by the Client.
  4. In order to place an order, the Customer must submit a statement that he or she has read and accepts the content of the Terms and Conditions, Terms of Service, Resource Use Policy and SLA Document.
  5. An Order may be submitted in any form indicated by the Operator in the information materials or in the offer of the Operator. In particular, an Order may be submitted in writing and via: fax, e-mail or a form posted on the website through which the Operator offers hosting services.
  6. Activation of the service may be preceded by verification of the Customer's data indicated in the Order, including a request to submit originals or certified true copies of documents confirming the accuracy of the data indicated in the Order.
  7. The Operator may refuse to carry out the Order in case of special circumstances, including:
    a. Use the Hosting Services to publish content that violates the rights of third parties or the law,
    b. Use the Hosting Services to publish content that may harm the reputation of the Operator or the quality of services provided by the Operator to other Clients,
    c. Use the services inconsistently with their intended use, including, above all, in a manner that violates the provisions of the Regulations and its components.

§ 4. Conclusion of the Agreement

  1. The Operator provides hosting services on the basis of the Agreement concluded with the Client.
  2. The Agreement may be concluded in writing or in another form. In particular, the Agreement may be concluded by the Start of hosting services, which occurred after the receipt of the Order by the Operator.
  3. The Agreement is concluded at the moment of signing it or at the moment of starting the hosting services - depending on what happens first.
  4. The Agreement is concluded for an unspecified period of time and is settled in subscription periods, unless the content of the Agreement indicates otherwise.
  5. Conclusion of the Agreement is confirmed by the issuance of an invoice or a pro forma invoice by the Operator, which includes the Subscription Fee for the first Subscription Period.

§ 5. Rights and obligations of the parties to the Agreement

  1. Under the Agreement, the Operator undertakes to provide the Client with the possibility of using the Hosting Services purchased by the Client, and the Client undertakes to timely pay the Subscription Fees. In addition, the Operator and the Customer undertake to perform all other obligations set forth in the Agreement, Terms of Service and the Terms of Service Document, the Resource Policy Document and the SLA Document.
  2. By concluding the Agreement, the Customer undertakes to:
    a. provide current and accurate Contact Information and Billing Information and keep such information current,
    b. use Hosting Services in accordance with the rules set forth in the Terms of Service, Terms of Use Document, Resource Policy Document, SLA Document and generally applicable laws, social norms and customs and Netiquette rules,
    c. use the Hosting Services in a manner that does not violate the rights of third parties (in particular their personal rights and copyrights),
    d. Not attempt to obtain the access data of other Clients or Users,
    e. cooperate in combating illegal activities of the Users to whom the Customer provides hosting services, and in particular to disclose, at the request of competent public authorities, data allowing identification of a specific User,
    f. notify the Operator of any changes which affect or may affect the performance of the Agreement,
    g. not to take actions to the detriment of other Clients and Users,
    h. refrain from using the Hosting Services to publish, share or disseminate content that is inconsistent with applicable law or social norms, and in particular:
    — pages, graphics, text, audio and video recordings, and material containing pornographic content,
    — erotic and "warez" websites (i.e. containing illegal software)
    — promoting piracy of phonograms or software,
    — disseminating techniques for cracking access codes,
    — disseminating knowledge for the creation of computer viruses,
    — containing obscene or vulgar content,
    — inciting to hatred, in particular due to race, gender, nationality, sexual orientation,
    — offending religious feelings or questioning irreligiousness,
    — propagating ideologies of Nazism, communism or apartheid and questioning historical truth,
    — harming the personal interests of any third party,
    — infringing third parties' intellectual property rights, including trademark rights or other distinctive signs, as well as copyright and related rights,
    — Promoting, encouraging or instructing in criminal activities, including cracking or phrecracking,
    — crafted in a manner that may constitute a threat to the proper functioning of hardware and telecommunication and information system through which the Hosting Service is provided.
    — links to files and pages containing the aforementioned content,
    i. refrain from posting services, the elements of which are used by other services, which are not maintained by the Operator,
    j. refrain from placing on the server files, scripts or programs that may disrupt the operation of links, server or websites of other Clients, Users or third parties,
    k. not use the Hosting Services to send Spam, and in particular is prohibited to:
    — Use of address databases purchased over the Internet to send e-mail
    — Use of address databases otherwise obtained without obtaining prior consent from anyone whose address appears in the address database
    — sending correspondence to more than 100 e-mail addresses at a time; the exception in this case are mailing lists (discussion lists) to which you can subscribe and unsubscribe by providing your address on the website. Software for creating lists is made available by the Operator on selected services.
    — sending mass mailings to other electronic media without the recipient's documented consent to receive such mailings
    l. not to send (by themselves or through third parties) Spam advertising websites operating on the Operator's servers or in any way referring to the resources stored on the Operator's servers - including not sending the Spam referred to above using the infrastructure of third parties.
    m. notify the Operator at least 24 hours in advance of the Client's or User's intention to install components whose operation may cause transfer exceeding 100 GB per day,
    n. to familiarize itself on an ongoing basis with any changes introduced by the Operator to the Terms and Conditions and the Terms of Service, Resource Use Policy SLA.
    o. timely payment of Subscription Fees.
  3. The Client shall be fully responsible for the manner of use of the Hosting Services provided by the Operator. In particular, the Customer shall be liable for the manner of use of the Hosting Services by Users.
  4. If the Operator becomes aware of the fact that the Client or the User uses the hosting services in a manner inconsistent with generally applicable laws and regulations, the Operator shall have the right to provide the Client's contact details to the relevant public authorities.
  5. In case of receiving an official notice of the unlawful nature of the data stored on the server by the Client or the User or the related activities, the Operator has the right to prevent access to such data and to block the provision of hosting services. In connection with the above action, the Operator shall not be liable to the Client or the User for the damage resulting from the prevention of access to such data.
  6. If the Operator obtains reliable information on the illegal nature of the data stored on the server by the Client or the User, or activities related to them, the Operator shall have the right to prevent access to such data, as well as to block the provision of hosting services. In connection with the above action, the Operator shall not be liable to the Client or the User for the damage resulting from the prevention of access to such data.
  7. The Client agrees to modify the global parameters of the individual hosting account by the Operator, if these actions are aimed at improving the quality and security of services.

§ 6. Subscription fees

  1. The remuneration charged by the Operator for providing hosting Services to the Customer is the Subscription Fee. The amount of the Subscription Fee is determined in accordance with the current prices in the Customer Panel applicable at the Operator on the date of submitting the Order.
  2. The subscription fee is exclusively a remuneration for the possibility of using Hosting Services as set forth in the Service Specification. In particular, the subscription fee does not include: costs associated with obtaining access to the Internet, telecommunication fees, purchase of equipment or software to use Hosting Services, purchase of a domain name, design, maintenance and administration of websites or configuration of a computer system at the Client's or User's site..
  3. The subscription fee is charged for the entire Subscription Term in advance.
  4. The Client may change the duration of the Subscription Term provided that the Client gives the Operator a request to do so before the end of the current Subscription Term. The change of the Subscription Term starts at the beginning of the new Subscription Term.
  5. The Customer pays the Subscription Fee based on the received invoice or pro-forma invoice. The invoice or pro-forma invoice is delivered via e-mail.
  6. The operator issues and sends an invoice to the customer in electronic form, to which the customer agrees. Operator sends an invoice to the email address specified by the Customer when ordering. Customer has the opportunity and obligation to update the Customer's Panel e-mail address referred to in the previous sentence. E-mail address referred to in the previous sentence is available in the Customer Panel.
  7. Subscription fee is payable by bank transfer or through electronic payment systems, which the Operator uses within the time indicated on the invoice or pro-forma invoice. The customer is required to indicate the title of the payment on the transfer order, in a clear manner. Payment shall be made at the moment of crediting the bank account of the Operator. In case of delay in payment, the Operator is entitled to charge statutory interest, and furthermore will notify the Client and set an additional period of time to pay the Subscription Fee. In case of failure to make payment within the specified additional period, the Operator reserves the right to block access to hosting services until the Client pays the Subscription Fee. In case of delay in the payment of the fee exceeding 21 days from the expiry of the additional period set by the Operator, the Operator has the right to terminate the contract without setting another additional period for payment. In case of termination, the Operator shall have the right to remove the Client's hosting services configuration, accounts created by the Client or the Users, and any data stored within these accounts.
    Termination of the Agreement under the preceding sentence shall not affect the Customer's obligation to pay the Subscription Fee for the entire Subscription Period started.
  8. On - line transfer payments are made via Paysera, PayPal, Stripe or other systems. The customer decides on the choice of payment operator.
  9. Rules for making payments through Paysera, PayPal, Stripe or other:
    a. payments via Paysera, PayPal, Stripe or other systems may be made by persons authorized to use the payment instrument on the basis of which the payment is executed, in particular a given payment card may be used only by its authorized holder,
    b. The Operator shall make available on its website https://pinedcloud.comthe appropriate transaction form. The data from the form is automatically transferred to Paysera, PayPal, Stripe or other
    c. Once the Customer approves the transaction and selects a form of payment using Paysera, PayPal, Stripe or others, the Customer is redirected to the Paysera, PayPal, Stripe or others website
    d. In order to confirm the payment, the Customer shall confirm the payment on the website of Paysera, PayPal, Stripe or others in accordance with the rules set by Paysera, PayPal, Stripe or others.
    e. Transaction security is ensured and guaranteed by Paysera, PayPal, Stripe or other system operators.
  10. Subject to section 12, the Subscription Fee paid by a Client who is not a Consumer is indivisible, which means that the Subscription Fee cannot be paid for a period shorter than the length of the selected Subscription Period.
  11. Subject to paragraph 12, the Subscription Fee shall not be refundable in the event of termination of the Agreement by the Client or submission by the Client of a notice of resignation from the Hosting Services.
  12. The Subscription Fee paid is refundable only in the following cases:
    a. Termination of the Agreement by the Operator, except for termination due to improper use of services by the Client or User
    b. Customer is a Consumer

In the above-mentioned situations, the Subscription Fee is refundable in its relative part - taking into account the time of the provision of the Hosting Services by the Operator to the Client.

§ 7. Extension of the Subscription Term

  1. During the last month of the paid Subscription Term or after the start of a new Subscription Term (at the Operator's discretion), the Operator issues a pro forma Invoice or an invoice covering the Subscription Fee for the next Subscription Term. The amount of the Subscription Fee is determined according to the current prices in the Client Panel applicable at the Operator on the date of issuance of the pro forma Invoice or invoice, and in case of a Client who is the Consumer, applicable on the date of conclusion of the contract, subject to § 17, subparagraphs 6 - 9.
  2. Subscription fee is paid in accordance with the rules specified in § 6.
  3. Failure by the Client to pay the Fee for the next Subscription Period by the date indicated on the pro forma Invoice or on the invoice, entitles the Operator to suspend the provision of Hosting Services until the Client pays the Subscription Fee.
  4. Failure to pay the Fee for the next Subscription Period by the date indicated in the pro forma Invoice or invoice by the Client being a Consumer entitles the Operator to charge statutory interest and to request the Client to pay the amount due within 7 days from the delivery of the request.
  5. Subject to Subparagraph 7 of this Paragraph, failure by the Client to pay the Subscription Fee on account of the next Subscription Period within 21 days from the date indicated on the pro forma Invoice or on the invoice, shall entitle the Operator to remove the Client's hosting services configuration, accounts created by the Client or the Users and any data stored within these accounts. The Agreement shall expire upon the Operator's removal of the configuration, accounts and data referred to in the preceding sentence. In case of an Agreement concluded with a Client who is a Consumer, the above-mentioned consequences arise upon the expiry of an additional period determined by the Operator in the request for payment of the Subscription Fee.
  6. If the Operator issues a pro forma invoice, the Operator shall issue an invoice immediately after the payment of the Subscription Fee by the Client.
  7. Payment of the Subscription Fee makes the Client independent of any change in the prices of services. Any change in the prices of services after the payment of the Subscription Fee by the Client shall not affect the amount of the Subscription Fee due to the Operator until the end of the paid Subscription Period.

§ 8. Right to restrict and discontinue the Hosting Services

  1. The Operator reserves the right to block indefinitely the use of all or some of the Hosting Services by the Customer and the right to block the use of certain databases, scripts, e-mail and http services without prior notice in the following cases:
    a. causing overload of the server or other elements of the infrastructure made available by the Operator,
    b. a probability of a significant deterioration in the quality of services provided to other Customers of the Operator,
    c. the probability of a Failure being caused by the Customer.
    d. Failure to comply with the Terms of Service and the Terms and Conditions, Resource Use Policy
    In the above cases, the Consumer is entitled to a partial refund of the Subscription Fee in relation to the period during which the services were not provided.
  2. The Operator reserves the right to indefinitely block the Customer's ability to use all or some of the Hosting Services without prior notice, if there is a probability that the purchased Hosting Services are or will be used for:
    a. publish or make available content prohibited by generally applicable laws,
    b. publish or make available content that violates the rights of third parties, including but not limited to copyrights,
    c. sending Spam,
    d. maintain the content or services referred to in § 5, section 2, letters h) through j) of the Regulations.
  3. If the Customer is a Consumer, the Operator shall notify him about the intention and the reason for taking the actions referred to in subparagraphs 1 and 2, subject to § 5.4 - 6.
  4. In the case referred to in subparagraphs 1 and 2, the Client is entitled to appeal against the decision of the Operator by filing an objection to the Operator. The obligation to provide evidence confirming the absence of reasons justifying the blocking of the service or services rests with the Client.
  5. If the actions referred to in subparagraph 1 or 2 cause damage to the Operator, the Operator shall file a compensation claim against the Client.
    — If the Operator blocks access to the service for reasons attributable to the Client, the Operator may unblock access to the service upon receipt of an e-mail sent to [email protected] request for unblocking the service and ascertaining that the Client has ceased to violate the Terms of Service and the documents Terms of Service, Resource Use Policy.
  6. The Operator reserves the right to indefinitely suspend the provision of the Hosting Services during the Trial Period, if the Hosting Services previously provided to the Client have been blocked due to non-payment of the Subscription Fee, violation of the Terms and Conditions or the Agreement, or if the Hosting Services are used by the Client in a manner exceeding the characteristics of tests and trials.

§ 9. Hosting Services Management

  1. The Operator shall make available to the Client administrative tools for remote management of individual Hosting Services. Depending on the type of purchased Hosting Services package, the Operator provides the Client with administrative tools to:
    a. domain management and configuration of Hosting Services,
    b. subdomain management and configuration of Hosting Services,
    c. managing all mail services in a web domain,
    d. manage a single email account.
  2. Access to administrative tools is possible via a web browser, after providing access data (user name and password). The Customer undertakes to ensure protection of the access data in a manner preventing their use by unauthorized third parties.
  3. Customer may authorize third parties to use administrative tools.
  4. Entering and updating the Customer's data, selection and acceptance of the form of payment and control of the settlement status is carried out through the Customer Zone Panel.
  5. The Operator is not responsible for the consequences of the use of administrative tools by third parties, for reasons completely independent of the Operator or resulting from the exclusive fault of the victim. The Operator undertakes to take all technically possible and reasonable steps to protect the data collected in the Client Area Panel from access by third parties, as well as against unauthorized use of the Client Area Panel.

§ 10. Technical requirements

  1. To use most of the administration tools, you must have a computer connected to the Internet and equipped with Microsoft Explorer version 8.0 or higher, Mozilla version 4.0 or higher, Opera version 11.0 or higher, or Chrome version 10 or higher. We recommend using the latest available versions of browsers.
  2. The use of certain administrative tools or certain functionalities of administrative tools may also require software other than that specified in 1. In such a case, the Operator shall include in its offer of the Hosting Services a specification of software required to use certain functionalities or administrative tools.

§ 11. Guarantee of service quality

  1. The Operator provides the Customer with a guarantee of service quality, the conditions of which are defined in the SLA Document.
  2. The service quality guarantee lasts for the duration of the Agreement.

§ 12. Rules of liability of the Operator

  1. The Operator shall be liable for damage caused to the Client due to non-performance or improper performance of the Agreement, unless the non-performance or improper performance of the Agreement is a consequence of circumstances for which the Operator is not responsible.
  2. In particular, the Operator shall not be liable for damages arising as a result of:
    a. Lack of availability of hosting services not caused by the Operator,
    b. lack of availability of hosting services caused by factors and third parties (failures of cables, equipment or software in the networks of telecommunication operators, mobile operators, etc.), which Operator had no impact on and could not prevent them,
    c. improper use of the Hosting Services (in particular, the Operator shall not be able to undertake actions aimed at protecting the User's e-mail account from overflowing, which, in extreme cases, may lead to its technical blockade, e.g. due to the failure to remove outstanding correspondence from the server or due to the so-called mailbombing provoked by the User's behaviour),
    d. providing false or incomplete data in the Order,
    e. providing false or incomplete Contact Information or Billing Information or failing to update such information,
    f. breach of the Agreement, the Terms and Conditions or the Customer's Terms of Service, Resource Use Policy,
    g. use of information, materials and software downloaded from the Internet,
    h. discontinuation, limitation or malfunction of services provided to the public by entities independent of the Operator,
    i. non-delivery of electronic mail for reasons beyond the Operator's control,
    j. the Client or User receiving or sending an e-mail containing a computer virus file.
    k. disclosure of the content of the electronic mail, which occurs as a result of disclosure by the Client or the User of the access data to the electronic mail account (i.e. account name and password) or which occurs as a result of other events for which the Operator is not responsible.
    The above provisions do not apply to contracts concluded with Consumers.
  3. The Operator shall use its best endeavours to provide the hosting Services in a constant and uninterrupted manner at the highest level. However, the Operator shall not be liable for any direct, indirect, accidental, consequential, special or punitive damages (even if the occurrence of such damages was foreseeable or the Operator was notified or had knowledge of the possibility of their occurrence) resulting from the fulfillment or non-fulfillment of any of the terms of the Agreement or the Terms of Use (including damages suffered by the Users), such as, among others, loss of revenue or anticipated profits or loss of business opportunity. The above exclusion of liability shall not apply to agreements concluded with Consumers. The Operator shall also not be liable for acts of God, cataclysms or natural disasters (e.g. hurricane, flood, fire, etc.)..
  4. In no case shall the Operator be liable for damages whose value exceeds the value of the Subscription Fees paid by the Client in the Subscription Period in which the damage occurred. The above provision shall not apply to agreements concluded with Consumers.
  5. A Customer who is not a Consumer may pursue claims against the Operator in court only after the complaint procedure has been exhausted.
  6. The Operator reserves the right to:
    a. occasional, short interruptions in the work of the Network causing lack of availability of hosting services, without giving reasons; this provision does not apply to Clients who are Consumers;
    b. immediate cessation of provision of hosting Services and termination of the Agreement in the case of breach by the Client or User of the provisions of the Agreement, Regulations or document Conditions of Services Provision, Resource Use Policy; this provision does not apply to Clients who are Consumers;
    c. blocking or deleting of an email account whose name suggests that it is an account used by the Operator, which may mislead other Clients or Users,
    d. blocking on the Operator's servers certain addresses of senders of messages or entire domains and IP addresses in the case of:
    — violation or possible violation of legally protected rights of Clients or Users by senders of these messages (in particular in the case of sending Spam),
    — exposing the Operator's postal system to losses or instability,
    — violations of the Terms of Service or the Agreement or the Terms of Service or the Resource Use Policy.
  7. The Operator shall make every effort to ensure that the technical solutions provided to Clients and Users as part of the Hosting Services are at the highest possible technological level. It does not mean, however, that they will always be sufficient to protect completely the content of the Clients' and Users' accounts against hacking by third parties or password cracking, as well as against infecting the content of such accounts with computer viruses.
  8. The Operator does not guarantee full functionality of the "Notification via SMS" service, if such a service is available, because of the dependence of the possibility of providing this service on the technical conditions applied by the mobile network operators.
  9. The Operator undertakes to keep you informed about planned Technical Interruptions via e-mail and / or messages in the Customer Panel.
  10. The Operator shall not be liable for loss of access data to manage the Operator's Hosting Services or their use by an unauthorized person.
  11. If the Operator provides the possibility to use services of third parties (partners), the Operator shall not be liable to the Clients for the consequences of using such services by the Clients.

§ 13. E-mail - antivirus protection and filter of unwanted messages

  1. Electronic mail sent to or from the servers through which the Operator provides the Hosting Services are scanned with an anti-virus scanner. However, due to the specific nature of the spread of computer viruses, the Operator does not guarantee full protection against all threats they may cause. The virus database is updated at least once a day. An e-mail message in which a virus is detected is automatically deleted.
  2. The Operator informs that there are no anti-virus systems that are 100% effective in detecting computer viruses. Therefore, the Operator shall not be liable for any damage caused by a computer virus.
  3. In order to increase data security, the Operator recommends the use of regularly updated anti-virus software on the local computer through which the e-mail service is operated.
  4. Within the administrative tools provided by the Operator, the Client has the possibility to run an unwanted message filter (Spam). However, the Operator does not guarantee the full effectiveness of the software supporting the filter of unwanted messages.

§ 14. Postępowanie reklamacyjne

  1. Complaints may be submitted by e-mail to [email protected].
  2. A complaint should include at least:
    — customer's identification information, including Customer's contact details,
    — specification of the subject matter of the complaint together with the reasons for lodging it,
    — date and signature of the Client or person authorized to represent the Client.
  3. The Operator shall respond to the complaint within 14 days of receiving it.

§ 15. Data protection

  1. The Operator, being their administrator, processes Customers' personal data in accordance with the principles set forth in the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of 18 July 2002 on Electronic Provision of Services (Journal of Laws of 2002, No. 144, item 1204, as amended).
  2. The Operator processes the Customers' personal data only to the extent specified in the Billing Data and Contact Data, in order to implement the provisions of the Agreement and these Terms and Conditions, to which the Customer voluntarily agrees when concluding the Agreement.
  3. By concluding the Contract, the Customer declares that he/she is aware of his/her right to access the content of the data and to correct personal data belonging to him/her.
  4. By concluding the Agreement, the Customer consents to the processing of his personal data, including in the future, for the purposes necessary for the execution of the order and provision of services, and confirms that he has read the Privacy Policy applicable to the PinedCloud platform
  5. The Client, by creating an account in the Client Area, agrees to receive commercial information about the Operator, its offer and to the processing of his/her personal data for this purpose and for purposes of promotion, advertising and market research, unless he/she has raised a contrary objection. In case of Consumers, by creating an account in the Client Panel, the Consumer agrees to the use of his/her data by the Operator for promotion, advertising and market research purposes.
  6. The Operator undertakes to protect personal data against access by unauthorized third parties and not to make them available to other entities.

§ 16. Termination of the Agreement

  1. The Agreement may be terminated by either party with one month's notice. The period of notice begins to run on the first day of the month following the month in which the notice was submitted.
  2. The notice period for the Trial Period Agreement is 3 days and is counted from the date of submission of the notice of termination..
  3. The termination of the Agreement always requires written form under pain of nullity, regardless of the form in which the Agreement was concluded.
  4. Subject to paragraph 5, a Customer who is a Consumer has the right to terminate the Agreement by submitting a statement in writing to withdraw from the Agreement within 14 days from the date of its conclusion. Sample declaration of withdrawal from the Agreement in the manner indicated in the preceding sentence is an attachment to the Regulations.
  5. Pursuant to Art. 38 of the Act on Consumer Rights, the Customer who is a Consumer is not entitled to withdraw from the contract in the following cases:
    a. provision of services commenced, with the consent of the Customer being a Consumer, before the expiry of the period specified in paragraph 4 of this section,
    b. concerning audio and visual recordings and recorded on computer storage media after the removal of their original packaging by the consumer,
    c. contracts for services for which the price or remuneration depends exclusively on price movements on the financial market,
    d. services with properties specified by the Customer who is a Consumer in his order or strictly connected with his person,
    e. services that due to their nature cannot be returned or which are subject to rapid deterioration,
    f. press deliveries,
    g. gambling services.
  6. The contract expires:
    a. in cases referred to in § 6 section 7 and § 7 section 5 of the Regulations,
    b. at the end of the Trial Period if no Subscription Fee has been paid during the Trial Period.
  7. The Operator shall have the right to terminate the Agreement with immediate effect and cease provision of Hosting Services in the event of:
    a. violation by the Client or User of the provisions of the Regulations or the Agreement or the documents Conditions of Service Provision, Resource Use Policy
    b. violation by the Customer or User of applicable law or Netiquette rules,
    c. Customer's or User's use of the Hosting Services contrary to their intended use,
    d. The use of Hosting Services by the Client or User with the aim of causing damage to the Operator or other Clients or Users.
    e. undertaking by the Client or User actions, which will result in a failure to fulfil any of the obligations set out in § 5 section 2 in points h) to l) of the Regulations
    In the case of the Consumer, the Operator informs him in writing about his intention to proceed to the actions referred to in this paragraph together with an indication of the violations referred to in points a - e, while setting a deadline, no shorter than 3 days, for their cessation. The exception are situations where the activities of the Consumer has a negative impact on the quality of services provided by the Operator. In such a situation, the Operator has the right to request the immediate actions of the Client eliminating the problem. If despite the appointment of the deadline, the Consumer Customer does not stop the violations referred to in paragraphs a - e, the Operator is entitled to terminate the contract with immediate effect and cease to provide hosting services.
  8. The Subscription Fee for the unused part of the Subscription Period shall be deducted from the Operator's claim against the Client in respect of the contractual warranty penalty for improper obligation performance, the amount of which shall be equivalent to the Subscription Fee for the unused part of the Subscription Period, during which the Hosting Services would be provided to the Client if the Client performed its obligations under the Agreement in a proper manner.
  9. The Agreement may be terminated by the Customer by cancelling the service in the Customer Area at his/her option effective within 24 hours of cancellation or at the end of the subscription period.

§ 17. Final provisions

  1. If the Agreement is concluded in writing, the provisions of the Agreement that are inconsistent with the provisions of the Terms and Conditions shall supersede the inconsistent provisions of the Terms and Conditions.
  2. The language applicable to agreements concluded with the Operator is Polish.
  3. In matters not regulated herein, the provisions of the applicable law shall apply, and in particular the provisions of: the Civil Code, the Act on Rendering Electronic Services and the Act on Personal Data Protection.
  4. Regulations, Terms of Service Document, Resource Use Policy Document, SLA Document, Service Specification and are available on the Operator's website https://pinedcloud.com/docs
  5. The content of the Regulations may be obtained, reproduced and recorded by the Client free of charge at any time.
  6. The Operator reserves the right to make changes to the Terms and Conditions, Terms of Service, Resource Use Policy, SLA, Technical Specifications of Services. If any of the documents mentioned in the previous sentence is changed, the Operator shall inform the Customer about the changes made at least fourteen days before the date of their entry into force. The Operator shall inform the Client of the changes referred to in the preceding sentence by mail, e-mail or fax - depending on the choice of the Operator. The provisions of the new Terms and Conditions, Terms of Service, Resource Use Policy, SLA and Technical Specification of Services are binding on the other Party, unless it offers an early termination of the Agreement. The Customer who is a Consumer has the right to submit an offer of early termination of the Agreement within 14 days from the Operator's notification of changes. For a non-Consumer Customer, this period is 7 days. The offer should be made in writing. The above rigor does not apply to Consumers. In case of effective submission of the offer, the Operator is entitled to:
    a. accept such an offer for a refund of fees in proportion to the unused benefits,
    b. reject such offer and continue to provide the service under the current terms and conditions until the end of the current Subscription Term of the service.
    The Operator will inform the Customer in writing of its position on the offer.
  7. Insignificant changes to the Regulations, the SLA Document and the Technical Specification of Services, which do not affect the rights and obligations of the Client, do not constitute an amendment to the terms and conditions of the Agreement and are not changes within the meaning of this paragraph. Insignificant changes referred to in the preceding sentence shall also not constitute grounds for termination of the Agreement by the Client.
  8. If the need to make changes to the Terms and Conditions or the SLA Document arises from the need to adapt the contents of the aforementioned documents to generally applicable laws or is related to the need to immediately prevent losses or damage that may be incurred: Operator, Customers or Users in the absence of an immediate change to the content of the Terms and Conditions, Terms of Service, Resource Use Policy or SLA Document , the Operator shall be released from the obligation to comply with the deadline for notifying Customers referred to in § 17.6 of the Terms and Conditions.
  9. The provisions of these Terms and Conditions shall be applied taking into account mandatory rules governing legal relations with Consumers.

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