This Terms of Services Agreement (the “Agreement”) apply exclusively to relations , the rights and duties based on the Part 1 – Business Conditions, within the rights and duties are governed by the Commercial Code and any other legal order of the Slovak Republic and the European Union.
1. Definition and Terminology
1.1 Provider or Service Provider
KdeJe Software s.r.o.
IČ DPH: SK2022316230
Principal place of business at Sputniková 4, 821 02 Bratislava, Slovakia, EU
Extract from the Business Register
1.2.1 Personal entity that has interest in utilizing of the Provider webhosting services, email services and internet registration domain provided by the Provider.
1.2.2 Personal and legal entity providing the Provider services to the third party (Partner).
1.3.1 A service-level agreement is the service contract between the User and the Provider, based on the User utilizes the Provider services.
1.4.1 Provider´s internet application available to the all Users after the sign up through the accessible free form at the Provider´s internet webpage.
1.5 Provider´s internet webpage
1.5.1 Internet webpage accessible at the domain www.webhostingy.com.
2. Subject of an Agreement
2.1 Activities of Provider in the terms of Agreement including the Rental of computer time of Provider´s server that is connected to Internet in favor of the User (specified as hosting services), email services, virtual servers and internet domain registrations (Services). The User Services are provided by Provider.
3. Formation, Execution and Expiration of an Agreement
3.1 In consideration for Agreement provided its Formation, the accomplishment of the web form reffered to “Sign Up” beneath and accessible free at the Provider´s internet webpage.
3.2 Agreement is concluded for an indefinite period, unless the agreed parties were provided another agreement.
3.3 Agreement Termination lapses by signed agreement of both entities, by allegation, by one part abandonment of Agreement or by expiry of Provider or User without assignee.
3.4 Any of the parties is empowered to terminate Agreement by authorized support request within the WebAdmin interface. Period of notice is agreed for 1 month and it starts to lapse starting the 1st day of the month following the next month after delivered termination.
3.5 Provider is entitled to terminate Agreement ex directo, in case User is in a breach of an Agreement obligatorily or frequently.
4. Access to Services Purchase
4.1 Individual Services may be ordered through the WebAdmin interface.
5. Terms of Payment
5.1 Services are paid by top up credit system. User is eligible to consider the amount used as a credit and it is paid off to the Provider. Provider issues the invoice for this amount. Minimum amount for credit top up is 10 EUR excluding VAT.
5.2 Credit covers Services provided by Provider. Credit is non-refundable, exclusive of point 5.3 cases.
5.3 In consideration Agreement terminates by Provider application, Provider is obliged to refund the unexhausted credit to User, once User applies by authorized request through the WebAdmin interface. Provider issues credit note to User for the unexhausted credit amount available at the end of termination of Agreement.
5.4 “Hosting” and "Virtual server" services price is cleared and assigned on a daily base. This item is subtracted from the total credit amount. Other Services price is cleared and subtracted from the credit by a single application.
5.5 In consideration the credit amount is subtracted under terminal amount, Provider notifies User by WebAdmin interface message and by e-mail notification. Terminal amount considers as the amount 5 EUR.
5.6 User Services are provided during the period covered by User. In consideration Services are not paid by User (credit top up is not sufficient), Provider is allowed to deactivate provided Services temporarily as long the credit amount will be raised up to terminal amount. User is allowed to inspect the amount within covered period throught WebAdmin interface.
5.7 In consideration, credit is not raised up to 7 calendar days from the deactivation day following the point 5.6, Provider cancels all User Services, data and accounts. Provider does not render oneself liable for User loss caused by Services cancellation under Provider.
5.8 Prices and Services are preceded by Provider internet webpage.
6. Provider Rights and Duties
6.1 Provider provides ordered Services to User for a term of this Agreement in QoS.
6.2 Provider is authorized to demand temporary Service inaccessibility in consideration of renovation and servers maintenance and servers software equipment .
6.3 In consideration of server failure or breakdown, Provider is required to abolish malfunction as soon as possible.
6.4 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 hosting services and mailboxes, incorrectly programmed website or unauthorized intervention into the service settings is not considered as outage.
6.5 Provider does not accept full responsibility for User web content and e-mail communication. User is fully responsible for web content by himself disregarding domain owner is User or Provider.
6.6 Webpages with following nature are not hosted by 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.
6.7 In consideration point 6.6 User provides the webpages within this nature, Provider has right to an immediate disruption of the Services without any warning.
7. User Rights and Duties
7.1 User is immediately obliged to annonce Provider about e-mail address, contact and invoicing data changes through WebAdmin interface.
7.2 The contact data change within the WebAdmin interface does not reflect the relevant TLD domain change in the domain register. In consideration User requests the change including the TLD domain change in the domain register, he is fully obliged to request Provider through the form (support requests) in WebAdmin interface. Provider is obliged to provide relevant TLD domain change within the domain register.
7.3 User is not allowed to send unsolicited mail (spam) through Provider servers.
7.4 User commits not to infiltrate to 3rd party networks or systems through Provider servers.
7.5 User is fully responsible for branch of law regulations of the Slovak Republic and the European Union.
7.6 Disc space provided to User for webpages and databases is provided exclusively for internet webpage usage. User is prohibited to copy to server content which is not directly connected to the webpage content (i.e. movies, music, games, photos, PC back up, etc.).
8. Internet domain registration and renewal
8.1 Provider provides domain registration and domain renewal of the relevant TLD domain registry for User.
8.2 Domain registration and domain renewal are exclusively ruled by the rules dedicated by relevant TLD domain registry (ICANN, EURid, etc.).
8.3 User is responsible for data accuracy in the relevant domain registry. In consideration the contact data change (mainly e-mail address change), User is obliged to provide this change within the domain registry through Provider. Contact data change in WebAdmin interface does not reflect the TLD domain change in the domain registry.
9. Fair Use Policy (FUP)
9.1 FUP is a manner of fair services usage and it secures balanced share of the server capabilities for all Users to avoid quality disruption for one in favor of another User. Services provided illimitable are provided illimitable in case not exceed the Fair Use Policy.
9.2 FUP exceeding means:
a) providing subdomains which are not connected to the customer domain (i.e. 3rd party internet webpages hosting under subdomain, etc.),
b) providing mailboxes which are not connected and not supported by User (i.e. large volumes of other customer mailboxes, public mail server, etc.),
c) User operation, which endangers non-problematic technical equipment usage of Provider (servers, network components, etc.).
9.3 In consideration FUP violation, Provider contacts User to solve FUP violation. If User does not provide the FUP violation prevention, Provider may block relevant hosting service. The service may be cancelled after period of 30 calendar days from the day of blocking.
9.4 In consideration, internet webpage situated on the server causes server inaccessibility, this User page may be temporarily terminated by Provider.