Terms and Conditions of Hosting Service

Terms and Conditions of Hosting Service

§1 Definitions

• Client - a natural person conducting business activity, a legal person, or an organizational unit that has purchased hosting services from the Service Provider.
• Hosting Service - provided by the Service Provider, consisting of providing the Client with the resources of the Service Provider's IT infrastructure for the purpose of placing and storing data ("Data") (within the meaning of Article 14(1) of the Act on the provision of electronic services of 27 July 2002) ("Main Service"), and launching additional services selected by the Client, integrally related to the provision of these resources, in accordance with their specification posted on the Service Provider's website at https://puqcloud.com.
• Additional Service - a service selected by the Client, integrally related to the Main Service. An additional service may include, among others, providing the Client with additional email accounts, data transfer, increased transfer parameters, and others. The cost incurred by the Client for providing the Main Service along with additional services is stated in the price list available on the Service Provider's website: https://puq.pl/lista-uslug-dodatkowych.php.
• Data (Data stored on the server) - data that the Client places and stores on the IT infrastructure provided to them by the Service Provider for this purpose.
• Client Panel - as a result of full client registration, the client is granted access to the main panel where they can manage services, submit requests, or browse accounting documents. The client panel also shows specific access to purchased services, such as the server panel. The client panel is granted once for each individual client for the entire period of activity of at least one service.
• Server Panel - some purchased services provide access to an additional server panel where detailed settings and functionalities of the respective service can be directly managed. For example, for hosting services, this is a panel that allows managing email accounts, FTP, backups, databases, etc. A client may have multiple server panels depending on the quantity and characteristics of the purchased services.
• Transfer - the traffic limit to and from the client's server specified in the specification of the respective service.
• Terms and Conditions - these hosting service regulations of the Service Provider.
• Full service activation - after the Client pays the Subscription Fee, the Client gains full access to the service.
• Subscription Fee - the fee paid by the Client for the provision of hosting services by the Service Provider based on a pro forma document sent by the Service Provider to the Client's email address and available in the client panel. The Client pays the Subscription Fee in advance for the entire Subscription Period.
• Subscription Period - the duration for which the hosting service has been purchased. The Client pays the subscription fee to the Service Provider in advance based on a pro forma document.
• Service Provider's website - the website available at https://puqcloud.com.
• SPAM - sending commercial or other information by electronic mail (email) that has not been requested by the recipient.
• Data Controller - PUQ sp. z o.o. is the data controller of the Client's personal data. Contact with the Data Controller - [email protected].
• Parties - refer to the Service Provider and the Client.
• Contact for matters unrelated to technical support with the Service Provider is done via email at: [email protected], available 24/7.

§2 General provisions

1. The provisions of these regulations determine the general rules for the provision of Hosting Services and domain support by the Service Provider and the use of these services by the Client.
2. Payment by the Client and Service Activation mean that the Client has familiarized themselves with the contents of the Terms and Conditions, accepts its provisions in full, and undertakes to comply with them.
3. Violation of the provisions of the Terms and Conditions by the Client entails the consequences provided for in these Terms and Conditions and in the applicable provisions of the law.
4. The Service Provider is not obliged to train the Client in the use of Hosting Services; the Client is obligated to do so on their own.
5. The Client engaging in business activity is the Client who uses Hosting Services directly related to their business or professional activity, even if it is not registered.
6. By completing the order form, the Client confirms that they are a business entity and bears full responsibility for the accuracy of the provided data corresponding to the actual state of affairs.
7. The Service Provider does not extend the parameters of individual services - the Client must choose a service that can meet their needs. If data limits are exceeded, the Client may delete unnecessary data to fit within the limits of the purchased service or purchase a suitably fitting service.

§3 Information on Personal Data Processing

1. The Client entrusts the Data Processor with personal data in accordance with Article 28 of the General Data Protection Regulation of 27 April 2016 ("Regulation") for the purpose of fulfilling obligations towards the Client.
2. The Data Processor takes special care to protect the interests of the individuals whose data is processed. In particular, the Data Processor ensures that the collected data is processed lawfully, collected for specified and legitimate purposes, not further processed in a manner incompatible with those purposes, accurate and adequate for the purposes of processing, and kept in a form that allows the identification of the individuals for no longer than necessary.
3. The Client declares that they consent to the processing of personal data by the Data Processor in accordance with the provisions of the Act of 27 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended) by the Data Processor for the purpose specified in the contact details (Order Form, email) enabling the fulfillment of obligations towards the Client.
4. The Client acknowledges that they have been informed of their right to access and modify the personal data collected by the Data Processor.
5. The Client has the right to object to further processing and, in the case of giving consent to the processing of data, to withdraw their consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
6. The Client also has the right to data portability.
7. Data will only be disclosed to external entities within the limits permitted by law. Data is disclosed to cooperating companies for the purpose of order fulfillment or hosting services, such as accounting offices, domain registrars, and other companies necessary for the provision of services by the Data Processor.
8. In accordance with the privacy policy published on the Data Processor's website, data is processed for the duration of the agreement or the provision of a specific service, as well as after the termination of the agreement/service for purposes such as pursuing claims arising from the agreement, statistical purposes, and fulfilling obligations under applicable law. Your data will be stored for the necessary period to provide services or until you express your objection. Data may also be retained after the termination of the agreement/service only to fulfill a legal obligation imposed on the Data Processor, for a period in compliance with applicable regulations, and you have the right to be "forgotten" upon your explicit request.
9. The Data Processor undertakes to secure the processed personal data by applying appropriate technical and organizational measures ensuring a level of security appropriate to the risk associated with the processing of personal data as mentioned in Article 32 of the Regulation.
10. The Client has the right to lodge a complaint with the supervisory authority.
11. The Data Processor reserves the right to include the URL address and the name of the Client in client lists and references, both in written and electronic form, including on the Data Processor's website. If the Client does not agree, they are obliged to inform the Data Processor in a separate written statement.

§4 Service Management in the CLIENT/SERVER Panel

1. In order to order and manage services provided by PUQ, the Client is required to create an account in the system at https://puqcloud.com (hereinafter referred to as the "Client Panel").
2. The Client registers an account by providing their email address, basic contact information, and creating a strong password (containing a minimum of 8 characters, including at least 1 uppercase letter, 1 lowercase letter, 1 digit, and 1 special character).
3. By registering an account in the system at https://puqcloud.com, the Client gains access to the Client Panel, which offers various capabilities, including but not limited to:
   1. Ordering new services
   2. Reviewing available active services with the ability to view detailed service features such as volume usage, transfers, login addresses, password changes, etc.
   3. Accessing a list of accounting documents
   4. Accessing the technical support ticket system
4. After successfully placing an order and making payment for a service, the Client will be electronically notified of the status of the service.
5. The access and utilization of the purchased service may vary depending on the specific service purchased. Access details are provided in the Client Panel section related to the respective service.
6. The Client is obligated not to disclose their login credentials to third parties. The Data Processor is not responsible for any consequences resulting from the Client sharing their password with third parties.
7. The server panel for each service allows the management of databases, DNS zones, email accounts, and other settings.
8. The Client has the option to generate and download a backup copy of the entire service at any time. This option is available from the server panel.
9. In the event of a breach of the provisions of this Service Agreement by the Client, particularly in the case of using services provided by the Data Processor for illegal activities, activities contrary to good practices, or activities infringing the rights of third parties, the Data Processor may block the provided services or suspend access to the Client Panel.
10. The Data Processor reserves the right to delete inactive accounts without active services for a period prescribed by relevant law.
11. Creating an account in the system at https://puqcloud.com signifies acceptance of the terms and conditions of the Service Agreement posted on the website puqcloud.com

§5 Duration and Termination of Service

1. The agreement for the provision of services between the Data Processor and the Client is concluded for a fixed period equal to the subscription period for which the Service has been purchased, unless otherwise specified in the Terms and Conditions.
2. The Service may be terminated:
3. Upon the written declaration of the Client to terminate the service, delivered at least 14 days before the end of the current settlement period, either by letter or email to the address: [email protected].
4. Due to the Client's failure to make payment or the expiration of the subscription period without payment for subscription renewal, with immediate effect for Clients with an active service.
5. As a result of the Client's violation of the conditions of service usage and failure to rectify the violations within 7 days from the date of notification by the Data Processor, after prior notification and stating the reasons at least 14 days before the end of the current settlement period, or with immediate effect if the violation affects the rights of other network users.
6. As a result of the dissolution or liquidation of the Client's company, which is not an individual.
7. Due to the Client's actions causing tangible harm or disrupting the operation of the Data Processor.
8. The Data Processor reserves the right to terminate the agreement immediately if the functioning of the Client's service threatens the stability of the network or the stability of other users. In the event of termination by the Data Processor, the Client is entitled to a refund of the subscription fee minus the period already utilized. A refund is only applicable if the Client did not directly contribute to the endangerment of other network users.
9. Termination of the Agreement does not require written form.

§6 Client's Obligations and Responsibility

1. The Client is fully responsible for managing the Service, stored data and content, and the consequences of their actions.
2. Upon purchasing the Services, the Data Processor transfers exclusive management of the Services to the Client and does not assist in the Client's actions, storage of data in the Service, determining their purpose, or verifying their content.
3. The Client is responsible for configuring and managing the purchased service independently (email account configuration, DNS settings, database management, website, etc.).
4. The Client has the option to purchase additional services described on the website https://puq.pl/knowledgebase/1/Uslugi-dodatkowe.html, including ongoing support for the basic service.
5. The Client is responsible for secure access to their services. They should also adhere to password protection rules and protect their account for managing the purchased services from third parties. The Client bears full responsibility for unauthorized access to their account or actions by unauthorized persons, including all consequences of such actions, such as unauthorized changes, data loss, or disclosure by third parties.
6. The Client undertakes to:
   1. Provide accurate personal data when ordering the service.
   2. Comply with the provisions of these Terms and Conditions.
   3. Timely settle payments for ordered services.
   4. Use the Services in accordance with their intended purpose.
   5. Immediately notify the Data Processor of any cases of non-functioning or irregularities in the operation of the Services.
   6. Inform the Data Processor of any changes that may affect the provision of the Services, in written or electronic form.
   7. Promptly notify the Data Processor of any changes in the Client's contact information necessary for issuing invoices and deliveries.
   8. Cooperate with the Data Processor in the event of any judicial or extrajudicial disputes with third parties seeking claims against the Data Processor in connection with services provided to the Client.
7. The Client agrees to ensure the continuous updating of the systems used by them on the Data Processor's infrastructure to the latest available versions and acknowledges that failure to do so may result in incorrect operation or even the blocking of the Service's correct operation, not resulting from the Data Processor's fault.
8. Before updating the system, the Client should ensure that this hosting service meets the system requirements after the update.
9. It is prohibited to provide or place in the Data Processor's infrastructure any content that is unlawful, offensive, false, misleading, contains viruses, or may cause disruptions or damage to computer systems.
10. The Client undertakes not to exceed the limit of 200,000 files and 5,000 created directories in the purchased service. The need for placing a larger number of files requires the purchase of private services. In the event of the Client's refusal to switch to Private services, the Data Processor reserves the right to suspend the provision of the service in accordance with the provisions of § 5.3.
11. In the case of the necessity to purchase peripheral devices, network devices, or software necessary for the proper operation of the service, it is the responsibility of the Client. The Data Processor is not responsible for the Client's possession of licenses from an unauthorized source or the lack thereof. The Client bears full responsibility for possessing the necessary licenses.

§7 Obligations and Liability of the Service Provider

1. The Service Provider is obliged to provide the Service in a proper, continuous, and compliant manner in accordance with the provisions of these terms and conditions.
2. The Service Provider is responsible for ensuring the technical conditions on their side that enable the provision of the purchased Services to the Client.
3. The Service Provider agrees to resolve any service-related issues reported by the Client.
4. The data placed in the Service Provider's infrastructure by the Client during the use of the Services are stored by the Service Provider during the active Service and after its termination in accordance with applicable law. After this period, the data is permanently deleted from the Service Provider's servers.
5. The Service Provider is only responsible for the proper functioning and availability of the purchased service, i.e., web server and email. The status of the Service Provider's network can be checked at: https://puqcloud.com/serverstatus.php
6. The Service Provider is not liable for:
   1. Any interruptions in service caused by the actions or omissions of third parties, including telecommunications service providers for the Service Provider.
   2. Service delivery interruptions due to force majeure, natural disasters, or other circumstances for which the Service Provider is not responsible, in accordance with applicable laws and regulations.
   3. The consequences of the Client's failure to perform or incorrectly perform updates to their computer systems (e.g., web applications) using the Service Provider's infrastructure.
   4. The consequences of violating the provisions of the terms and conditions.
   5. The consequences of the Client's improper use of the Services or actions by third parties acting on their behalf, particularly resulting in equipment failure, damage, operating system issues, software issues, loss or destruction of the Client's data.
   6. The consequences of unauthorized access to the Client's account by third parties, if those individuals obtained the information as a result of its disclosure by the Client or due to insufficient security measures.
   7. The consequences of the Client's use of downloaded information, content, software, and other materials from an unauthorized source that is not provided by the Service Provider.
   8. Lost profits incurred by the Client.
   9. Other events beyond the control of the Service Provider.
7. The liability of the Service Provider towards the Client is limited to the equivalent value of the fee paid by the Client for the purchased Service.

§8 Invoices, Bills, Payments

1. Upon receipt of the advance payment based on the pro forma document, the Service Provider issues a VAT invoice to the Client. The VAT invoice is sent to the Client electronically within 7 days from the date of confirmation of payment of the Subscription Fee to the Service Provider's designated bank account as stated in the pro forma document or immediately in the case of online payment.
2. All documents, including unpaid pro forma invoices and VAT invoices, are available in the Client panel at https://puqcloud.com
3. If a Client using Hosting Services does not inform the Service Provider of their intention to cancel the Subscription Period, the Service Provider sends a pro forma document to the Client electronically 7 days before the end of the subscription period.
4. Seven days before the end of the purchased subscription, the client will receive a pro forma invoice from the Service Provider's system, which should be paid by the end date of the current subscription.
5. Failure to pay the pro forma invoice on time will result in the cancellation of the service.
6. The Service Provider is not responsible for any consequences resulting from delays or delays in the registration of the Subscription Fee in the Service Provider's bank account caused by third parties, in particular postal service providers, banks, proxies, messengers, and others.
7. Cancellation of the service results in the termination of the Agreement: the server panel for the specific service, along with all data stored on the server, will be suspended and then deleted (for which the Service Provider is not responsible).
8. The amount of fees specified in the price list is guaranteed by the Service Provider on the day of ordering the service. Price changes do not apply to Clients with a paid subscription period until the end of that period.

§9 Domain registration

1. The provisions of these regulations determine the general rules for the provision of Hosting Services and domain support by the Service Provider, including their role as resellers of domain names.
2. The Service Provider, acting as a reseller, offers domain registration services through internetbs.net and HRD.pl (for the Polish market) registrars.
3. The Client acknowledges that domain registration and management services are provided by HRD.pl and internetbs.net, and therefore, the terms and conditions of these registrars apply to the domain-related services.
4. The Client understands and agrees that the Service Provider's responsibility is limited to facilitating the registration and management of domains through the designated registrars and does not extend to the specific terms, policies, or actions of HRD.pl and internetbs.net.
5. The Service Provider will provide necessary assistance and support to the Client in relation to domain-related services, including facilitating communication with the registrars and providing relevant information and documentation.
6. The Client acknowledges that the registration and use of domains are subject to the policies, regulations, and requirements imposed by the respective registrars and relevant domain name authorities.
7. Any disputes or issues arising from the registration or management of domains should be addressed directly with the appropriate registrar, HRD.pl or internetbs.net.
8. The Service Provider is not responsible for any actions, omissions, or consequences related to domain registration and management services provided by HRD.pl and internetbs.net, including but not limited to domain availability, renewal, transfer, or disputes.
9. The Client agrees to abide by the terms and conditions set forth by HRD.pl and internetbs.net when using their domain registration and management services.
10. In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and the terms and conditions of HRD.pl or internetbs.net, the terms and conditions of HRD.pl or internetbs.net shall prevail with respect to domain-related services.
11. The Client acknowledges that the Service Provider acts solely as a reseller of domain registration services and does not assume liability for any direct or indirect damages or losses resulting from the use of domain names registered through HRD.pl or internetbs.net.
12. The Service Provider reserves the right to change the designated registrars for domain services and will notify the Client in advance of any such changes.
13. The provisions of these Terms and Conditions, including the sections related to domain registration and management, shall apply in conjunction with the other provisions governing the Hosting Services provided by the Service Provider.

§10 Reporting Service Issues

1. The Client has the right to report issues through the ticketing system in the client panel at https://puqcloud.com
2. The report can only concern the purchased service.
3. Unless otherwise stated in the Terms and Conditions of the provided service, the Provider guarantees a service availability level of 99% over the course of a year. In the event of service interruptions exceeding the acceptable downtime during the paid subscription period, the Provider will extend the subscription period by 2 days for every 24 hours of cumulative downtime.
4. The following periods are not included in the calculation of the service unavailability that determines the SLA parameter:
   1. Downtime caused by force majeure events.
   2. Downtime caused by planned maintenance, provided it does not exceed 8 hours at a time and does not occur more than five times within a consecutive 12-month period of service usage.
   3. Downtime resulting from actions taken by PUQ Sp. z o.o. as required by applicable laws, particularly in matters of defense, state security, and public safety and order.
5. In the event of a problem accessing the services, confirmed by the relevant information on the service status page at https://puqcloud.com/serverstatus.php, the Client must promptly submit a report through the panel at https://puqcloud.com, but no later than when the service status returns to normal. Failure to report the issue within the specified timeframe will result in the Client forfeiting any claims against the Provider, including claims for issue resolution, payment reduction for the period of the occurrence, and any compensation claims.
6. Each report should be submitted by the Client through the panel at https://puqcloud.com. Phone and email reports will not be considered unless the panel at https://puqcloud.com is not functioning and prevents the creation of a new report. In such cases, the Client may make a phone report by calling: 22 525 3333.
7. The Client is required to include the following information in the service report:
   1. Indication of the relevant service (field: "related service").
   2. Detailed description of the problem or issue.
   3. Identification data of the User account and the service to which the report pertains.
8. The Provider undertakes to address the reports filed by the Client as quickly as possible. In the event of a service disruption on the Provider's side (as indicated on the service status page at https://puqcloud.com/serverstatus.php), rendering the service unusable, the Provider will promptly resolve the issue. The Provider will address the issue as follows:
   1. Free of charge if the issue is solely caused by factors within the control of the Provider, the Provider's Network, or the Equipment and is not a result of the Client's violation of the terms and conditions.
   2. At a cost in all other cases.

§11 Final Provisions

1. Both the Provider and the Client, during the provision of Hosting Services and additional services, are obliged to comply with the applicable legal regulations.
2. If any provision of the Terms and Conditions refers to the address of the Provider, it should be understood as: PUQ Sp. z o.o., ul. Szczesna 26, 02-454 Warsaw.
3. The applicable law for these Terms and Conditions is Polish law.
4. Any disputes will be settled amicably, and in the event of failure to reach an agreement, the matter will be submitted to the competent court according to the Provider's registered office.
5. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and relevant laws shall apply.
6. PUQ reserves the right to make changes to the Terms and Conditions at any time, provided that such changes do not affect the rights acquired by clients prior to the introduction of the changes.
7. Any changes to the Terms and Conditions will be published on the PUQ website. The Client is obliged to regularly review the content of the Terms and Conditions to stay informed about any changes.
8. In the event of any misunderstandings or disputes between PUQ and its clients, the parties will attempt to resolve them through negotiation and conciliation. In the absence of an agreement, the dispute will be resolved by the competent court.
9. These Terms and Conditions come into effect upon their publication on the PUQ website and remain valid until changed or revoked by PUQ.
10. In matters not regulated by these Terms and Conditions, the relevant provisions of the law apply.
11. These Terms and Conditions are available on the PUQ website.