General Terms and Conditions of Services changes 2022-01-14 00:00:00 - 2022-09-04 00:00:00

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 terms and Conditions conditions supersede all earlier versions.

Please read these terms through this document and conditions all annexes carefully and thoroughly, as they describe your legal rights and obligations.

Annexes listed in section IV.V. 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 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 one or multiple years of loyalty time contract, in which case you get a special 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 rental services, co-location colocation services, domain registration and renewal, virtual private server (VPS) services, cloud and web-hosting 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 (href="https://serverastra.com/docs/Privacy-Policy">https://serverastra.com/docs/Privacy-Policy) com/docs/Privacy-Policy">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 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 href="https://serverastra.com/docs/Privacy-Policy">https://serverastra.com/docs/Privacy-Policy) com/docs/Privacy-Policy">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 Provider's 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, case regulated in the present paragraph, the Customer does not get receive any 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 plan in return the Customer undertakes contractual loyalty time
19. to provide the Customer with a discounted fee or a preferential tariff plan beyond the contractual loyalty time.
20. to ensure the services conform to these Terms the Provider reserves an exclusive right to monitor its network and all internet resources using this network, record and keep the data according to the Privacy Policy
21. to adjust the price of active services with prior notice of at least 1 week

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 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 (technical support is subject to SLA (Annex 2)) 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 representative and the data of the leader representative like in section i. i. The leader is obliged to send his or her specimen of signature for representative must possess the Provider electronically (either through ticket section or via e-mail).necessary authority to enter this contract on the legal entity's behalf.

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 services in a way that can even partly be included in violates 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