General Terms and Conditions of Services changes 2019-05-14 00:00:00 - 2019-05-31 00:00:00
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 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 Provider confirming your order, whichever happens first.
This Agreement is effective for undetermined term.
You may take obligation for 1 year loyalty time contract, in which case you get discounted fee.
Either you or Provider may terminate this Agreement (and your access to your account) at any time with 30 days written notice, or
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 Provider and Customer in case of dedicated
server, co-location services, virtual private server (VPS), 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:
,,the billing period");
Customer 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 Customer comfort when making use of the Services;
on 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;
other provider doing business in the same field withdraw from contract for repeated or serious obligation default by the Customer;
on a legal way for the 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 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;
* to provide the Customer with a discounted fee or a preferential tariff beyond the contractual loyalty time.
Provider does not knowingly provide or offer services to anyone under the age of 18. 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
Provider is obliged
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.)
basis, in terms of functionality and safety of Service;
* 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:
with other Customer or third party or Provider when using the Services;
I.III.D./ Obligations of the Customer
The Customer is obliged to provide the following data to Provider:
- 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;
- 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).
The Customer is fully liable for damages caused by inaccurate and out-of-date personal data.
The Customer is obliged to pay fee for the services.
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 Provider's services: into the above-mentioned categories;
The Customer is obliged
* to notify the Provider via Help Desk or via Customer web interface made accessible by the Provider through the Internet network for the Service during the existence of the contractual relationship:
- of changes to the Contact name at the latest within 10 days from such change;
- of all changes to the identification and billing data at the latest within 10 days from such a change;
- to notify the Provider without undue delay of all facts known by the Customer that might negatively influence providing the Services by the Provider;
usingof Service and Provider in providing the Service; *to block access to his website towards the Hungarian market, if the Customer doesbusiness activity which bound to permission by Hungarian Authority and he does not have such kind of permission (e.g. the Customer sells medicine or organizes gambling).
The Customer may not
to provide the Services provided by the Provider to a third party without previous 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 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.
exact details you may find in the Service Level Agreement on Provider's website.
### 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.
In case of bandwidth or traffic usage in excess of the monthly amount ordered the Customer
In the event that the Provider decides to take corrective action, the Customer shall not
provider gains access to the service access point during the full year in respect of possible uptime of 99.5% of the service availability.
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 Provider in the Contract.
The exact details you may find in the Co-location Agreement on Provider's website.
II.III. Virtual Private Servers (VPS)
The exact details you may find
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
Service Level Agreement on Provider's website.
### II.IV. Web-hosting
II.IV.A./ Server Set-Up and Updating
Provider will initially configure the web server and the hosting account for use. After the hosting account is configured, Customer will be solely responsible for all account content management.
/ Maintenance Services
Provider will perform maintenance services as Provider determines reasonably necessary to maintain the continuous operation of the hosting account. Customer acknowledges such maintenance may require Web server and hosting account downtime, and such downtime will not count as breaching the contract. Provider will attempt to provide prior notice of maintenance downtime except when circumstances beyond Provider's control limit Provider's ability to do so.
II.IV.C./ Account Usage
Customer shall not use
- excessive amounts of CPU processing on Customer's Web server, or
- bandwidth or disk usage in excess of the monthly amount ordered. Customer acknowledges any violation of this policy may result in corrective action by Provider, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services to Customer.
In the event that Provider decides to take corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
D./ Customer shall be solely responsible for
- the development, operation, and maintenance of Customer's Web site and products and all content and materials appearing within the Web site or related to Customer's products;
- the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products,
- ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party,
- ensuring that the content and materials appearing within the Web site or related to Customer's products are not libelous or otherwise illegal;
- the final calculation and application of sales tax or any other tax;
- accepting, processing, and filling any
Customerorders, and for handling any Customerinquiries or complaints arising therefrom; and
- the security of any
Customercredit card numbers and related Customerinformation Customer may access as a result of conducting electronic commerce transactions through the Web server software.
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
Provider and/or Provider's service providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Provider, and Provider reserves in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
#### II. IV.F./ Caching
Customer grants Provider a license to cache the entirety of Customer's Web site (including content provided by third parties) hosted by Provider, and agrees such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
II.V./ Data processing
If in connection with the performance of the service agreement you store and manage personal data at the server hosted by Provider that shall qualify as personal data processing where you as Customer shall qualify as controller of that personal data and Provider shall be your data processor. 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 Provider will be the performance of the service agreement between Customer and 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 Customer and Provider, or if in respect of certain personal data 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 Customer as data controller. Due to the nature of the processing - there is no actual hand over of personal data between Customer and Provider, but Customer uploads the personal data himself on Provider's servers, Provider does not have access to
these data - Provider is unable to define the personal data and the data subjects affected by the processing and can only define that Customer may upload and store personal data on Provider's servers.
Customer and 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
circumstance in connection with the data processing (e.g. incidents, requests of data subject, etc.).
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 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 Provider; in such a case Provider shall inform 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.
Customer is responsible for the lawfulness of its instructions related to the processing. Provider will inform 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 disciplinary offence, simultaneously with the notification Provider may suspend execution of the instruction while it has not been confirmed or changed by Customer.
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 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 Customer.
Provider will assist Customer as data controller in all suitable way to facilitate performance of Customer's obligations related to the rights of the data subjects.
such data security technical and organizational measures and procedural rules 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.
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.
Provider undertakes to inform Customer as soon as possible of all incidents related to the personal data processed under the service agreement and record
those indicating the circumstances of the incident, its effects and the actions taken for remedy.
The Provider shall at the time of termination of the service agreement or upon a request of erasure by Customer – the earliest date when one of these
circumstance occur – erase, destroy both the hard copies and electronic copies of the personal data processed by 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 Customer:
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 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).
at dates agreed with Provider in prior is entitled to check at Provider the data processing. Provider shall ensure that Customer may also exercise this right at the sub-processors after prior consultation. Provider shall provide Customer any information that is necessary to verify compliance with the relevant mandatory acts on data protection and contribute to audits, including inspections conducted by Customer or auditors mandated by Customer.
Customer shall be liable as 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
arrive to Provider instead of Customer, then Provider will as soon as possible forward all requests to Customer for the purpose to be able to answer those requests.
III. Final provisions
GOVERNING LAWS: The agreement between you and
the Provider shall be governed in all respects by the laws of Hungary. The parties to irrevocably submit to the jurisdiction of Budapest District Court for the IV. and XV. Districts. The Parties may differ from the above written in special case by a joint written agreement.
This GTCs is executed and concluded in English language.
By signing this Agreement the Contracting Parties declare that they are entitled to enter into this contract, their contractual capacity
are not subject to any restrictions, so they are entitled and obliged under the present contract.
- SLA (Annex 2)
- Administration (Annex 3)
- Technical and Organisational Measures for Data protection (Annex 4)
- List of Sub-processors (Annex 5)
ServerAstra Ltd. GTCs Valid from: 2019.05.