Terms

Contracting Parties

Váš Hosting s.r.o. based:
Zbožská 1385, 288 02 NYMBURK
IČ: 24742252, DIČ CZ24742252
The company is registered in the Commercial Register at the Municipal Court in Prague, section C, in 170549

(hereinafter referred to as the "Provider")

Customer

For the purposes of these terms, the Customer is understood to mean any entity that concludes a lease with the Provider in writing or electronically via the www presentation of the lease of the server or its part in the form of web hosting services or, domain registration.

(hereinafter referred to as the "Customer")

(collectively referred to as the "Contracting Parties")

1. Subject matter and introductory provisions

1.1. The subject of these General Terms and Conditions is the adjustment of legal relations between the Provider and the Customer in the provision of hosting services: lease of the server, lease of an email server, web hosting or domain registration.

1.2. A contractual relationship based on these terms and conditions is governed by the provisions of Section §1751 of Act No. 89/2012 Coll., The Civil Code, as amended.

1.3. During the operation of the Service, the Provider requires from the Customer the data necessary for the operation of the service and for communicating with the Customer. Their processing is governed by the Terms of Privacy

1.4. By agreeing to these Business Terms and Conditions, the Customer confirms that he is a businessman acting in relation to the Provider in connection with his business activity and at the same time acknowledges that for this reason, he does not have the rights of the consumer in the sense of the Civil Code.

2. Definitions of terms

2.1. Server - a computer permanently connected to the Internet that is ready for running applications that are compatible with the server configuration (ie in the server operating system environment, installed services, etc.) through which the Provider services are provided.

2.2. Virtual server - a logically defined (virtual) server running on a physical server, where multiple virtual servers are operated for multiple subscribers.

2.3. Dedicated server - a physical server reserved for the sole Customer's needs, with its own custom attributes and scope of services provided by the Provider's infrastructure.

2.4 Customer Center - is the interface at https://centrum.vas-hosting.cz for the administration of the Services, including a summary of payments or information about the Customer.

2.5 Domain Registration - is the Service Provided by the Provider for the registration and maintenance of the Internet domain names of so-called domains under the selected Top Level Domains registers.

2.6 Webhosting - is the provision of space on the Provider's servers for the operation of WWW pages, with the support of e-mail boxes.

2.7 Service is a service provided by the Provider to the Customer on the basis of a contract concluded in accordance with these Business Terms and Conditions (hereinafter referred to as GTC).

3. Service specifications

3.1. The features and range of services are governed by the offer presented at vas-hosting.cz or vas-server.cz, these business terms, and any individual contract provisions. Priority is to be given by contract, business terms, service offer.

3.2. Common Provisions for Services:

3.2.1. By providing a virtual server rental service, the Provider provides the Customer with the possibility to use a part of the physical server's physical resources with defined attributes and the range of services provided by the Provider's infrastructure. The attributes are determined in part as reserved by the Customer (processor performance, memory size, disk space, etc.) and partly as shared (number of CPU cores used, disk operations, network traffic, etc.) that the Customer uses with other users. The extent to which the ability to use shared attributes by the Customer is limited by the degree of use of shared attributes by other users.

3.2.2. By providing a dedicated server service, the Provider provides the Customer with the ability to use the Physical Server computing resources with specified attributes and the range of services provided by the Provider's infrastructure. Attributes are all set as reserved.

3.2.3. Webhosting - DNS domain management, data space on the server's servers, FTP and HTTP (S) access to data, management of e-mail accounts with management capabilities, the operation of MySQL or PostgreSQL database server, backup and technical support.

3.2.4. Services provided by the Infrastructure of the Provider are always shared unless the Parties agree in the above-standard solution agreement and do not specifically name dedicated infrastructure services (such as dedicated connectivity, individual backup solutions, etc.).

3.3. The individual period of service is always one calendar month and its multiples.

3.4. Provided services are managed by the Provider, the Customer does not pass any rights to the software or the configurations provided with the service. The Customer does not acquire the ability to manage the server by its own means, but only through the designated services provided by the Provider (such as the Customer Service Center for Administering Domains or VPS Server Management Center). The copyright and proprietary rights of the Customer for the software and the data it places on the server are unaffected. The Customer may not copy or use pre-installed applications, services, and configurations outside of the Provider's infrastructure.

3.5. The Provider reserves the right to change the scope and attributes of the Services.

3.6. The place of performance of the services is the registered office of the Provider mentioned in the title of this contract and also the specialized facilities (data centers), which is used by the Provider to operate its services.

3.7. Domain Registration Rules

3.7.1. The reserved domain will be submitted for registration only after payment of the order and fulfillment of any other conditions required by the Provider or the relevant registry of the TLD.

3.7.2. By ordering or paying a domain registration order, the Customer is not entitled to the domain name. This occurs only after the actual registration and its confirmation by the Provider.

3.7.3. The domain name can be blocked, reserved, or disabled by the registry. In this case, the domain will not be registered and the registration fee will be returned to the Customer.

3.7.4. A domain name may be considered premium and may require an additional fee for registration. The Provider of the customer will inform about this fact.

3.7.5. The domain name that the Customer requests to register cannot be booked or blocked in any way by filling in the order. If another applicant for registration of the same domain name first meets all the requirements for registration, the domain for the Customer cannot be registered.

3.7.6. The Provider is not liable for any damages caused by the inability of domain registration.

3.7.7. The Provider does not control or verify the legitimacy of the Claimant's application for registration of the domain or is not legally liable for it. Any liability or liability arising from collisions with trademarks, court decisions or other obstacles that prevent the Customer from using the domain name shall be the responsibility of the Customer.

3.7.8. The Customer is obliged to pay the fees in due time and to fulfill any additional requirements for the extension of the domain validity for the next period. If Customer doesn´t pay the fees for the domain it can immediately be inoperative and after expiration can be released for registration.

3.7.9 The Customer is required to track and monitor the expiration dates of their domains themselves. The Provider informs about the expiring expiration but is not obliged to do so. The Provider is not liable for damages caused by the failure of the domain expiration warning.

3.7.10 In case of payment of an invoice for renewal of a domain name after the due date, the Provider may require additional fees for reactivation of the domain in the relevant registry.

3.7.11. If the Customer carries out domain name registration and management in the name of a third party (domain holder), he/she is required to ensure that he/she obtains consent to these Terms and Conditions of the relevant domain register from that third party.

3.7.12. The Domain Holder agrees that his personal data may be passed on to others if required to manage the domain and that his or her personal data may be published in the WHOIS.

3.7.13. The domain name has a customer leased to the appropriate registry, which pays for the rental of the domain. The Provider is only a technical domain administrator.

3.7.14. Both the customer and the domain holder agree with the rules of the central registry of the applicable TLD.

3.7.15. The Customer is required to ensure that the domain is provided with the correct and up-to-date information on the domain holder and other information as required by the registry. Otherwise, there is a risk that the domain will be canceled due to incorrect data without the right to any refund or damage.

4. Rights and Obligations of the Customer

4.1. On the basis of the conclusion of the contract and the subsequent establishment of the Service, the Customer shall obtain the right to use the service in the scope provided for in Article 3. In the event that the Parties agree to a test or intermediate operation until the conclusion of the Contracting Parties, the Customer shall obtain this right to the extent specified by the Provider.

4.2. The Customer undertakes to pay the Provider properly and in good time the agreed price and VAT for the provided services.

4.3. The Customer may use the services provided to the extent specified by the contract without limitation. By using the Shared Attributes and Services of the Provider's Infrastructure, the Customer's ability to use is limited by the degree of utilization of these resources by other users and the technical capabilities of the solution.

4.4. The Customer is not entitled to use the services to set up his own activity, which in its nature would be competitive with the Provider's activity, in particular, to provide web hosting services under his own name and on his own responsibility. Establishing such an activity is considered to be a gross breach of the Customer's obligations.

4.5. The Customer may not use the Services in such a way as to infringes the rights of the Provider, the 3rd Party, or otherwise disadvantage other users in the use of Shared Funds. The Customer may not use the funds provided in such a way as to obtain an unjustified advantage over other users or in a way that could result in a violation or damage to the server operation. The serious breach of the Customer's obligations is, in particular, an attempt to breach the security and continuity of service.

4.6. The Customer may not set up www sites whose content is in violation of laws or good morals. Sites with this content are not allowed even under password-protected access conditions. Violation of this article entitles the Provider to suspend or terminate all services provided to the Customer.

4.7. The Customer is obliged to indicate truthfully his contact details and billing information for the purpose of concluding a contract, registering and operating domain names and communicating with the Provider. The customer is obliged to keep his contact information up to date. Liability for any damages resulting from the submission of false information or non-notification of changes is the responsibility of the Customer (eg during the expiry of the registration period of the domain, etc.).

4.8. The Customer is required to protect provided access names and access passwords to established services and server resources against third party abuse. Any liability arising from the abuse of the system by a foreign person using the correct login and password is the responsibility of the Customer.

4.9. In the event of a defect in the operation of the Service by the Customer, the Customer shall claim the Service's claim immediately upon its discovery by e-mail or telephone contact to the Provider's non-stop service.

4.10. The Customer is liable for any damage caused by using the provided service. The Provider is entitled to claim compensation from the Customer for damages and lost profits. Repayment of damage is understood to mean, in particular, the time spent by the Provider for the removal of a defective state, arising from the unauthorized or improper use of the resources of the Customer's server, damage caused by server operation, damage caused to third parties and especially to other users, etc.

4.11. The Customer is responsible for dealing with persons who will be able to use the Provider's services (such as administrators, suppliers, Customers, and other third parties). In the sense of exercising the rights and obligations of the Customer in accordance with these Business Terms, the Costumers' conduct is considered as if the Customer did the same.

4.12. The Customer undertakes to pay to the Provider all the services related to the provision of the service provided by the Provider at the request of the Customer and which by their nature exceeds the range of services specified in the Service Specification. The price of the act is set by the Provider's price list or the hourly rate of CZK 1000 per hour excluding VAT.

4.13 The Customer undertakes to carry out on its part all the measures necessary to prevent the misuse of services. The Customer is responsible for the consequences of such abuse if it occurs.

4.14 It is forbidden to attempt to disturb the operation of services and technical or software resources, deliberately overload them, attempt to use services or systems contrary to its purpose.

4.15 The Customer is forbidden to use the Services for purposes that are contrary to the laws of the Czech Republic or in violation of good manners, sending spam and, etc.

5. Rights and Obligations of the Provider

5.1. The Provider undertakes to set up a negotiated service in accordance with the contract on the basis of fulfillment of the agreed conditions by the Customer (in particular down payment).

5.2. The Provider is obliged to ensure the continuous operation of the agreed service in accordance with Article 3.

5.3. The Provider is obliged to carry out continuous monitoring of the operation of the service and to ensure continuous management for the optimal operation of the service.

5.4. Circumstances excluding liability for the purposes of point 5.2. and 5.3. constitute acts that are not influenced by the Provider and cannot be prevented (eg, force majeure, accidents, outages of public telecommunication networks, etc.) or acts necessary to ensure the operation of the Provider's services (eg hardware maintenance, software update, configuration modifications, etc.).

5.5. The Provider is obliged to provide the service against a breach of traffic by the 3rd Party or by some of the Customer depending on the nature of the provided program resources. In the event that a conflict occurs between security solutions and the range of services offered, security of service will prevail.

5.6. The Provider is entitled to restrict or totally suspend the provision of the Service in the event that it discourages the occurrence or prevents damage to the Provider or to third parties. (especially restricting other Users to use shared attributes and services, security risks such as phishing, etc.). The Provider does not violate his / her obligations under Article 5.2. The Provider is entitled to restrict or suspend service provision in the event that a user sends spam from the server, attacks other servers, becomes a part of the botnet, or otherwise violates the laws of the Czech Republic.

5.7. The Provider is liable only for the actual damage caused by the negligence of his obligations under the Agreement or these Business Terms and Conditions, up to a maximum of three times the service price for the current period.

5.8 The Provider may use the email and telephone of the Customer for its marketing activity associated with the provision of the Provider's services.

5.9 The Provider is not responsible for any infringement of trademark rights, business rights and other rights protected by generally binding legal regulations committed by the Customer by the use of the Services.

5.10 The Provider is entitled to change service parameters and variants.

6. Service and Payment Price

6.1. The price of the service is determined by the offer of the Provider published on the website unless the Contracting Parties agree otherwise in the contract.

6.2. Unless stated otherwise, the price is always listed per period. In the event that the Customer does not use the Service in the given period, this is without prejudice to his obligation to pay the service price in accordance with Clause 4.2.

6.3. The price of the service is paid by the Customer in advance.

6.4. According to the variant of the provided service, the Customer will pay the price or make a deposit for the required number of periods in advance upon the signing of the contract or upon the establishment of the service or will pay the fee for setting up the service.

6.5. If this is stated in the offer, the Customer may choose a period of payment for services (monthly, quarterly, annual, etc.).

6.6. The Customer pays the cost of the service on the basis of a tax document or a call for payment of a service sent by the Provider by e-mail to the Customer's contact e-mail. The Customer agrees that the Provider is entitled to issue tax documents in electronic form in accordance with the provisions of Section 26 of Act No. 235/2004 Coll.

6.7. Delay in the cost of the service in 2 consecutive periods or repeated breach of invoice maturity is considered a fundamental breach of the Customer's obligations.

6.8. The Provider has the right to discontinue the provision of the Service if the Customer is in delay with payment of the service for more than 30 days. In the event of a service disruption due to non-payment of the Service by the Customer, the Provider shall not be liable for any loss of data and loss of availability of the applications being operated. The obligation to pay the Service price to the Customer for the period until the cancellation of the Service is not affected.

6.9. The price of services provided in excess of the contract is governed by the Provider's price list in the offer. If the service is not included in the offer, it is based on an hourly rate of CZK 1000 per hour of work without VAT.

6.10. If in the given period, the Provider is failing to observe the guaranteed service parameters (especially the availability of the service), the Customer is entitled to claim the reduction of the service price for the given period at the amount stipulated in the contract or offer of the Provider.

6.11. In case of delay of the Customer with payment of some of the payments, the Provider is entitled to claim interest for late payment of 0,05% of the amount due for each day of delay.

6.12. The day of payment under these GBCs is the day of receipt of payment on the Provider's account.

7. Duration, change, and termination of the relationship

7.1. A contractual relationship arises from the day of the conclusion of the contract in written or electronic form via the website or at the moment of approval of the binding order of the Customer by the Provider for the purposes of the test or intermediate service operation until the conclusion of the regular contract.

7.2. Unless stipulated otherwise in the contract, the contract is concluded for an indefinite period, but at least for the period specified in the tender.

7.3. The contract may be terminated after the specified minimum period has expired by written notice sent to the other party in paper form or by electronic mail sent to the contact e-mail. The notice period is set for 3 calendar months and begins to run on the first day of the month following the delivery of the notice to the other party.

7.4. In the event that one party violates its obligations in a fundamental way, the other party may terminate the contract with a monthly notice period. A major breach of their obligations, in addition to the cases listed in the exhaustive list, is repeated violation of obligations in a non-binding manner in three consecutive periods. In particular, it is a violation of payment terms by the Customer and breach of the Provider's obligations when providing the service. For gross breach of the Customer's obligations, the gross violation of the terms and conditions of the Service of Váš Hosting is also considered to be in the use of these services.

7.5. The Customer has the right to withdraw from the contract if the Provider does not organize the agreed service within the specified time after the Order has been properly paid by the Customer.

8. Complaints

8.1 If the Customer considers that the services provided by their scope, quality or price do not meet the conditions and are therefore defective, he is entitled to apply the respective rights of liability for these defects in writing to the Provider by e-mail sent to info@vas-hosting.cz or at any Provider's premises, without undue delay upon their discovery.

8.2. The Customer is required to duly substantiate its claim and to demonstrate its legitimacy in making the claim. At the same time, he is obliged to provide the Provider with a proof of service.

8.3. Complaints The Provider will execute within the applicable law.

8.4. In other cases, the application of the right of liability for defects and the handling of the claimed claim is governed, in particular, by the Civil Code, the Commercial Code, and the consumer protection legislation.

9. Processing contract

9.1. The Provider processes personal data of his / her customers in accordance with the Terms and Conditions of Personal Data Processing.

9.2. These terms also contain the terms of the contract for the processing of personal data under Article 28 et seq. GDPR, as follows.

9.3. Under the terms of this Agreement, the Provider may process personal data within the scope specified in these Terms and Conditions for the Purchaser as the processor within the meaning of Articles 4 (2) and 28 GDPR.

9.4. The processing of personal data will be processed by the Provider for the duration of the contract concluded in accordance with these Terms and Conditions. The Provider's obligations regarding the protection of personal data are binding on the Provider for the entire duration of this contract.

9.5. The Provider processes personal data solely on the basis of instructions made by the Customer in accordance with this Agreement.

9.6. The Provider adheres to the confidentiality of the personal data processed and ensures that persons authorized to work with the Customer's personal data at the Provider commit to confidentiality or to be subject to the statutory duty of confidentiality.

9.7. The Provider shall take all necessary measures required under Article 32 of the GDPR and shall not use the personal data processed for its own use and for any purpose other than for the performance of the Contractor for the purposes specified in the Privacy Policy.

9.8. The Provider undertakes to observe the conditions for the involvement of the other processor referred to in paragraphs 2 and 4 of Article 32 of the GDPR. The Provider processes personal data with the help of carefully selected other processors. Primarily analytical and marketing tools, accounting services.

9.9. The Provider shall, at the request of the Customer, erase all personal data and copies thereof or return it to the Customer upon termination of the Agreement. The Provider will erase these data within 60 days at the latest.

9.10. The Provider is obliged to keep records on the processing of personal data according to the contract min. to the extent specified in paragraph 2 of Article 30 of the GDPR.

9.11. Any suspicion of a personal data breach or any other unauthorized access to personal data shall be notified by the Provider no later than within 24 hours of the discovery by e-mail to the Customer.

9.12. The Provider keeps personal data on servers within the European Union, as specified in the Privacy Policy

9.13. The Provider adheres to strict safety standards.

10. Final provisions

10.1. Reformations to the contract may only be made in the form of a written numbered supplement to the contract.

10.2. These General Business Terms and Conditions have a greater legal force than the other service provision arrangements agreed between the Customer and the Provider unless it is a legal relationship based on another contractual arrangement expressly stating that the relationship is not governed by these terms. Any dispute will be dealt with preferentially in accordance with these general business terms, only those that are not treated under these conditions are governed by other agreements between the Provider and the Customer.

10.3. The Contracting Parties undertake mutually to disclose to third parties, except for any reference documents, no information about this contractual relationship or its participants disclosed to them in connection with the performance of this Agreement, with the exception of Article 1, paragraph 1.3. The Parties undertake to keep business secrets unless the other Party gives written consent to the provision of information.

10.4. The Provider reserves the right to unilaterally change the Service Specification and these General Terms and Conditions by publishing a new version on the Website.

10.5. These business terms apply from May 14, 2018.