General terms and conditions

General terms and conditions for webhosting services, domain registration and other related services
(hereinafter referred to as „GTCs “)

General Terms and Conditions on the Provision of Webhosting Services, Domain Registration, Server and Cloud Services and other Related Services (hereinafter referred to as „GTCs“) of the joint stock company WebSupport s.r.o., ID No: 36 421 928, having its registered seat at: Karadžičova 7608/12, 821 08 Bratislava, registered with the Commercial Register of the District Court Bratislava I., sec.: Sro, insert no.: 63270/B.

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General Provisions
1. WebSupport s.r.o., a limited company having its registered seat at: Karadžičova 12, 821 08 Bratislava, registered with the Commercial Register of the District Court Bratislava I., sec.: Sro, insert no.: 63270/B (hereinafter referred to as „the Provider“), ID No.: 36 421 928, TAX ID: 2021869234, VAT ID: SK2021869234, contact email: helpdesk@websupport.sk, phone number: +421-2-20608080, is a provider of webhosting services, e-mail, second-level domains registration, serverhousing, virtual servers, server lease, on-line marketing, webdesign, search engine optimalization and other related services (hereinafter referred individually as „Service“ or altogether as „Services“) in accordance with the scope of business registered with the Commercial Register.
2. The subject matter of GTCs is to determine the rights and obligations of the Provider and the User. GTCs are an inseparable part of the Agreement concluded between the Provider and the User. These GTCs also apply to the rights and obligations of a third party designated or appointed by the User, acting in the name and on behalf of the User in connection to the relationship between the Provider and the User pursuant to these GTCs.
3. These GTCs shall apply only to providing the Users with the Services stated therein and together with all the other written contractual documents and oral agreements concluded between the Provider and the User related with providing the Services, they shall define the scope of the contractual relationship between the Provider and the User. These GTCs shall not apply to a delivery of goods to third parties by the Provider as a supplier.
4. Terms and expressions defined or used in these GTCs shall apply and have the same meaning in all contractual relationships between the Provider and the User related with the Services, unless it is stipulated by a generally binding regulation or concluded in writing by the contracting parties otherwise.
5. By paying the Price for ordered Service, or by starting to use it, the User thereby agrees to have acquainted with these GTCs as follows and with (http://websupport.sk/conditions) the Complaints policy (http://websupport.sk/complaints-policy).
Services Specification
1. „Webhosting“ Service is a service that enables the User to place and run domains with a space on a domain host server of the Provider. „E-mail“ Service is usually part of „Webhosting“ Service. Each of these services can also be provided separately.
2. „E-mail“ Service is a service based on enabling the User to create certain number of e-mail boxes, aliases, as well as a domain basket, to forward e-mails and to gain access to e-mail via web interface, POP3 or IMAP protocols.
3. „Second-level domain registration“ Service means the Provider’s service as an authorised registrator based on performing acts in order to gain an ownership right or a user right to a second-level domain name (hereinafter referred to as „the domain“) for a User as follows:
  1. domain registration on behalf of and for the account of a User or
  2. domain registration on behalf of and for the account of the Provider with the prerogative user right for a User,
  in line with the respective applicable rules and conditions of the registering authority for a generic or national internet first-level domain (hereinafter referred to as „Domain Administrator“ and “Rules of the Domain Administrator”). Ownership of a domain means a legitimate possession of a domain in accordance with the Rules of the Domain Administrator. Prerogative user right to a domain means the right to use the domain in accordance with the Agreement (the Order) concluded between the Provider and the User as set out in these GTCs and Rules of the Domain Administrator, where the Provider is a possessor of agreed domain and the User has a prerogative right allowing them mostly to give the Provider orders how to manage the domain, run websites on the domain, determine the domain routing to namespace servers, demand domain transfer to the User or third parties and obliging them to pay the Provider a fee for providing the Service. The Provider may establish a Prerogative User Right to the domain for the User only if the Rules of the Domain Administrator allow. Prerogative User Right to the domain for the User cannot be established to a second-level domain in the highest-level “.sk”domain. These GTC provisions regarding a Prerogative User Right for the User, namely Article 6, paragraphs 6.8 to 6.12, cannot be applied to the registration and ownership of a second-level domain in the highest-level “.sk” domain in accordance with Article 18 of these GTCs.
4. Solutions for „On-line marketing“, „Webdesign“, „Search engine optimization“ are services that are provided by the Provider on the basis of individual requirements of the Customer or the User, usually according to the separately concluded contract with the Customer, respectively with the User. In case the written contract has not been concluded, provisions of these GTCs shall apply to such contractual relationship accordingly.
5. Server and Cloud Services are services of serverhousing, lease of a dedicated server, lease or running of a virtual server, a virtual data server, their monitoring, backup, administration and licensing. Furthermore, to such Services belong also lease or running of a data storage and security and network infrastructure to such a service.
6. „Other related services“ are especially services of domain redirection, shell account, administration of the Services provided to the User as well as other services that the Provider provides or shall provide in the future within their scope of business registered with the Commercial Register.
7. The Provider provides the Services in accordance with their knowledge and technical possibilities, as well as with technical possibilities of their subcontractors in a quality corresponding with generally accepted requirements for the Services and with services provided to the Users in similar contractual relationships with other providers.
Definitions
1. Webhosting, Domain Registration and other Related Services Agreement (hereinafter referred to as „Agreement“) is a standardised form agreement, based on which the User orders Services from the Provider. What is also considered as an Agreement is a filled-in and sent form that is called an Order with an obligation to pay. Futhermore, if a User creates a new Invoicing Profile in the Admnistrative Interface of the Service, it shall be deemed as an Agreement. The Agreement proposal (Order proposal) as a blank form is placed and made available to everyone on the Provider’s web page where data concerning a User can be typed in and the Services can be bindingly ordered from the Provider.
  1. Contract for Work, Service Contract, Individual Services Contract or other Contracts are concluded between the Provider and the Customer or the User separately in writing for handing over the work or for providing services according to the individual requirements of the Customer or the User, especially in cases in which Webhosting, domain registration and other related services agreement shall not apply. To the contractual relationship created by such contract, provisions of these GTCs shall apply accordingly, unless the contracting parties stipulated expressly in writing otherwise. In case these GTCs state a term „the Agreement“, it is also meant to be the contract concluded in accordance with this Article of GTCs.
  2. Individual Agreement is a specific agreement on qualitative and quantitative parameters of providing the Service and on sanctions for their breach; there is no legal claim for the User to the conclusion of such agreement. On the day of its conclusion, individual agreement becomes an inseparable part of the Agreement, to which it is concluded as its attachment or its amendment.
2. GTCs means these General terms and conditions that are an inseparable part of the Agreement, unless the contracting parties stipulated in writing otherwise (Article 3.1.a.).
3. The Provider is WebSupport Ltd., having its registered seat at: Karadžičova 12, 821 08 Bratislava, registered with the Commercial Register of the District Court Bratislava I., section: Sro, insert no.: 63270/B, ID No.: 36 421 928, TAX ID: 2021869234, VAT ID: SK 2021869234.
4. A User is a natural person or a legal entity in a contractual relationship with the Provider based on the Agreement (Order). The User who does not act within the scope of their business or other entrepreneurial activities when making and performing a contract is a Consumer.
5. A Consumer means a User as a natural person not using Services within the scope of their business or other entrepreneurial activities.
6. “World wide web", „web“ or „www“ means distributed multimedia hypertext system enabling movement within the Internet sources. If the User has registered second-level domain, www address is in the form of virtual www server: „www.domainname.sk“.
7. Internet is a public data network enabling data transfer between network endpoints or also other forms of communication.
8. Unlimited Disk Space means a disc space with the capacity (maximum limit of storage capacity) corresponding with general user standard for a particular type of the User, taking into account possibilities of the Provider or their subcontractors and maintaining the fluent operation of the devices of the Provider or their subcontractors. Upon request of the User, the Provider may enhance the disk capacity without additional Price increase or with additional Price increase taking into account their possibilities and maintaining fluent operation of the devices of the Provider or their subcontractors. The Provider reserves the right to refuse disc capacity enhancing for the User in case it threatens the fluent operation of the Provider’s devices or of their subcontractors.
9. Unlimited Number of E-mail Boxes means a number of e-mail boxes corresponding with general user standard for a particular type of the User taking into account possibilities of the Provider or their subcontractors and maintaining the fluent operation of the devices of the Provider or their subcontractors. Upon request of the User, the Provider may enhance the maximum number of e-mail boxes without additional Price increase or with additional Price increase while taking into account their possibilities and while maintaining a fluent operation of the Provider’s devices or of their subcontractors. The Provider reserves the right to refuse repeated maximum number of e-mail boxes enhancing in case it threatens the fluent operation of devices.
10. Unlimited Data Transfer means a data flow to the domain in possession or use of the User from the Internet network or from the domain in possession or use of the User to the Internet network and data flow in a capacity corresponding with general user standard for a particular type of the User taking into account possibilities of the Provider and maintaining the fluent operation of the devices of the Provider or their subcontractors.
11. Warez means an illegally gained or offered software or a data file containing work protected by intellectual property legislation (for example books, movies, music), illegally gained or offered access rights to software or instructions to illegal gaining of software or other data.
12. Price of the Service (Services) is agreed in accordance with the Act No. 18/1996 Coll. on Prices as amended, as a contractual price and it consists of a sum of prices of all particular performances provided within the Service. The price for provided Service is stated in the Price list. The Provider may upon his decision and under beforehand determined and published conditions provide part of the Service or the Service itself for free to the User having fulfilled these determined conditions. The price is charged with relevant value added tax rate in accordance with legal provisions valid at the moment of providing the Service.
13. Price List is a list of Prices for particular Services provided by the Provider, supplements, free services, details on one-off, regularly repeated and variable prices, including beginning and termination of the billing period, means of the Price reimbursement, details on how the User may ask for information about possible discounts. The Price list is an inseparable part of the Agreement, unless the Service is provided for free according to the Article 3.12, second sentence. Each price in the Price list is always listed without VAT as well as with VAT for a unit of measure and for a respective time period.
14. Activation of the Service means such act of the Provider, by which the Service becomes functionally available via Internet network and which enables the User to really make use of the Service.
15. Period of providing the Service (Services) is a time period from the day the Agreement becomes effective to the day of its expiry.
16. Temporary Interruption of Providing the Service is an act of the Provider that makes it for the User temporarily impossible to use the Service under conditions set out in these GTCs.
17. Help Desk means a customer care centre that exercises all the requirements and notifications of the Provider concerning the provided Service towards each User, furthermore it provides the User with technical support and accepts the User’s warranties, complaints, requests and other claims. Helpdesk is available to each User via email: helpdesk@websupport.sk, via phone: +421-2-20608080 or via online chat on the Provider’s webpage. The Provider may provide also another technologically viable access to the Helpdesk services.
18. Administrative Interface of the Service is a web user interface made accessible by the Provider via Internet on the Provider’s website in “Webadmin” (https://admin.websupport.sk/) for accessing services provided by the Provider.
19. Other Administrative Interfaces of the Service are web user, programming (API) or terminal interfaces made accessible by the Provider via Internet which extend Services and functionalityof the Administrative Interface of the Service for services provided by the Provider.
20. Invoicing Profile is a summary of the User’s identification data or personal data which the User enteres in the Administrative Interface of the Service and based on which the Provider identifies the User, communicates with the User and creates and sends accounting and tax documments to the User.
21. Virtual Server is a Server and Cloud Service that is created by dividing a physical server (data space, computing power, network capacity, memory, etc.) into several parts. These parts – Virtual Servers – can be provided to different users and therefore may be shared. The Virtual Server can be moved between different physical servers.
22. Dedicated Server is a Server and Cloud Service in which a physical server or part of it serves exclusively and fully one User.
23. Container is a Server and Cloud Service that is created by dividing a physical or virtual server (data space, computing power, network capacity, memory, etc.) into several parts. These parts – Containers - can be provided to different users and therefore may be shared. The Virtual Server can be moved between different physical or virtual servers.
24. Customer Server is for the purposes of the Agreement a summary designation for a Virtual Server, Dedicated Server or Container and is provided to the User as a Service.
25. Managed Service is a service of administration of the operating system, selected applications and provision of technical support by the Provider on the User's Customer Server.
26. One-time Service Intervention is a professional technical act on the hardware or software part of the Service for the User's Customer Server, which is carried out as a one-time activity or as an individual specific Service provided by the Provider to the User for a short period of time.
Concluding the Agreement, the Subject of the Agreement
1. Every one interested in the Service has a right to conclude the Agreement with the Provider under the conditions set out in generally binding regulation and these GTCs.
2. The Agreement may be concluded remotely by filling in and sending the Order via web site of the Provider or in writing. The Agreement concluded by filling in and sending the Order via web site of the Provider becomes effective at the moment of reimbursement of the first instalment for the Service based on a proforma invoice issued by the Provider, unless the Service is provided for free. In case of the free Service, the Agreement is concluded at the moment the acceptance is delivered from the Provider to the User via e-mail or by any other provable means or at the moment of the very beginning with providing the Service.
3. The Provider is bound by the offer including the Price upon expiry of a proforma invoice due period.
4. Minimum period during which it is possible to conclude the Agreement for a specific Service is stated by each particular Service in the Price list.
5. The subject of the Agreement is for the Provider particularly the obligation to provide the User with disc space to place and run web pages, to run e-mail servers, to register second-level domains with the Domain Administrator on behalf of and for the account of the User or on behalf of the Provider, for the account of the User with a prerogative user right for the User with the exception of second-level domains in the highest-level “.sk” domain and to provide other related services in determined quality and agreed extent to the User under conditions set out in the Agreement, in individual agreements and these GTCs.
6. The subject of the Agreement is for the User the obligation to pay the Price for ordered Services, to exercise their rights and meet the obligations under the Agreement and these GTCs.
7. GTCs and the Price list are an inseparable part of the Agreement.
8. A mistake occurred when typing data into the Order may be corrected by clicking on a relevant field in the Order, where the User deletes incorrect data and types their correct version. After sending the Order, complete Order with filled in data is displayed for the purpose of a control, where the User may correct any incorrect data as well.
„Webhosting“ Service Specification, Rights and Obligations of the Provider
1. The Provider shall enable the User to use their server and software for virtual internet server operation in the extent stated in the Agreement. Server of the Provider is placed in a housing centre of a third party as a subcontractor to the Provider.
2. Regarding the provision of the Service, the Provider is obliged particularly:
  1. to ensure server functionality;
  2. to update software on a regular basis, in terms of functionality and safety of server;
  3. to take precautions to lower or entirely eliminate any possible failures in the Service provision;
  4. to perform planned precautionary Service disconnection for the purpose of control, maintenance or replacement of hardware, or if needed for software setup or update (hereinafter referred to as „the Service disconnection“);
  5. to inform in advance about planned Service disconnection on their webpage, possibly by e-mail or social media or by any other proper means to notify concerned Users thereof;
  6. to meet other obligations as follows from the Agreement and these GTCs;
  7. to notify the User without undue delay of any possible restrictions, suspensions or changes to the provision of the Service or planned measures in the Internet network and on devices of the Provider or a third party that may influence the provision of the Service;
  8. to provide the User with help and technical support via Help Desk.
3. Regarding the provision of the Service, the Provider is entitled particularly:
  1. to suspend the provision of the Service temporarily and without any previous notification, in case the User breached obligations under the Agreement or these GTCs, especially when they failed to pay agreed Price in due period or when they breached obligations under clause 7, Article 7.2. of these GTCs, namely till the moment remedy is performed by the User;
  2. to remove from their devices any information and data concerning the User and the User’s domain, in case the User repeatedly and seriously breached their obligations under the Agreement or these GTCs;
  3. to restrict temporarily reserved disk space for the User, transfer speed for the User or other User’s activities to a certain level, in case previous the User’s activities would cause a threat or a substantial limitation of fluency or functionality of devices of the Provider, of their subcontractors or of activities of other users;
  4. to perform transfer of contractual rights and obligations under the Agreement to a third party with the consent and in cooperation with the original and the new User only after proven reimbursement of all obligations towards the Provider. There is no legal claim to the transfer of contractual rights and obligations for the User according to this Article;
  5. to establish additional forms of protection of the Service, if it is necessary because of enhancement of its protection or because of protection of the User, unless establishing such protection creates additional costs to the User or unless the User agreed with these additional costs or asked for such establishment of additional protection of the Service;
  6. to change a time period for which invoices (tax documents) shall be issued to the User on a regular basis (hereinafter referred to as „the billing period“);
  7. to additionally invoice items of the Service that could not be included in the invoice issued for the period in which these items were provided due to technical reasons or due to additional order by the User;
  8. to inform the User about products concerning the Service and other activities of the Provider via e-mail or by any other proper means; such information shall not be considered as an unsolicited e-mail (spam);
  9. to ex parte diversify or change functional or technical specification of the Service or refine user interface to access the Service, if this diversification, change or refinement is in compliance with the latest expert knowledge in the relevant field or if it undoubtedly contributes to a user comfort when making use of the Services;
  10. to suspend or restrict providing the Service without any previous notification in justified cases, especially during planned maintenance, technical inspections, revisions, repairs on technical devices through which the Service is provided or because of power blackout, cases of emergency, terrorist attacks, epidemics, however only for an inevitable period of time;
  11. to refuse to provide the Service to the User, if the provision of the Service was temporarily suspended before or if the Provider or other provider doing business in the same field withdrew from contract for repeated or serious obligation default by the User.
„Second-Level Domain Registration“ Service Specification
1. The Provider shall arrange registration and operation of a free domain without undue delay provided that there is no obstacle to the User or to a third party preventing the domain from registration, renewal of registration or operation. Obstacle to a third party means especially ownership of a trademark by a third party that is identical or interchangeable with registered domain, identity or interchangeability of a business name or a name of a third party with registered domain or any other legal or factual obstacle to the Provider, the User or a third party, that objectively prevents the domain from its registration. The Provider is entitled to refuse domain registration in their name or in the name of the User in case they have knowledge that the domain name is identical with business name or trademark of a third person or that it otherwise violates the rights of third parties. The Provider shall furthermore refuse to register domains in their name on behalf of the User in case the Rules of the Administrator either do not allow for it or they explicitly forbid it.
2. The Registering Authority for highest-level “.sk”domains, i.e. the joint stock company SK-NIC a.s. ID No: 35698446, its registered seat at: Borská 6, 841 04 Bratislava, registered with the Commercial Register of the District Court Bratislava I, sec.: Sa, insert No. 1156/B (hereinafter referred to as „SK-NIC“ and „SK-NIC Rules“), which are valid at the time of the domain registration, provide rules and conditions covering the following areas: registration of national highest-level “.sk”domains, Provider’s rights and obligations as an authorised registrator and the User as the Owner of the Domain, changes to and cessation of domain ownership. Registration of other national or transnational domains is subject to the rules and conditions of relevant domain administrator that are valid at the moment of a particular domain registration. Prior to concluding an Agreement the User is obliged to get acquainted with these rules and conditions and by concluding a contract with the Provider, the User undertakes to observe them. The Provider is not responsible for a change of these rules and conditions or for any other conduct of domain administrator or for damage the User might thus suffer.
3. Registration of a domain is carried out in the same order in which the Provider received each Order. Registrations are deemed as completed only after the User’s payment for domain registration has been credited to the Provider’s account. Fees for domain registration are available in the Price List of the Provider on their webpage. The act of paying registration fee for a chosen domain registration does not constitute a claim for the User to a successful registration. The Provider shall inform the User about the outcome of the registration process after its completion.
4. In case the Provider fails to register a domain due to reasons pertaining to the Domain Administrator or the Provider, the User is entitled to demand registration of another domain or a full refund. The Provider is not liable for damage or lost profit the User suffered as a result of a successful or unsuccessful domain registration or for damage in direct relation thereto.
5. If a User requesting a domain registration is a consumer in accordance with the respective law, by filing a request for a domain registration the User agrees that the registration shall be carried out without undue delay after checking if the terms and conditions for registration have been met in line with the Rules of the Administrator, i.e. before the period as set out in general legislation for contract withdrawal expires, and is not entitled to withdraw from a contract for domain registration in case the domain registration has been completed before the period for withdrawal from contract by the user expired in accordance with the general legislation. The Provider hereby notifies the User and the User takes note of and agrees with the fact that the User may cancel the Order for domain registration or withdraw from a contract for domain registration only until the Provider takes binding action leading to domain registration at the respective Domain Administrator in line with their rules for domain registration valid at the time of the domain registration. After the above-mentioned action has been taken the User cannot claim a refund unless a situation arises as described in paragraph 6.4, first sentence of this Article of these GTCs.
6. The fee for successful domain registration is not refundable. Even after termination of the Webhosting Service by the User, the domain remains registered to the User for the prepaid ownership period or in case the domain has been registered to the Provider with prerogative user right for the User, it remains registered to the Provider. The User may demand a change of domain registrator in a way under relevant rules and conditions of domain administrator. The User is obliged to pay the fee for a change of domain registrator charged by the domain administrator to the Provider or to a new domain registrator depending on rules of changing domain registrator at the relevant domain administrator.
7. The User is aware of the fact that the Provider is not liable for functionality and setup of the User’s or third parties’ nameservers or for technical setup preformed by the User. The Provider is not liable for any breach of rights by the User to a business name or a name of other legal entity or to a trademarks and for breach of law by using domain name or the User’s directory name that are business names or trademarks of other legitimate possessors or that violate third parties’ rights otherwise. Such liability is fully held by the User.
8. In case of out-of-court, arbitral or judicial claim by a third party for a domain registered on behalf of the Provider with prerogative user right for the User, the User is notified by e-mail or by phone of possible violation of rights of a third party and of the fact that a claim for the domain by a third party towards the Provider occurred. In such case, the User is in a period of 3 days from the notification of this fact obliged to request from the Provider a domain transfer on his behalf or on behalf of other third party. The Provider shall comply with such request without delay after rules and conditions of relevant domain administrator have been met and after announcing necessary personal data of the User or a third party to which the domain shall be transferred and they shall thus transfer the domain to the User or to such third party.
9. If the User does not request for domain re-registration under Article 6.7 of this paragraph of GTCs on his behalf within 3 days from the day of notification of facts under Article 6.7 first sentence of this paragraph of GTCs or if it is not possible to reach the User by known contacts stated in administration interface of the Service of the Provider, it considered that the User has surrendered his prerogative user right to the domain and the Provider is entitled:
  1. to conclude an out-of-court settlement or other settlement with a third party, or
  2. b) to surrender the domain in favour of a third party, i.e. to transfer the domain to a person who made a claim under Article 6.7 of this paragraph of GTCs, or
  3. to transfer the domain to any other third party at their discretion, or
  4. to take other measures or to deal with the domain otherwise so that no damage could occur to the Provider.
  The User takes into account and agrees with the Provider being entitled to take any measures to prevent damage from occurring to the Provider as a result of such claim by a third party in the interest of and with the aim of avoiding a lawsuit. The Provider is not liable for damages or lost profit having caused to the User by proceeding in accordance with this Article of GTCs.
10. If it is not possible to transfer the domain to the User or a third party after the claim under Article 6.7 of this paragraph of GTCs because of ordering an interim measure by a court or by an arbitrator (arbitration court) or because of disabling the transfer by a domain administrator according to their rules or because of any other reasons, and the User is interested in a preferential use of a domain and its protection against third party’s claims, the User is obliged to conclude in writing a separate agreement on funding out-of-court negotiations, court or arbitration proceedings, in which the User shall undertake the following steps towards the Provider regarding the domain dispute :
  1. to reimburse costs for out-of-court negotiations, court or arbitration proceedings, especially costs of proceedings, consisting of court or arbitration fees, costs for evidence safeguarding, expert opinions, reports and other costs of proceedings, representation reimbursement if the representative is an attorney appointed by the User and in case the User does not appoint a representative within 7 days from the day of a claim notification by a third person, the representative is appointed by the Provider;
  2. in case of not having succeeded, to reimburse costs of proceedings and costs of representation of the defendant provided by final and executable decision;
  3. to reimburse damages, lost profit and other claims provided by final and executable decision;
  4. to provide the Provider with all the required and necessary cooperation for claiming and defending the right of the Provider or the User to the domain.
  5. to provide the Provider an advance payment in order to reimburse costs for defending the User’s rights to the domain, mainly costs as described in a) till c) of this paragraph.
11. In case of the Provider having succeeded in the domain dispute, the Provider shall surrender to the User enforced claims after having deducted legitimate costs of the Provider.
12. In case the User refuses to conclude the agreement under Article 6.9 of this paragraph of GTCs, the Provider is entitled to proceed at their discretion accordingly with Article 6.9 of this paragraph of GTCs.
Content of the Server and Cloud Service
1. The Provider shall enable the User to use its server and its software for the operation of the Customer's server to the extent specified in the Agreement. The Provider's Dedicated server and the infrastructure for the Virtual Server are located in the housing center of a third party as a subcontractor of the Provider.
2. The Provider acknowledges and agrees that the data placed on the Customer's server may be subject to the User's trade secret, know-how or other protection by the User.
3. In connection with the provision of the Service, the Provider is entitled particularly:
  1. to temporarily and without prior notice suspend the provision of the Service, if the User has breached the obligations under the Agreement or these GTC, in particular has not paid the agreed Price within its due date or violated the obligations under Art. 7, point 7.2. of these GTC, until the User makes a correction;
  2. to remove from its devices all data, information and data concerning the User and the User Domain, if the User has repeatedly or seriously violated its obligations under the Agreement or these GTC;
  3. to carry out the transfer of contractual rights and obligations under the Agreement to a third party only with the consent of the original and new User, and only after the proven payment of all obligations to the Provider. The User has no legal right to the transfer of contractual rights and obligations under this provision.
  4. to introduce additional methods of protection of the Service, if this is necessary to increase its protection or for the protection of the User, if the introduction of this protection does not incur additional financial costs on the part of the User or if the User has agreed to these additional costs or requested the introduction of additional protection of the Service;
  5. to perform backups of Virtual Servers, only for the need of recovery in the event of a technical failure or failure on the part of the Provider. These backups are not used to restore data at the request of the User;
  6. to modify the time period for which the invoices (tax document) will be regularly issued to the User;
  7. to additionally charge the User for those Services which, due to technical reasons or due to the User's additional order, could not be included in the invoice issued for the period in which they were provided;
  8. to inform the User about products related to the Service and other activities of the Provider by e-mail or in another suitable way; such information is not considered spam;
  9. to unilaterally modify the functional or technical specification of the Service, or improve the user interface for access to the Service, provided that such change or improvement is consistent with the latest expertise in the relevant field or undoubtedly contributes to User´s comfort when using the Service;
  10. in justified cases, especially during scheduled maintenance, technical inspections, revisions, repairs on technical equipment through which the Service is provided or due to force majeure circumstances (especially power outages, crises, terrorist attacks, epidemics), to interrupt or limit without prior notice provision the Service, but only for the time necessary;
  11. to refuse to provide the Service to the User if the provision of the Service has previously been temporarily suspended or the Provider or another provider operating in the same field has withdrawn from the contract with the same User for repeated or serious breach of obligations by the User.
4. In connection with the provision of the Service, the Provider is obliged particularly:
  1. to ensure the functionality of the Customer Server on the hardware side and its connectivity to the Internet. In the event of a defect or other failure of the Customer Server, the Provider is obliged to replace the defective hardware component or the entire device, the field of technical options and the need to restore the functionality of the Customer Server. In the event of a defect or other failure of the Virtual Server, the Provider is obliged to ensure its launch on another part of its infrastructure.
  2. to regularly update, in terms of functionality and security, the software of the infrastructure ensuring the operation of the Virtual Server;
  3. to take measures to reduce or completely eliminate possible outages in the provision of the Service;
  4. to perform the planned preventive disconnection of the provided Service for the purpose of checking, maintaining or replacing the hardware component, or setting or updating the Dedicated Server software and the infrastructure ensuring the operation of the Virtual Server (hereinafter referred to as the "Service outage");
  5. to inform the User in advance about the planned outage of the Service exceeding 10 minutes on its website, in the Administrative Interface of the Service, or by e-mail, via social networks or in another suitable form;
  6. to perform service operations on its infrastructure and Customer Servers, preferably so as to ensure their continuous operation. In the event that this procedure is not possible or is inefficient, the Provider is entitled to restart the Customer Server. Unless required by an extraordinary situation or circumstances, the Provider performs such intervention preferably during the "off-peak" period (especially at night);
  7. to notify the User without undue delay of any planned restrictions, interruptions or changes in the provision of the Service or planned measures operated on the Internet and on the Provider's or third party's facilities that may affect the provision of the Service;
  8. to provide the User with assistance and technical support within the scope of the Service via the Helpdesk or a pre-agreed communication channel;
  9. to protect and keep confidential data on:
    1. the configuration of the Customer Server provided to the User, the specific forms and methods of protection of the Customer Server, except for the facts generally stated about the properties and parameters of the Service and basic technical details;
    2. economic and operational conditions of the User and his business partners;
    3. any technical and related data of the User and his business partners related to the provision of the Service.
Special rights and obligations of the Provider and the User in the provision of the Server and Cloud Service:
1. The User is entitled to be assigned one (1) static public IP address by the Provider to each Virtual Server or Dedicated Server. This does not apply to services that are operated as part of virtualization on internal networks and to Container Services.
2. The disk space of the Customer Server also includes space for the operating system itself and other software installed on the Customer Server. The User does not have physical access to the Customer Server or any part of its infrastructure.
3. Within the framework of a One-Time Service Intervention,the Provider undertakes to perform one act professionally and in accordance with general standards or according to the exact request of the User. The User is obliged to provide to the Provider cooperation and information necessary for the performance of the act. The Provider does not guarantee the status and functionality of the operating system, applications and data on the Customer's server, nor the status and functionality of the systems and environments that use the Customer Server. The User acknowledges that the act of performing a One-Time Service Intervention by the Provider may result in:
  1. modification of the system requirements for the resources of the Customer Server; or
  2. operations that may permanently malfunction or damage the Customer's server.
4. Within the framework of Managed Service, the Provider undertakes to perform professionally and in accordance with general standards or in accordance with the exact requirements of the User several actions according to the User's requirements. The User is obliged to provide the necessary cooperation and information to the Provider for the performance of actions. The Provider does not guarantee the status and functionality of the operating system, applications and data on the Customer Server, nor the status and functionality of the systems and environments that use the Customer Server. The User acknowledges that an act in the performance of the Managed Service by the Provider may modify the system requirements for the resources of the Customer Server. The Provider is not responsible for changes made by the User in such a system. The Provider is entitled and the User is obliged to provide him with full access to the operating system and applications on the Customer Server. This access may be revoked or limited to pre-arranged operations.
5. The User acknowledges and agrees that within the One-Time Service Intervention and the Managed Service, software resources, scripts, technical equipment, their components and equipment for their implementation are subject to the Provider's know-how and trade secret.
6. The Provider is not responsible for blocking the services of the Customer Server provided within the Service to the User by a third party.The Provider is not responsible for the operating system, applications and content, for the correct licensing of the operating system used by the User or the applications operated by the User. If the User damages or malfunctions the operating system, applications or data by his fault or omission, he may request a reinstallation via the Service Administration Interface or a request sent to the Helpdesk to achieve the default server settings after installing the operating system.
7. The Provider is not responsible for the operating system, applications and content, for the correct licensing of the operating system used by the User or the applications operated by the User. If the User damages or malfunctions the operating system, applications or data by his fault or omission, he may request a reinstallation via the Service Administration Interface or a request sent to the Helpdesk to achieve the default server settings after installing the operating system.
8. The Provider is entitled to monitor the availability of the Dedicated Server using the ICMP protocol, unless the User prevents it from doing so. The Provider is entitled to monitor the virtualization environment, not the Virtual Server itself. Service technologies for remote administration of a Dedicated Server (especially iDRAC, iKVM, etc.) shall be used only for necessary operations such as restart or reinstallation. They do not serve as a substitute for access via a terminal or remote desktop services for the User.
9. The Provider is not obliged to make backups of the Customer Server. The User is entitled to make backups of the Customer Server by his own resources and at his own expense. If the User uses the data space of the Operator for making backups of the Customer Server, the Operator is not responsible for the completeness, accuracy and consistency of the data stored in such way. The backups of the Customer Server made by the User, its individual databases and other binary stored data are not a Data Backup service provided by the Provider and the Provider is not responsible for the backup of the Customer Server or its part made in such way. Likewise, it is obligation of the User to have a backup of the Customer Server, its individual databases and other binary stored data and the possibility to return the status of the Customer Server to the state before the One-Time Service Intervention.
10. The User is responsible for the content of his Customer Server. The User declares that he is the holder or executor of copyrights, rights arising from trademarks and other legally required rights related to the Provider's Services, which the User uses within the Customer Server. Applications operated on the Customer Server are managed by the User. The Provider is not responsible for the proper operation of such applications.
11. The User is obliged to secure by software his Customer Server against misuse by a third party, particularly to protect the administrator access to the Customer Server from disclosure, cracking or misuse (strong password, key, firewall, restriction of source IP addresses). In case of misuse of the Customer Server by a third party, especially misuse for activities under Art. 7 par. 7.2 of these VoP, the User is obliged to prevent the performance of these activities and at the same time immediately cooperate with the Provider to prevent such activity and remove defective content. In such a case, the Provider is also entitled to limit the provided Service (especially by blocking network traffic or even interfering with the content) or suspend the operation of the entire Customer Server.
12. The User, when using the Customer Server, shall not:
  1. modify the MAC address of network interfaces,
  2. modify the device´s IP address,
  3. operate a DHCP server,
  4. interfere in any way with the activities of the hypervisor managing the virtual servers, particularly attempting to change the restrictions, the system resources allocated to it or trying to exceed those restrictions; uninstall or modify drivers from the preinstalled operating system;
  5. perform security (especially penetration) tests and stress tests on the Customer Server without the consent of the Provider.
13. The User is entitled to restart the Customer Server. At the same time, the User is obliged to ensure that the running applications are set up so that they run smoothly after the restart. The Provider shall not be liable for any defects or damages caused by incorrect launch of applications or services or incorrect configuration on the User's Customer Server.
License rights and obligations of the Provider and the User in the provision of the Server and Cloud Service:
1. The Linux operating system on Customer Server and related applications may be licensed under the license terms of the "open source" program or other license terms of the program producer. The software is provided "as it is" as part of the community support of a given operating system or application. The User is obliged to comply with the relevant software license applicable to the operating system or application used by him. The Provider shall not be responsible for technical support and shall not be obliged to provide interoperability for operating systems and applications for which technical support has been terminated by their creators.
2. The Provider is entitled, upon agreement with the User, to provide him with a license for the use of selected products of Microsoft Ireland Operations Limited (hereinafter referred to as "Microsoft"). The Provider does not provide technical support for the products provided in such way. Neither the software nor the license to use it is owned by the Provider or the User. Upon cancellation of the Service, the User loses the right to use the binding license applicable to the Service. The User is obliged to comply with the license terms of the applicable Microsoft product. The User is not entitled to sublet, provide in installments, lend or directly or indirectly provide or distribute to any third party or allow any third party to access or use the functionality of software products, make copies or otherwise dispose of these products. The User is obliged to delete the necessary backup copies after the cancellation of the Service.
3. The use of selected Microsoft products is governed by the Microsoft Cloud Agreement, concluded between the Provider and Microsoft, which is available on the Provider's website at: (https://www.websupport.sk/obchodne-podmienky, or at: https: //download.microsoft.com/download/2/C/8/2C8CAC17-FCE7-4F51-9556-4D77C7022DF5/MCA2017Agr_EMEA_EU-EFTA_SLK_Sep20172_CR.pdf . The user is obliged to comply with this agreement when using selected Microsoft products. The User is answerable for breach of the terms of this agreement directly to Microsoft.
4. The User is obliged to provide the Provider with all required and necessary cooperation and access to the User's system, if necessary for the license audit.
Rights and Obligations of the User, Making Use of Agreed Services
1. The User is entitled particularly:
  1. to make use of the Services provided by the Provider under the conditions set out in these GTCs, not to be interfered with other User or third party or Provider when making use of the Services;
  2. to demand refund of an aliquot part of the Price for a period during which the Services were not provided in case of the Provider’s fault, refunding of which the User shall demand from the Provider at the latest of one month from the suspension of the Service or the User is entitled to prolongation of a period for providing the Service by one day for each suspension in providing the Service caused by the Provider or their subcontractor that lasted more than 5 minutes, unless they agreed otherwise;
  3. to approach the Help Desk with their requests and suggestions,
  4. to choose any domain from the Provider’s offer or from free domains in accordance with relevant rules of the Domain Administrator;
  5. to mediate for third parties provision of the Service only upon the consent of the Provider;
  6. to the provision of complete and true information about facts that might influence the quality and stability of the Services provided by the Provider, namely in a sufficient advance, if such provision of information is possible and expectable regarding the circumstances and situation;
  7. to make use of given data space and access solely for the purpose of placing or updating websites, email servers and other services in line with these GTCs and general legislation.
2. The User particularly shall:
  1. NOT place to the devices of the Provider:
    1. erotic and pornographic content (texts, images, videos and so on);
    2. contents encouraging national, ethnic, religious and racial hatred, spreading and/or encouraging extremism, promoting fascism, communism or other similar ideologies;
    3. content that apparently affects the personal rights of third parties, rights to the protection of personality and/or the good name of a legal person;
    4. data containing warez or referring to servers focused on warez or other focus;
    5. download servers;
    6. software gained illegally for the purpose of its further sale and provision to third parties;
    7. chat servers;
    8. servers focusing on spreading unsolicited e-mails (spam);
    9. servers overloading database systems;
    10. servers containing excessive amount of music and movie files (mp3, mpeg, avi);
    11. servers excessively overloading the line;
    12. servers violating copyright or other intellectual property rights; links and/or data regarding gambling, to which a licence was not issued in accordance with the legislation of the Slovak Republic, which include form of providing forbidden gambling offers, forms of promoting or running gambling games accessible on the territory of the Slovak Republic but without a valid licence in accordance with respective legal provisions.
    13. any servers that can even partially be included into the above-mentioned categories;
    14. links or data violating in any way the laws of the Slovak Republic or good manners.
    15. software that violates the licensing model in a dedicated, virtualized, or third-party cloud environment;
    16. software and technical means for the acquisition and extraction of cryptocurrencies (so-called Mining)..
  2. pay the Price for the provided Service as well as all the fees related to providing the Services in accordance with the Agreement and the Price list, namely based on a tax document (invoice) issued and delivered by the Provider by e-mail or in writing;
  3. not to mediate nor provide Services provided by the Provider to a third party without a the consent of the Provider;
  4. notify Help Desk during the existence of the contractual relationship of:
    1. changes to the contact name within 30 days from such a change at the latest;
    2. all changes to the identification and personal data within 30 days from such a change at the latest;
    3. all facts known to the User that might negatively influence the provision of Services by the Provider without undue delay;
  5. not make use of data space and transfer capacities for the purpose of storage, archiving, backing up files having no connection to the User’s website, nor as a space for transferring data between Users;
  6. not use the Services in a way that might disproportionately limit other Users in making use of such Services, or that might disproportionately limit the Provider otherwise;
  7. make use of the Services in accordance with the laws of the Slovak Republic, with the Agreement and possible directions and instructions by the Provider.
3. The User is aware of their possible criminal liability under Act No. 300/2005 Coll. as amended (Penal Code) for a conduct contrary to the provisions of the stated act.
4. Users are responsible for providing true, correct and complete identification data and personal data which they enter into the Administrative Interface of the Service or into the Invoicing Profile. In case a User enters the data of a third party into the Administrative Interface of the Service or into the Invoicing Profile, the User shall do so only on the grounds of a specific legal relationship with the third party or the User shall obtain a prior consent of the third party to enter their identification data and personal data into the Administrative Interface of the Service or into the Invoicing Profile. Upon the Provider’s request the User shall present proof of the third party’s prior consent.
Consumer’s Withdrawal from the Agreement
1. The User who is a consumer is entitled to withdraw from the Agreement (Order) without stating a reason within 14 working days from the day of its conclusion. The User is not entitled to withdraw from the Agreement, if the Service has already commenced its provision with the User’s explicit consent before the expiry of the withdrawal period. The User who is a consumer may withdraw from the contract by using a form on the Provider’s website: https://www.websupport.sk/reklamacny-poriadok; Despite this provision the User has the right to withdraw from the contract also in other cases which are stipulated in these GTCs.
2. In case the User who is a consumer withdraws from the Agreement under Article 8 paragraph 8.1 of these GTCs, the Agreement shall become null and void. The Provider is obliged to cease providing the Service and to remit the User the Price paid for the Service and to reimburse the advance payment including costs spent with regards to ordering the Service within 14 days at the latest from the moment when such notification of contract withdrawal was received.
Change to the Service, Change of the User of the Service
1. The User is entitled to demand anytime from the Provider change, extension or narrowing of the Service, unless it is a one-off Service already been provided. The Provider is obliged to comply with the request without delay, at the latest to the beginning of the next billing period, if it is not precluded by serious technical, technological or legal obstacles and if the User has reimbursed all the financial obligations towards the Provider.
2. Any changes or amendments to the Agreement or the Order may be conducted via a new Order on the Provider’s website, via the administrative interface of the Service, via phone or email or via the Provider’s Helpdesk or in writing.
3. The User may perform any change to the User’s identification data via the administrative interface of the Service or via a change to the Invoicing Profile. The Provider shall accept the User’s request for a change not later than the commencement of the next billing period provided that no serious technical, technological or legal hurdles occur and that the User’s liabilities towards the Provider are settled.
4. Via the administrative interface of the Service or in writing sent to the Provider’s address, the User may request the Provider to transfer any Service and all rights and obligations pertaining to the Service to another User or a third party acting as Transferee. During the Service transfer the Provider has the right to take action leading to the identification of a person acting on behalf of the User in order to determine whether the person is authorised to act on behalf of the Transferor or the Transferee. The Transferee has to accept the Service transfer in their administrative interface of the Service or in writing sent to the Provider’s address. The Provider shall accept the Transferor’s and Transferee’s request to a Service transfer not later than the commencement of the next billing period provided that no serious technical, technological or legal hurdles occur and that the User’s (Transferor’s) liabilities towards the Provider are settled. If that is not the case the Provider reserves the right to refuse the Service transfer.
5. The Provider is entitled to perform ex parte changes to the GTCs and the Price list. Agreement on changes to the Price list and GTCs is considered as concluded validly at the moment of the first use of the Service during the force of the changed Price list and GTCs. Changes to the GTCs must be announced to the User via e-mail or the administrative interface of the Service. The User must be notified of changes to the Price list only in case of the Price increase and that at the latest at the moment of issuing an invoice for the next billing period. As a proper notification of changes to the GTCs and the Price list is also considered stating the notification on a visible spot on the web site of the Provider and simultaneous sending of the notification of such changes to an e-mail box of the User that shall be stated when concluding the Agreement. Price reduction may only be announced by stating it on the web site of the Provider.
6. Changes to the GTCs or the Price list are considered as announced on the day of the delivery of written or electronic notification to the User. In disputable cases when it is not possible to prove the delivery, changes are considered as announced on the day of sending the notification of changes to the GTCs to the last known address of domicile or registered office or the last known e-mail address that the User stated in the administrative interface of the Service as the contact email address.
7. In case the User does not agree with changes to the GTCs or the Price list, they are entitled to withdraw from the Agreement by delivering written announcement of withdrawal from the Agreement at the latest within 1 month from the day of notification of changes to the GTCs or the Price list. Its effects shall occur on the day of delivering he written announcement of withdrawal from the Agreement to the Provider.
Existence and Termination of the Agreement
1. The Agreement shall be concluded for an unlimited period, unless the contractual parties expressly stipulated otherwise.
2. The Agreement is terminated:
  1. upon the lapse of the period of time for which it was concluded, if it was concluded for a limited period,
  2. by written agreement between the contractual parties,
  3. upon withdrawal,
  4. by a notice of termination,
  5. upon dissolution of the Provider or the User without a legal successor.
3. The User may withdraw from the Agreement, except for cases outlined in Article 8 of these GTCs:
  1. in case of changes to the contractual terms and conditions under paragraph 9, Article 9.5. of GTCs in a period stated therein,
  2. in case the Provider does not repeatedly and after a complaint provide the Services in accordance with the Agreement and these GTCs or the Provider repeatedly provides the Service with significant defects; significant defect means a defect that precludes making use of the Service for a time period that is more than 0,4 % in the relevant billing period;
  3. in case the Provider repeatedly (at least three times) does not eliminate claimed defects of the Service within a determined time period.
4. The Provider may withdraw from the Agreement in case:
  1. identification data or personal data stated by the User in the Agreement or in the Order are proved to be false; it is not considered as a false statement of data when the User omits to notify the Provider of changes to the data;
  2. the User is insolvent, especially upon filing for bankruptcy, upon dismissal of a petition in bankruptcy due to lack of property, upon imposing receivership to the User under special regulation or upon entering into liquidation,
  3. the User breached, even only once, some of the obligations stated in paragraph 7, Article 7.2. Letters a) to c) or repeatedly or in a serious way breached any other obligation under these GTCs;
  4. the User does not reimburse the Price even within an additional period provided by the Provider,
  5. the User violates generally binding regulation or third parties´ rights when making use of the Service.
5. Withdrawal from the Agreement becomes effective on the day of delivering the written announcement of withdrawal from one of the contracting parties to the other. This shall not apply in case of the Provider withdrawing from the Agreement because of a breach of paragraph 7, Article 7.2. letters a), b) and f) and Article 10.4. letters c) to e) of this paragraph of GTCs, where written form is not required for the withdrawal to be valid and announcing withdrawal by any other provable means is sufficient (e-mail, fax, sms message).
6. Either of the contracting parties is entitled to terminate the Agreement concluded for an indefinite period of time, due to any reason or without stating a reason. Termination of the Agreement may be written or sent by e-mail and must always be delivered to the other contracting party. The period of notice is one month and shall commence on the first day of the month following the month the other contracting party provably received the notice.
7. The Agreement concluded for a definite period of time shall terminate upon elapse of the period for which it was concluded, unless the contracting parties stipulated otherwise.
8. The Agreement shall also terminate upon written agreement between the contracting parties.
9. Fiction of delivery. Rejection of receiving the notice or withdrawal from Agreement by the contracting party to which the paper is addressed, as well as an unsuccessful delivery of notice or withdrawal to the address of the contracting party stated in the heading of the Agreement or announced to the other contracting party by means stated in these GTCs, or not collecting the consignment on the post office within the takeover period are also considered as a sufficient delivery. As a delivered e-mail is also considered receiving a receipt displayed on the other contracting party´s computer („Return Receipt – Displayed“) or upon elapse of the 7-day period from the moment of receiving e receipt delivered to the other contracting party´s e-mail box („Return receipt-delivered“). In case of doubts concerning the delivery via e-mail, as a sufficient delivery is considered sending to the last known e-mail address of the contracting party stated in the Agreement (the Order) or in the identification data provided by the User in the administrative interface of the Service
Price for the Service and payment conditions
1. Prices for the provided Service are charged to the User according to the current Price list that is an inseparable part of the Agreement and is stated on the web site of the Provider. The Provider may upon beforehand set out and announced conditions make a decision to provide some or all Services to the User having met such conditions, for a lower price or for free for a certain period of time. There is no legal claim to the User for free provision of the Services.
2. The Provider is entitled to change the Price amount and pricing. The Provider is obliged to notify the User of every Price increase, upon Article 9.3. of GTCs in writing, via e-mail or by stating it on the web site of the Provider upon Article 9.4. of these GTCs.
3. Billing period is a calendar month, unless agreed or stated in the Price list otherwise. The Provider is entitled to provide the User with a discount of a monthly price in case the User pays the price for several billing periods in advance or for the whole calendar year.
4. The Provider is entitled to issue the User an invoice with requirements of a tax document and with itemisation of particular charged acts in advance for agreed billing period (one month, one year).
5. Invoice due date is 14 calendar day from the day of its delivery to the User, unless contracting parties agreed otherwise.
6. The User is obliged to reimburse all the payments for the Service by a cashless transfer to the account of the Provider, to the due date stated on the invoice, unless the contracting parties expressly agreed otherwise. The invoice is considered as reimbursed on the day the payment has been credited to the account of the Provider, otherwise the User is in default.
7. 11.7. The Provider is entitled to charge the User contractual default interests in the amount of 0,1 % of the price of the Service for each commenced day of default.
8. 11.8. The User is entitled to the refund of an aliquot amount of the Price for the period of the Service being not provided upon Article 7.1. Letter b) of these GTCs, in case of the fault of the Provider, except an inevitable period of suspension in providing the Service in reasonable cases upon Article 5.3. letters a), h) and i) of these GTCs. The User must demand from the Provider the refund of an aliquot amount of the Price at the latest three months after the day of suspension in providing the Service. In case the non-providing of the Service occurred even partly by the Provider´s fault, even out of negligence, the User is entitled only to the aliquot amount of the Price depending on the extent of the fault. In case the non-providing of the Service occurred fully by the User´s default, the User is not entitled to refund of any amount of the Price.
9. 11.9. Part of the Price to be refunded shall be calculated as a part of the monthly fee multiplied by a sum of lengths of such periods in a billing period rounded to whole hours upwards. The Provider may instead of refund of an aliquot amount of the Price prolong prepaid period for providing the Service by one day for each suspension in providing the Services by the fault of the Provider or their subcontractors that took more than 5 minutes, if the suspension took longer than 0,4 % of a total period of providing the Services in the relevant billing period.
10. The User is obliged to reimburse all the charged payments even in case the Services have been made use of by parties different from the User. In case of an unauthorised making use of the Service by parties different from the User, the User is obliged to reimburse all the charged payments up to the day of limitation of provided Services by the Provider based on the notification of a misuse of the Services by the User, the Provider is obliged to limit providing the Service without undue delay after the notification.
Exercising Liability for Defects of the Provided Service – Complaint
1. Procedure on claiming the complaints concerning the Service provided by the Provider is set out in the Complaints Policy of the Provider. The Complaints Policy is stated on the web site of the Provider and it is placed on a visible spot at the registered office of the Provider.
2. Help and support provided by the Provider to the User based on their help request by a phone, chat or by any other on-line means is not considered as a complaint.
3. In case the User who is a Consumer is not satisfied with the way the Provider processed their Complaint or if the User has the impression of their rights being violated, the User may request the Provider to make amends.
4. In case the Provider either rejects the User’s appeal, which is in line with Article 12.3 of this paragraph, or fails to reply within 30 days from the day of posting, the User who is a Consumer has the right to submit a request for an alternative dispute resolution in accordance with § 12 Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution.
5. In accordance with paragraph 12.4 of these GTCs the competent authority for alternative dispute resolutions with the Provider is either the Slovak Commercial Inspection (Slovenska obchodna inspekcia) or another authorised legal person from the list of authorities for alternative dispute resolutions managed by the Ministry of Economy of the Slovak Republic (the list is available online at the Ministry’s website: http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov).
6. In case there are more competent authorities for alternative dispute resolution in line with paragraphs 12.4 and 12.5 of these GTCs, the User-Consumer has the right to choose whichever authority for alternative dispute resolution. For alternative dispute resolution the User who is a Consumer may make use of the online platform for dispute resolutions, which is available at http://ec.europa.eu/consumers/odr/.
7. Liability for defects of the Service provided by the Provider to the User who is not a consumer is governed by the provisions of the Commercial Code, with the exception of special arrangements in the Order, the provisions of this article of these GTC, which take precedence over the dispositive provisions of the Commercial Code.
8. Special provisions on the Provider's liability for defects in the Server and Cloud Services:
  1. In case of demonstrable unavailability of the Service noticed by the User, he may request a refund from the Provider.
  2. The Provider evaluates each request of the User for a refund separately and in case of insufficient proof of unavailability by the User, the Provider has the right to reject the complaint.
  3. The availability of the Service means the uninterrupted operation of the Services provided by the Provider. The Provider is responsible for the hardware, network and infrastructure for the operating system that is provided to the User. The Provider is not responsible for updating, operating and managing the operating system, applications and data. These are operated by the User and he shall also be responsible for them.
  4. The unavailability of the Service is not:
    1. planned outage, service intervention or maintenance of the Service by the Provider,
    2. unavailability of service management using the Service Administration Interface or Another Service Interface;
    3. failure of connectivity and services, which is out of reach of the Provider, especially in the case of network and application attacks (eg DDOS type).
  5. For the Dedicated Server service, the Provider assesses the following availability factors, which are taken into account: availability of network connectivity; availability of electricity; physical server functionality (damage to components that will disable its operation).
  6. For the Virtual Server service, the Provider assesses the following availability factors, which are taken into account: availability of network connectivity; availability of electricity; virtualization operation.
  7. Only outages of availability lasting more than 10 minutes continuously are included in the total unavailability of the Service in one calendar month.
9. Special conditions of refund with the Provider's liability for defects of the Server and Cloud Service:
  1. The User's right to a refund pursuant to clause 12.9.1 of these GTC is not automatic, but is subject to the Provider's assessment according to the circumstances of the case and if the conditions pursuant to clause 12.9 of these GTC are met, upon a written or telephone request from the User.
  2. The User is obliged to submit an application pursuant to clause 12.9.1 no later than 14 days after the recorded unavailability of the Server and Cloud Service.
  3. The User is obliged to state in the application the exact time interval when the unavailability of the Service occurred, or even when the unavailability of the Service ended.
  4. In case of complex solutions, the refund applies only to a specific Customer server, or more precisely part of the solution, not the whole.
  5. The Provider shall provide a refund to the User in the form of a credit in the User's Invoicing Profile.
  6. In case of the Service assessed as unavailable, the Provider shall provide the User with a refund in the following amount:
    1. for the Dedicated Server Service, 4% of the monthly price for the Service for each completed hour of unavailability, however, up to the amount of the monthly fee for the Service;
    2. for the Virtual Server Service, 10% of the monthly price for the Service for each completed hour of unavailability, however, up to the amount of the monthly fee for the Service.
Collecting information on Users, Personal Data Protection
1. By signing an Agreement or by sending an Order the User, who is a natural person, shall thereby confirm that personal data provided by them are accurate and true. The data include: name, surname, place of residence, email address, phone number, IP address, date of birth and identification document number. The legal basis for the processing of disclosed personal data is the following:
  1. processing of personal data is necessary in order to comply with the obligations as laid down in the Agreement, to which the User is a contracting party, or in order to take measures before concluding an Agreement based upon the User’s request pursuant to the provisions under Article 6 paragraph 1.b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter as GDPR);
  2. processing of personal data is necessary for compliance with a legal obligation to which the controller is subject pursuant to point (c) of Article 6 (1) of the GDPR; and
  3. processing of personal data is necessary for the purposes of legitimate interests pursued by the Controller.
2. The Controller collects, stores and via other processing operations processes User’s personal data for the following purposes:
  1. compliance with legal obligations, mainly for accounting (name, surname, place of residence, date of birth);
  2. domain registration and other activities indivisibly connected to the ordered and offered Service (name, surname, place of residence and with some registrators also date of birth and identification document number);
  3. communication with the User at a later stage regarding the provided Service (name, surname, place of residence, date of birth, phone number, email address); and
  4. direct marketing of Services, sending information regarding products also by electronic means (email, phone number, IP address).
3. The User shall be fully liable for damage caused by inaccurate and out-of-date personal data.
4. The Provider shall be empowered to process personal data above the scope or purpose, as defined in paragraph 13.1 and 13.2 of these GTCs, and when the processing of these personal data is not compatible with the legal base, as set out in paragraph 13.1 of these GTCs, only on the grounds of:
  1. the User’s prior voluntary consent and to a previously set purpose, extent and period. The User is entitled to revoke such a given consent in writing anytime. Revocation of consent shall become effective on the day of its delivery to the Provider; or
  2. compliance with generally binding legal obligations or with a decision of a public authority.
5. The Provider shall not process and provide personal data beyond the extent inevitable for the operation and functioning of ordered Services. For the purposes of offering Services personal data shall not be provided to any third parties with the exception of products the description of which clearly states otherwise. In such a case the Provider shall agree within the contractual relationship with the third party on the protection of personal data pursuant to valid legal provisions, mainly GDPR, Personal Data Protection Act, and at the same time, the Provider shall inform the User that disclosing personal data to a third party is necessary for the performance of the Agreement otherwise deeming it impossible to provide the Service.
6. In cases where the choice of the recipient of personal data lies with the Controller, the Controller is obliged to always ensure that a high standard of personal data protection for the data subject is guaranteed.
7. Personal data of the data subject may be processed within the member states of the European Union and in countries which are a contracting party to the Agreement of the European Economic Area. Personal data may be transmitted only to third countries, whose legal regimes the European Commission deems competent to provide an adequate level of personal data protection.
8. Recipients of personal data that are processed by the Provider can be divided into the following categories:
  1. business partners providing physical and program IT services for the Provider, mainly information systems, computer programs and servers necessary for the provision of Services.
  2. business partners providing advertising and marketing services for the Provider,
  3. business partners ensuring compliance with the Provider’s obligations in the areas of legal services, personnel management, taxes, audits and accounting.
  4. registration authorities that are necessary in order for the Provider to conduct business,
  5. public authorities in cases when the Provider is obliged to disclose personal data in compliance with generally binding legal obligations or with a decision of a public authority (mainly courts, law enforcement authorities, court enforcement officers).
9. The Provider is not entitled to interfere in the content of the User’s internet presentations or to monitor or store User’s emails, except when performing regular backups for the User in accordance with their Order.
10. The Provider undertakes to take all steps towards the highest personal data protection of the User, as well as towards protection of all data, database and email files of the User in order to prevent their loss, damage, destruction or any other unlawful processing.
11. In relation to the User’s clients the Provider shall take the role of a Controller under Article 28 of the GDPR. Therefore, the Agreement between the Provider and the User shall comply with the following:
  1. The Provider shall not entrust the processing of personal data to another Controller without the User’s prior individual written consent. In case the User’s written consent has been provided, the Provider shall impose in a contract or by another legal act the same obligations regarding personal data protection onto the next Controller as is set out in this Agreement, whereas the liability towards the User rests with the Provider if the next Controller fails to comply with their obligations regarding personal data protection.
  2. The Provider shall process personal data only for the purposes of providing Services.
  3. The Provider shall process personal data during the whole period of validity and effectiveness of the Agreement between them and the User.
  4. The Provider shall process personal data in the same scope as the User. The User may limit the scope of processed personal data.
  5. Data Subjects are the User’s clients.
  6. The Provider is entitled to perform only processing operations with personal data that are necessary in order to fulfil the purpose of processing, mainly: collection, organization, storage and destruction.
  7. The Provider shall process personal data only to the extent necessary in order to fulfil the purpose of processing and only in line with the terms and conditions of this Article of the GTCs, or upon receipt of the User’s written instructions and also in cases when personal data is being transferred to a third country or to an international organization. In case of a personal data transfer to a third country or to an international organization based on specific regulations or an international agreement, by which the Slovak Republic is bound, the Provider shall inform the User of such a request before processing personal data, provided that a specific regulation or an international agreement, by which the Slovak Republic is bound, does not prohibit such notice due to reasons of public interest.
  8. The Provider shall ensure the protection of processed personal data against damage, destruction, loss, change, unauthorised disclosure and access, against making them available or public and against other unlawful methods of processing.
  9. The Provider declares that they guarantee the safety and security of processed personal data and take technical and organisational measures in order to ensure the protection of the User’s clients’ rights and of their personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed while taking into account the nature, extent, context and purpose of personal data processing and the risks that may disrupt the safety and security of personal data protection and their relevance.
  10. The Provider shall not disclose personal data to third parties or use personal data to other than the agreed purpose, nor misuse personal data for their own gain or the gain of a third party or handle personal data in breach of this Article of these GTCs.
  11. The Provider and their employees shall be bound by secrecy concerning personal data of the User’s clients. Personal data shall not be used for personal needs nor be published, disclosed, made available or be otherwise unlawfully processed. They shall be bound by secrecy also after the termination of the Agreement. The Provider is also responsible for other persons authorised by the Provider to be subject to the obligation of secrecy, as well as for other external associates and persons authorised by the Provider.
  12. The Provider shall ensure that collected personal data is processed in a way that enables to identify the User’s clients only during the period necessary for fulfilling the purpose of processing.
  13. The Provider shall cooperate and enhance synergies with the User when complying with the User’s obligations, react to the User’s clients’ requests when the clients exercise their rights under the provisions of Chapter III of the GDPR, including the obligation to inform the User regarding every written request to access that eventually will be submitted to the Provider in relation to the User’s obligations under the GDPR, Act no. 18/2018 Coll. on the Protection of Personal Data as amended (hereinafter referred to as the Personal Data Protection Act) and other related provisions.
  14. The Provider shall cooperate and enhance synergies with the User when complying with the obligations as laid down in the provisions of Articles 32 to 36 of the GDPR, namely:
    1. maintain security of processing;
    2. notify a personal data breach to the Personal Data Protection Office of the Slovak Republic and to data subjects if necessary;
    3. carry out a data protection impact assessment concerning the impact of processing of personal data on their protection if necessary;
    4. Personal Data Protection Office of the Slovak Republic should be consulted of the intention to start processing personal data, where a data protection impact assessment indicates that the processing would, in the absence of the User’s security measures to mitigate the risk, result in a high risk;
  15. The Provider shall make available to the User all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits including inspections conducted by the User or another auditor mandated by the User.
  16. The Provider shall immediately inform the User if, in their opinion, the User’s instruction infringes the GDPR, the Personal Data Protection Act, a specific provision or international agreement, by which the Slovak Republic is bound and which concern personal data protection.
  17. The Provider is obliged to erase or return personal data to the User and delete existing copies, which contain personal data, when the Agreement is terminated and no longer effective, unless a specific provision or international agreement, by which the Slovak Republic is bound, require to store these personal data.
12. Pursuant to Article 13 of the GDPR the Provider provides to the User as a Data Subject with the following information:
  1. Provider’s identification data: WebSupport s.r.o., Address: Karadžičova 12, 821 08 Bratislava, Company ID No 36 421 928, registered with the Commercial Register of the District Court Bratislava I, insert no.: 63270/B; E-mail: helpdesk@websupport.sk or tel.: +421-2-20608080;
  2. Data protection officer’s contact data: Vojčík & Privacy, s.r.o., Address: Rázusova 28, 040 01 Košice, e-mail: privacy@vojcik.eu, tel.:+421556230111;
  3. The purpose as well as the legal base for processing personal data is outlined in paragraph 13.1 of this Article;
  4. The list of personal data is outlined in paragraph 13.1 of this Article;
  5. In special cases when it is necessary for the provision of Services to disclose personal data to a third party or transfer personal data to a third country, the Provider shall inform the User thereof.
  6. The Provider shall store personal data during the entire period when providing Services.
  7. The User has the right to request from the Provider access to personal data regarding a Data Subject, furthermore the User has the right to have personal data corrected, the right to erasure of personal data, the right to restriction of personal data processing, the right to object to processing of personal data as well as the right to data portability.
  8. If suspicious that their personal data is unlawfully processed, the User may bring proceedings on personal data protection before the Personal Data Protection Office of the Slovak Republic in accordance with § 100 of the Personal Data Protection Act.
  9. It is necessary for the User to provide personal data as set out in paragraph 13.1 in order to enter into an Agreement and to be provided Services.
13. Information regarding the Rights of Data Subjects - Users: Pursuant to Articles 15 to 22 and Article 34 of the GDPR a person disclosing personal data (Data Subject – User) has the following rights:
  1. Right of access to personal data under Article 15 of the GDPR: data subject shall have the right to obtain from the Provider confirmation as to whether or not personal data concerning him or her are being processed. Where that is the case, the Data Subject shall have the right to access the personal data and the following information as set out on paragraph 13.8:
  2. Right of rectification of personal data under Article 16 of the GDPR: Data Subjects shall have the right to obtain from the Provider without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the Data Subject shall have the right to have incomplete personal data completed.
  3. Right to erasure personal data under 17 of the GDPR: The data subject shall have the right to obtain from the Provider the erasure of personal data concerning him or her without undue delay when Data Subjects exercise their right to erasure if:
    1. personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
    2. the Data Subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;
    3. the Data Subject objects to the processing and there are no overriding legitimate grounds for the processing, or the Data Subject objects to the processing for direct marketing purposes,
    4. personal data have been unlawfully processed
    5. personal data have to be erased for compliance with the GDPR, the Personal Data Protection Act, a specific provision or an international agreement, by which the Slovak Republic is bound,
    6. personal data have been collected in relation to services offered by an IT company.
  4. Right to restriction of processing of personal data under Article 18 of the GDPR: The Data Subject shall have the right to obtain from the Provider restriction of processing where one of the following applies:
    1. the accuracy of the personal data is contested by the Data Subject, for a period enabling the Provider to verify the accuracy of the personal data;
    2. the processing is unlawful and the Data Subject opposes the erasure of the personal data and requests the restriction of their use instead;
    3. the Provider no longer needs the personal data for the purposes of processing, but they are required by the Data Subject for the exercise of legal claims;
    4. the Data Subject has objected to processing pending the verification whether the legitimate grounds of the Provider override those of the Data Subject.
      
      The Provider shall inform a Data Subject, who has obtained restriction of processing, before the restriction of processing is lifted.
      
      Under Article 19 of the GDPR the Provider shall inform the Data Subject upon their request about those recipients, to whom the Provider communicated any rectification or erasure of personal data or restriction of processing.
  5. Right to data portability under Article 20 of the GDPR: The Data Subject shall have the right to receive the personal data concerning him or her, which he or she has provided to the Provider, in a structured, commonly used and machine-readable format and shall have the right to transmit those data to another Controller.
  6. Right to object to personal data processing under Article 21 of the GDPR: The Data Subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her on a legal basis due to the fact that the processing of personal data is necessary for the performance of a task carried out in the public interest or on the grounds of legitimate interests of the Provider or a third party, including profiling based on those provisions. The Provider shall no longer process personal data unless the Provider demonstrates compelling legitimate grounds for the processing which override the interests or rights of the Data Subject or for the exercise of legal claims. The Data Subject shall have the right to object at any time to processing of personal data concerning him or her for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
    
    Under Article 22 of the GDPR the Data Subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
    
    Under Article 34 of the GDPR the Provider shall communicate the personal data breach to the Data Subject without undue delay when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.
14. Information to be provided to the Data Subject
  Under Article 13 of the GDPR and information provided in line with Articles 15 to 22 and Article 34 of the GDPR the Provider shall provide information, which relate to the processing of personal data, to the Data Subject upon their request.
  
  The aforementioned information shall be provided in writing, or by electronic means, typically in the same way as the request was submitted. When requested by the Data Subject, the information may be provided orally provided that the identity of the Data Subject is proven by other means. The Provider shall facilitate the exercise of data subject rights under Articles 15 to 22 of the GDPR.
  
  In line with this point of this Article the Provider shall provide information on action taken on a request without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months, and where necessary, repeatedly, taking into account the complexity and number of the requests. The Provider shall inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for the delay.
  
  Information under this point of this Article shall be provided free of charge.
  
  Where requests from a Data Subject are manifestly unfounded or excessive, in particular because of their repetitive character, the Provider may either charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested or refuse to act upon the request.
15. Restrictions to the Rights of Data Subjects
  Pursuant to Article 23 of the GDPR and in connection with § 30 of the Personal Data Protection Act, the Provider shall inform the Data Subject of restrictions to their rights unless the purpose of restriction is not threatened.
Choice of Law, Dispute Settlement
1. All rights and obligations of the contracting parties based on the concluded Agreement shall be governed by Slovak law regardless of the legal nature of the contracting parties and of their domicile.
2. The legal relations (rights and obligations) between the Provider and the User being an entrepreneur and acting within the scope of their business or other entrepreneurial activities that are not regulated by these GTCs, shall be governed by the provisions of the relevant legislation, particularly by Act No. 513/1991 Coll. Commercial Code as amended and by Act. No. 22/2004 Coll. on Electronic commerce and amending the Act No. 128/2002 Coll. on State supervision of the internal market in consumer protection matters and amending some acts as amended by Act No. 284/2002 Coll. (hereinafter referred to as „Act on Electronic commerce“) .
3. The legal relations (rights and obligations) between the Provider and the User as a Consumer that are not regulated by these GTCs shall be governed by the provisions of the relevant legislation, particularly by Act No. 40/1964 Coll. Civil Code as amended, by Act No. 250/2007 Coll. on Consumer Protection and amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences as amended, by Act no. 108/2014 Coll. on Consumer Protection at the Provision of Goods or Services based on Distance or Off-Premises Contracts and on amendments to certain laws and by Act No. 22/2004 Coll. on Electronic commerce as amended.
4. The contracting parties have agreed that in case any dispute occurred concerning the legal relation stemming from the Agreement concluded between the parties and from legal relations stemming thereof and related thereto, each of the contracting parties is entitled to seek protection of their claims at a general court of the Provider under relevant provisions of Act No. 160/2015 Coll. Civil Procedure Code as amended. This shall not prejudice the right of the User who is a Consumer to seek alternative means of consumer dispute resolution pursuant to Article 12, paragraphs 12.3 to 12.6 of these GTCs.
Liability of the Contracting Parties
1. The subject of the Services of the Provider shall not be checking the User’s web site contents. The Provider is not liable for web site contents made available and public based on the provision of the Services of the Provider under these GTCs to the Users. The User is not liable for activities of the Provider, unless such activity has been performed on request, order or in the interest of the User. Such request or order may be performed in writing, electronically via administrative interface of the Service, e-mail, phone or by any other similar provable means.
2. Each of the contracting parties is liable only for real damage on tangible assets that occurred provably by fault of the contracting party to the other contracting party, while the User is liable also for real damage on tangible assets of the Provider caused by a third party that the User enabled to cause such damage, in accordance with the provisions of the Commercial Code and the Civil Code.
3. Possible occurred damage, for which the Provider is liable, may be equalised or reduced by providing the Service that is worth the amount of damage occurred.
4. The Provider is not liable for damage or lost profit that occurred to the User or third parties because of suspension in providing the Services according to the Agreement, the Order or GTCs.
5. The Provider is not liable for damage caused to the User by a third party who violently or by making use of errors in User´s applications or settings broke through www site of the User and thus caused damage or copied, changed or deleted saved data of the User. The Provider is also not liable for damage caused by a third party who without fault of the Provider gained unauthorised access to a computer system, other data carrier or its part and by inputting, transferring, damaging, deleting, decreasing quality, changing or suppressing computer data counteracts functionality of a computer system or creates unauthentic data with the intention of using them as authentic or to be handled as authentic for legal purposes, not even in case such conduct constitutes a criminal offence under the Penal Code.
6. The contracting party is obliged to reimburse proved damage within 30 calendar days from the day it was proved by a cashless transfer to the other contracting party´s account, unless the contracting parties agreed otherwise.
7. Liability of the Provider for contents of transferred information is regulated by § 6 of Act on Electronic commerce.
8. The Provider is liable for damage and lost profit caused to the User up to a maximum of 12 times the price of the Service to which the Provider's liability for damage relates. By concluding a contract with the Provider, the User agrees that the Provider is not obliged to compensate the User for damage and lost profit, which in total exceeds this agreed maximum amount.
Communication between the contracting parties
1. Communication between the contracting parties shall firstly take place electronically via the administrative interface of the Service or via e-mails (orders, requests for changes, payment receipt, activation information, sending proforma invoices etc.).
2. Notifications concerning facts, based on which either of the contracting parties shall exercise their claims, must be performed in a way set out in these GTCs and provably announced or delivered to the other contracting party in writing. Common notifications may be also announced to the contracting party orally or over the phone. The administrative web interface of the Service shall always be available via a specific webpage of the Provider.
3. The Provider is not liable for any suspensions in providing the Service or any other risks stemming from incorrectly or out-of-date typed data (for example failing to deliver proforma invoices to an incorrectly set contact e-mail address or non-existing e-mail address). On a regular basis Users shall check whether their contact e-mail addresses are functional.
4. The User is obliged to state the correct variable symbol of the payment at the reimbursement. Otherwise the Provider is not obliged to provide the Service considering the impossibility to identify the payment. The Provider shall return unidentified payments to the account of the orderer, as long as the counteraccount is available. In case that within the period of 14 days from reimbursement the invoice was not established as “PAID” in the administrative interface of the Service, the User must notify the Provider of reimbursement and must provide them with information for successful identification of the payment (date of reimbursement, account number, bank of the orderer).
Common Provisions
1. Rights and Obligations of the User and the Provider shall be governed by the Agreement (Order), these GTCs and the Price list. The properties and scope of the Services provided by the Provider to the User are governed by the Provider's Offer presented on the Provider's website, these general conditions and any individual contractual arrangements in writing.
2. The Agreement shall become valid and effective as of the day of its signature by both contracting parties, unless it is stipulated in the Agreement otherwise. The Order shall become valid and effective as of the acceptance by the Provider and of reimbursing proforma invoice for the Services by the User. Crediting the payment to the account of the Provide is considered as a reimbursement.
3. Separability. The invalidity of a certain provision of the Agreement or GTCs shall have no effect on the validity of any other provision of the Agreement or GTCs, if such provision is separable. The contracting parties hereby undertake, if necessary, to replace invalid provisions without undue delay with a provision closest to the purpose of the invalid provision in terms of the content and the purpose.
4. Entirety of the Agreement. The Agreement constitutes an entire agreement between both contracting parties as to the subject of the Agreement and it shall replace all the previous agreements, promises, notifications, statements or guarantees, in written or oral form related to the same Agreement, unless the contracting parties stipulated in writing otherwise.
5. Relation of the Agreement and GTCs. In case contractual provisions between the contracting parties stated in the Agreement (Order) shall be contrary to the provisions of GTCs, provisions of the Agreement shall apply prior to the provisions of GTCs. As long as the User and the Provider conclude written Agreement, their rights and obligations shall be governed by the provisions of these GTCs only in the extent that is set forth in the Agreement otherwise.
6. Agreements shall be archived at the Provider´s in an electronic form and they shall be available to the User upon their request. Agreements concluded after 01.01.2011 shall be also archived on the web site of the Provider in the administration interface of the Service secured by user name and password. These shall be available to the User in the field „Services“ by typing user access name and password into the system.
7. The authority for consumer protection surveillance is Slovak Trade Inspection, Inspectorate of STI for Bratislava district seated at Prievozská 32, P.O.Box 5, 820 07 Bratislava.
Transitional Provisions for the Registration of “.sk” Domains
1. On the 1st of September 2017 new Rules for the Provision of Domains in the highest-level “.sk” Domain entered into force and were issued by the “sk” domain administrator SK-NIC (hereinafter referred to as “New SK-NIC Rules”). These New SK-NIC Rules provided for a transitional period from the 1st of September 2017 till the 1st of November 2017 (hereinafter referred to as “Transitional Period”), within which the Provider and each User shall align their provided and received Services with the New SK-NIC Rules.
2. Rights and obligations of the Provider and the User of a second-level “.sk” domain, which was registered on behalf of and for the account of the Provider with prerogative user rights for the User pursuant to Article 2 paragraph 2.3 of these GTCs valid until the 31st of August 2017, shall be managed during the Transition Period by the GTCs valid until the 31st of August 2017, first and foremost by Article 6, paragraphs 6.7 to 6.11 of these GTCs valid until the 31st of August 2017.
3. Regarding the Service for registration of second-level “.sk” domains on behalf of and for the account of the Provider with prerogative user rights for the User, the User shall provide or complement data in the administrative interface of the Service till the 30th of September 2017, as such data are necessary and required for identification in accordance with the New SK-NIC Rules in order to execute a transfer of domain ownership from the Provider to the User or to a third party in line with Article 9, paragraph 9.4 of these GTCs. Other User or third party shall accept the transfer of domain ownership as a transferee within the same period. The User shall have responsibility for the completeness and accuracy of the User’s or third party’s personal identification data, based on which the transfer of domain ownership and its registration in SK-NIC shall occur. In case the User provided registration data to the second-level “.sk” domain in the past but failed to update them till the 30th of September 2017 in order for them to correspond to the real use of the domain, the Provider is entitled to transfer the domain ownership to the User with identification data that are provided in the administrative interface of the Service by the 30th of September 2017.
4. In case the User fails to fulfil their duty pursuant to paragraph 18.3 of this Article within the period stipulated therein, without delay after the period has expired the Provider is entitled to suspend the provision of Services and block the “.sk” domain, moreover, the Provider shall inform the User via e-mail sent to an address, which the User provided in the administrative interface of the Service. In case the User fails to fulfil their duty even until the 31st of October 2017 in accordance with paragraph 18.3, the Provider is entitled to terminate the domain registration period by submitting a unilateral request addressed to SK-NIC in accordance with Article 4, paragraph 4.5, point 4.5.1 of the New SK-NIC Rules. In such cases Users are not entitled to a proportional refund of the paid amount from the Provider for the Service of domain registration for the period up till the termination of the pre-paid period.
5. After the Transitional Period has expired, it is no longer possible nor admissible to register second-level “sk” domains on behalf of and for the account of the Provider with prerogative user rights for the User.
Final provisions
1. The Agreement and these GTCs are executed and concluded in Slovak language. In case they are signed in a foreign language version, Slovak version shall take precedence.
2. Natural person concluding the Agreement on behalf of a legal entity as the User, shall be personally liable for all legal consequences and caused damage, if they were not authorised to act on behalf of the User – legal entity, or if Commercial Code valid in Slovak republic stipulates otherwise.
3. General Terms and Conditions shall become valid and effective on 1st of October 2007.
4. These General Terms and Conditions constitute the entire version with amendments from the 1st of September 2011, the 1st of December 2011, 1st of August 2012, 1st of June 2014, 22nd of August 2017 ,1st of May 2018 and from the 1st of February 2019. The full wording of the General Terms and Conditions shall become effective on the 10th of November 2020.

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Terms and conditions

General terms and conditions for webhosting services, domain registration and other related services (hereinafter referred to as „GTCs “)

General Provisions

Services Specification

Definitions

Concluding the Agreement, the Subject of the Agreement

„Webhosting“ Service Specification, Rights and Obligations of the Provider

„Second-Level Domain Registration“ Service Specification

Content of the Server and Cloud Service

Special rights and obligations of the Provider and the User in the provision of the Server and Cloud Service:

License rights and obligations of the Provider and the User in the provision of the Server and Cloud Service:

Rights and Obligations of the User, Making Use of Agreed Services

Consumer’s Withdrawal from the Agreement

Change to the Service, Change of the User of the Service

Existence and Termination of the Agreement

Price for the Service and payment conditions

Exercising Liability for Defects of the Provided Service – Complaint

Collecting information on Users, Personal Data Protection

Choice of Law, Dispute Settlement

Liability of the Contracting Parties

Communication between the contracting parties

Common Provisions

Transitional Provisions for the Registration of “.sk” Domains

Final provisions

General terms and conditions for webhosting services, domain registration and other related services
(hereinafter referred to as „GTCs “)