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ServerAstra General Terms and Conditions  Ispiši članak

ServerAstra Ltd. Co.

General Terms and Conditions of Services

By signing up for and/or otherwise accessing any of the services or products offered by ServerAstra Ltd. (hereinafter: Provider) you (hereinafter: Customer) agree to be bound by the terms of this Agreement. These Terms and Conditions supersede all earlier versions.

Please read these terms and conditions carefully and thoroughly, as they describe your legal rights and obligations.

Annexes listed in section IV. are an integral part of this agreement and are required to be interpreted, distributed, executed and/or signed with the contract.

I. General Provisions

I.I. The scope of this Agreement

This agreement shall become effective as of the date of (1) your electronic signature or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from the Provider confirming your order, whichever happens first.

This Agreement is effective for an undetermined term.

You may take obligation for 1 year loyalty time contract, in which case you get discounted fee.

Either you or the Provider may terminate this Agreement (and your access to your account) at any time with 30 days written notice, or

The Provider may terminate this Agreement or suspend your account with no prior notice for a breach of this Agreement.

I.II. The subject of this Agreement

Regulation of relationship between the Provider and the Customer in case of dedicated server services, co-location services, virtual private server (VPS) services, cloud and web-hosting services.

I.III. Rights and obligations of the Contracting Parties

I.III.A./ Rights of the Provider

Regarding the provision of the present GTCs and the SLA the Provider is entitled particularly:

  1. to handle the data of the Customer in line with the relevant legal laws and regulations during the contracting period, after the contract is terminated the Provider is entitled to save the data for purposes set out in the Privacy Policy (https://serverastra.com/docs/Privacy-Policy) available at our website (the contract is an accountancy voucher).
  2. to suspend the provision of the Service temporarily or to terminate the contract with immediate effect and without any previous notification, in case the Customer breached obligations under the Agreement or these GTCs, especially when they failed to pay agreed Price in due period or when they breached obligations of this Agreement;
  3. to remove from their devices any data concerning the Customer and the Customer's domain, in case the Customer repeatedly or seriously breached their obligations under the Agreement or these GTCs;
  4. to restrict temporarily reserved disk space for the Customer, transfer speed for the Customer or other Customer's activities to a level defined in the SLA, in case previous Customer'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 Customers;
  5. to transfer of contractual rights and obligations of this Agreement to a third party at the same time with notice toward to the Customer;
  6. 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 Customer, unless establishing such protection creates additional costs to the Customer or unless the Customer agreed with these additional costs or asked for such establishment of additional protection of the Service;
  7. to change a time period for which invoices (tax documents) shall be issued to the Customer on a regular basis (hereinafter referred to as "the billing period");
  8. 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 Customer;
  9. if consented by the Customer, to inform the Customer about products and development 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), please see our Privacy Policy https://serverastra.com/docs/Privacy-Policy) for further information on how and why we send such emails to our Clients;
  10. to ex parte diversify or change the functional or technical specification of the Service or refine the Customer's 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 the Customer's comfort when using the Services;
  11. to suspend or restrict providing the Service without any previous notification in justified cases, especially in case of violation of these Terms and Conditions or during planned maintenance, technical inspections, revisions, repairs of technical devices through which the Service is provided or because of power blackout, cases of emergency, terrorist attacks, epidemics and in other force majeure cases;
  12. to refuse to provide the Service to the Customer, if the provision of the Service was temporarily suspended before or if the Provider or another provider doing business in the same field withdraw from the contract for repeated or serious obligation default by the Customer;
  13. to conclude an out-of-court settlement or other settlement with a third party;
  14. to surrender the domain in favour of a third party, i.e. to transfer the domain to a person who made a lawful claim;
  15. to transfer the domain to any other third party at their discretion,
  16. to take other measures or to deal with the domain otherwise so that no damage could occur to the Provider;
  17. to withdraw from the Agreement with immediate effect, to terminate the Services immediately and to enforce his compensation claim in a legal way for the losses and injuries caused by the Customer, if the Customer places prohibited content on the devices of the Provider and/or uses the Services to distribute, support or accommodate prohibited content (see I.III.D. article). In the case, regulated in the present paragraph, the Customer does not get fee refund and is fined Terms of Service violation fine of €100 and clean-up fee of €50;
  18. to provide the Customer with a discounted fee or a preferential tariff in return the Customer undertakes contractual loyalty time
  19. to provide the Customer with a discounted fee or a preferential tariff beyond the contractual loyalty time.

The Provider does not knowingly provide or offer services to anyone under the age of 18. The Provider has the right to cancel and terminate services and withdraw from the Agreement with immediate effect at any time if the Provider possesses irrefutable evidence that the Customer is under the age of 18.

I.III.B./ Obligations of the Provider

The Provider is obliged

  1. to provide the Customer with help and technical support via Help Desk. (Help Desk means a Customer care centre that exercises all the requirements and notifications of the Provider concerning the provided Service towards each Customer, it provides the Customer with technical support and accepts his warranties, complaints, requests and other claims.)
  2. via Help Desk to respond to the Customer's request within 15 days and to give suggestion for a solution.
  3. to ensure Service functionality;
  4. to update the software on a regular basis to upkeep the functionality and safety of Service;
  5. to take precautions to lower or entirely eliminate any possible failures in the Service provision;
  6. 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");
  7. to inform in advance about planned Service disconnection on their web site, possibly by e-mail or by any other proper means to notify concerned Customers thereof;
  8. to meet other obligations as follows from the Agreement and these GTCs;
  9. to notify the Customer without undue delay at least 24 hours in advance of any possible foreseeable 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.

I.III.C./ Rights of the Customer

The Customer is entitled particularly:

  1. to make use of the Services provided by the Provider under the conditions set out in these GTCs, and not to be interfered by another Customer or third party or the Provider when using the Services;
  2. to contact the Help Desk with their requests, complaints and suggestions,
  3. to choose any domain from the Provider's offer or from free domains in accordance with relevant domain registration rules;
  4. 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 expected regarding the circumstances and situation;

I.III.D./ Obligations of the Customer

1. The Customer is obliged to provide the following data to the Provider:

  1. if the Customer is a natural person: his full name, his permanent address, his postal address if it is not the same as permanent address and his e-mail address;
  2. if the Customer is a legal entity: the name of the organization, its registration number and/or its tax number, its official corporate seat, the name of its leader and the data of the leader like in section i. The leader is obliged to send his or her specimen of signature for the Provider electronically (either through ticket section or via e-mail).

2. The Customer is fully liable for damages caused by inaccurate and out-of-date personal data.

3. The Customer is particularly obliged to use the devices and the services of the Provider for legal purposes only. According to this statement, it is prohibited to use the Provider's services:

  1. to promote prostitution, to promote or support drugs, human trafficking and other crimes;
  2. to host or promote content encouraging or suitable to encourage national, racial and ethnic hatred, promoting fascism, communism or other similar ideologies;
  3. to host or promote illegally obtained software for the purpose of its further sale and/or providing to third parties;
  4. to host or promote unsolicited advertising of any kind and unsolicited bulk email delivery (spam) operations;
  5. in a way which leads to an excessive overload of the available resources;
  6. in a way which violates copyright or other intellectual property rights (e.g.: music files, movie files and so on), this includes hosting such content or promoting such activity;
  7. in a way that can even partly be included in the above-mentioned categories;
  8. to store or to distribute data violating laws of Hungary or the European Union;

4. The Customer is obliged

  1. to notify the Provider via Help Desk or via the Customer's web interface made accessible by the Provider through the Internet network for the Service during the existence of the contractual relationship:
    1. of changes to the Contact name at the latest within 10 days from such change;
    2. of all changes to the identification and billing data at the latest within 10 days from such a change;
    3. to notify the Provider without undue delay of all facts known by the Customer that might negatively influence providing the Services by the Provider;
  2. to uphold the effect of the present GTCs during the contractual loyalty time, if not, he is obliged to pay liquidated damages (the sum of liquidated damages is the remaining sum of the expected payments under the loyalty contract and an additional €120 fee for early cancellation);
  3. to use the Service in a way that does not limit other Customers in use of Service and the Provider in providing the Service;
  4. to 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;
  5. to make use of the Services in accordance with the laws of Hungary, the Agreement and possible directions and instructions by the Provider;
  6. to block access to his website towards the Hungarian market, if the Customer performs business activity which is bound to permission by a Hungarian Authority and he does not have such kind of permission (e.g. the Customer sells medicine or organizes gambling).

5. The Customer may not resell the Services provided by the Provider to a third party without the written consent of the Provider.

The Customer is aware of their possible criminal liability under Act C. of 2012. Penal Code for a conduct contrary to the provisions of the stated act.

II. Special provisions

II.I. Dedicated Server services

This and any other agreement with the Provider of Dedicated Server does not grant or entitle, expressly or otherwise, any right, title or interest in the hardware (including, but not limited to any server) of the Provider of Dedicated Server.

In case of bandwidth or traffic usage in excess of the monthly amount ordered the Customer acknowledges that it will result in corrective action by the Provider, in its sole discretion, including assessment of additional charges or limitation or termination of any and all network services provided to the Customer.

In the event that the Provider decides to take corrective action, the Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

The minimum guaranteed yearly service availability excluding maintenance time with more details and options is available in the SLA (Annex 2)

II.II. Co-location Services

The co-location service includes the technical elements which are defined in the SLA.

The Provider is entitled to recourse to a subcontractor and to assign this contract to a third party.

This does not require the Customer's approval.

In case of bandwidth or traffic usage in excess of the monthly amount ordered the Customer acknowledges that it will result in corrective action by the Provider, in its sole discretion, including assessment of additional charges or limitation or termination of any and all network services provided to the Customer.

In the event that the Provider decides to take corrective action, the Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

The minimum guaranteed yearly service availability excluding maintenance time with more details and options is available in the SLA (Annex 2)

An additional fee is payable for installing the racks, cabinets, cages, custom space, electrical circuits, fiber optic connections, cable, panels and other items necessary for the Equipment to function in the Space, plus a prepayment equal to the number of month's recurring fees determined by the Provider in the Contract.

The exact details you may find in the Co-location Agreement on the Provider's website.

II.III. Cloud Instances and Virtual Private Servers (VPS)

Stellar and Stellar Pro Cloud Resource policy describes the guarantees of the resources on the Stellar line products in details with relevant formulas.

In case of bandwidth or traffic usage in excess of the monthly amount ordered the Customer acknowledges that it will result in corrective action by the Provider, in its sole discretion, including assessment of additional charges or limitation or termination of any and all network services provided to the Customer.

In the event that the Provider decides to take corrective action, the Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

The minimum guaranteed yearly service availability excluding maintenance time with more details and options is available in the SLA (Annex 2)

II.IV. Web-hosting

II.IV.A./ Server Set-Up and Updating

The Provider will initially configure the web server and the hosting account for use. After the hosting account is configured, the Customer will be solely responsible for all account content management.

II.IV.B./ Account Usage

The Customer shall not use

  1. excessive amounts of CPU processing on The Customer's Web server, or
  2. bandwidth or disk usage in excess of the monthly amount ordered. The Customer acknowledges any violation of this policy may result in corrective action by the Provider, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services provided to the Customer.

In the event that the Provider decides to take corrective action, the Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

The minimum guaranteed yearly service availability excluding maintenance time with more details and options is available in the SLA (Annex 2)

II.IV.C./ The Customer shall be solely responsible for

  1. the development, operation, and maintenance of the Customer's Web site and products and all content and materials appearing within the Web site or related to the Customer's products;
    1. the accuracy and appropriateness of content and materials appearing within the Web site or related to the Customer's products,
    2. ensuring that the content and materials appearing within the Web site or related to the Customer's products do not violate or infringe upon the rights of any third party,
    3. ensuring that the content and materials appearing within the Web site or related to the Customer's products are not libelous or otherwise illegal;
  2. the final calculation and application of sales tax or any other tax;
  3. accepting, processing, and filling any orders, and for handling any inquiries or complaints arising therefrom; and
  4. the security of any credit card numbers and related information the Customer may access as a result of conducting electronic commerce transactions through the Web server software.

II.IV.D./ Caching

The Customer grants the Provider a license to cache the entirety of the Customer's Web site (including content provided by third parties) hosted by the Provider and agrees such caching is not an infringement of any of the Customer's intellectual property rights or any third party's intellectual property rights.

II.V./ IP Address Ownership

The Provider and/or the Provider's service providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to the Customer by the Provider, and the Provider reserves in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

II.VI./ Data processing

If in connection with the performance of the service agreement you store and manage personal data at the server hosted by the Provider that shall qualify as personal data processing where you as the Customer shall qualify as controller of that personal data and the Provider shall be your data processor. The Provider shall process that personal data strictly for the purpose of performing the processing required for the performance of the services under the service agreement.

The sole purpose of the processing by the Provider will be the performance of the service agreement between the Customer and the Provider and the legal grounds of the processing is performance of contract [Regulation (EU) 2016/679 of the European Parliament and of the Council on April 27, 2016 on General Data Protection Regulation Article 6 subsection (1) point b)]. Processing shall last until the termination of the service agreement between the Customer and the Provider, or if in respect of certain personal data the Customer requests erasure or destroy earlier then the processing ends the date of erasure will end the processing. The Provider's tasks during processing shall be limited to the services defined in the service agreement concluded with the Customer. The personal data and data subjects affected by the processing shall solely to be determined by the Customer as data controller. Due to the nature of the processing - there is no actual hand over of personal data between the Customer and the Provider, but the Customer uploads the personal data himself on the Provider's servers, the Provider does not have access to that data - the Provider is unable to define the personal data and the data subjects affected by the processing and can only define that the Customer may upload and store personal data on the Provider's servers.

The Customer and the Provider shall fully cooperate with each other for the sake of compliance with the legal regulations on data processing - including, but not limited to the Hungarian Act CXII of 2011 on the right of informational self-determination and on freedom of information and the Regulation (EU) 2016/679 on General Data Protection Regulation - and to the extent required notify each other of all material circumstances in connection with the data processing (e.g. incidents, requests of data subject, etc.).

The Provider as data processor shall not pass any decision on the merits of the data processing, shall process personal data exclusively on written instructions from the Customer, including with transfer of personal data to a third country or to an international organization, unless processing is required by EU or Hungarian law applicable to the Provider; in such a case the Provider shall inform the Customer of that legal requirement before processing, unless the law prohibits such notification on grounds of public interest. During the data processing the instructions given by the Customer via e-mail shall be considered as written instructions.

The Customer is responsible for the lawfulness of its instructions related to the processing. The Provider will inform the Customer without delay if any of the Customer's instruction or the execution of it violates any mandatory legal act of the European Union and Hungary, or valid and legally binding resolutions, would aim the circumventing of law, jeopardize other persons or their assets, result in a disciplinary offence, simultaneously with the notification the Provider may suspend execution of the instruction while it has not been confirmed or changed by the Customer.

The Provider undertakes to ensure that the persons taking part in the data processing on its behalf (e.g. employees, other kind of contributors, etc.) are under confidentiality obligation set forth by the prevailing rules of law or will commit themselves within the frame of their relationship with the Provider (e.g. employment agreement, engagement agreement, etc.) to proper confidentiality obligations in respect of the processed personal data. Provider shall also make the necessary arrangements that its personnel shall only process personal data as instructed by the Customer.

The Provider will assist the Customer as a data controller in all suitable way to facilitate the performance of the Customer's obligations related to the rights of the data subjects.

The Provider adopted data security technical and organizational measures and procedures that meet the requirements of data security as set out in the regulations of the General Data Protection Regulation and the prevailing Hungarian law related to data management security, in particular, the Provider ensures the security of the data retained. Such technical and organizational measures are enclosed as Annex 4 to this Terms and Conditions.

The Provider will review the technical and organizational measures within reasonable periods in accordance with the current state of technology and the conditions of processing and must execute the necessary technical and organizational measures to ensure the proper level of data security.

The Provider undertakes to inform the Customer and the supervisory authority (Nemzeti Adatvédelmi és Információszabadság Hatóság; address: Hungary, 1125 Budapest, Szilágyi Erzsébet fasor 22/c; telephone: +36 1 391-1400; e-mail: ugyfelszolgalat@naih.hu; web: https://naih.hu) as soon as possible but no later than 72 hours of all security incidents related to the personal data processed under the service agreement and record actions related to the circumstances of the incident, its effects and the actions taken for incident mitigation.

The Provider shall at the time of termination of the service agreement or upon a request of erasure by the Customer – the earliest date when one of these circumstances occur – erase, destroy both the hard copies and electronic copies of the personal data processed by the Provider under the service agreement unless required by law otherwise and ensure that the sub-processors to whom it has forwarded data hereunder also perform the same.

By concluding the service agreement as defined under Clause I.I of this Terms and Conditions the Customer:

  1. grants its written consent that the Provider may engage the sub-processors listed in List of Sub-processors (Annex 5) of this Terms and Conditions to take part in the data processing, and
  2. gives its general authorization to the Provider to engage further sub-processors if necessary or change the sub-processors involved in the data processing with the condition that the Provider must notify the Customer of such changes in prior by providing information on the identity of the new sub-processor and its planned tasks, and should the Customer object against the new sub-processor then Processor may only engage the objected sub-processor upon fulfilment of the Customer's requirements defined in its objection.

The Provider will ensure that all data protection requirements defined in this Terms and Conditions and the service agreement shall also be undertaken and performed by the sub-processors, especially the sub-processors shall give proper guarantees for performing proper organizational and technical measures required to ensure data processing harmonize with the General Data Protection Regulation and the prevailing Hungarian law. Should the sub-processor fail to perform its data protection obligations, then the Provider shall be liable for the performance of those.

Save for the sub-processors listed in List of Sub-processors (Annex 5) Provider shall not forward any of the processed personal data to any other persons, nor shall forward the processed personal data to third countries (countries outside the European Union and EEA).

The Customer is entitled to check the Provider's data processing on the dates mutually agreed upon with the Provider. The Provider shall ensure that the Customer may also exercise this right with the sub-processors after prior consultation. Provider shall supply the Customer with any information that is necessary to verify compliance with the relevant mandatory acts on data protection and contribute to audits, including inspections conducted by the Customer or auditors mandated by the Customer.

The Customer shall be liable as the data controller to perform the legal requirements towards the data subjects affected by the data processing (e.g. obligation to notify, restrict, erase, correct, etc.). Should any request of the data subject be received by the Provider instead of the Customer, then the Provider will as soon as possible forward all requests to the Customer for the purpose to be able to answer those requests.

III. Final provisions

GOVERNING LAWS: The agreement between you (the Customer) and ServerAstra Kft. (the Provider) shall be governed in all aspects by the laws of Hungary. The parties irrevocably submit to the jurisdiction of Budapest District Court for the IV. and XV. Districts. In case of a mutually agreed requirement the Parties may conclude a joint written agreement to make amendments or modifications to the aforementioned

This GTCs is executed and concluded in the English language.

By signing this Agreement the Contracting Parties declare that they are entitled to enter into this contract, their contractual capacity is not a subject to any restrictions, so they are entitled and obliged under the present contract.

IV. Annexes

  1. Privacy Policy (Annex 1)
  2. SLA (Annex 2)
  3. Administration (Annex 3)
  4. Technical and Organisational Measures for Data protection (Annex 4)
  5. List of Sub-processors (Annex 5)

ServerAstra Ltd. GTCs Valid from: 2019.05.31.

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