Conditions d’utilisation

Terms of Business

of the company

CE Online Systems s.r.o.

with registered office at Prague 10 - Hostivař, Sodomkova 1579/5, postcode 10200

Company registration number: 242 09 813

Registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 17856

for the provision of the service “SnackHost”

 

1. INTRODUCTORY PROVISIONS

1.1. These Terms of Business (‘Terms of Business’) regulate, in accordance with section 1751 (1) of Act no. 89/2012 Coll., Civil Code (‘Civil Code’), mutual rights and obligations between the company CE Hosting Services a.s., with registered office at Prague 10 - Hostivař, Sodomkova 1579/5, postcode 10200, company registration number: 242 09 813, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 17856 (‘Provider’) and other natural and legal persons (‘User’) arising from contracts concluded via the Provider’s website (‘Website’), i.e.:

1.1.1. From contracts for the provision of cloud hosting services to the User providing for rental of (virtual) space on hardware (server) and administration of such hardware (server), basic administration of computer programs located on this hardware (server), connection of such hardware (server) to the internet for the purpose of operation of the User’s website or web application (‘Internet Page’) and an email facility including related optional services (‘Cloud Hosting Service’);

1.1.2. From contracts for the provision of cloud hosting services to the User providing for rental of virtual server(s), in particular rental of hardware equipment and arranging the connection of such hardware equipment to the internet, where the features of such virtual server are dependent on the settings selected by the User, including related optional services (‘Cloud Server Service’);

1.1.3. From contracts for the provision of services related to domain names (clause 8);

1.1.4. From contracts for the procurement of SSL certificates by the Provider (clause 9).

(‘Contract for the Provision of Services’). Unless circumstances imply otherwise, the Cloud Hosting Service and the Cloud Server Service shall hereinafter be referred to collectively as a ‘Service’ or ‘Services’.

1.2. Data Protection Rules form an inseparable part of the Contract for the Provision of Services. The provisions of the Terms of Business form an inseparable part of the Contract for the Provision of Services. The Contract for the Provision of Services, including the Data Protection Rules and the Terms of Business, are executed in Czech and English language. A Contract for the Provision of Services may be concluded in Czech and English language.

1.3. The Provider may amend the Terms of Business. These amendments shall not affect rights and obligations arising from the previously effective version of the Terms of Business. Once the User has agreed to the new version of the Terms of Business, the previous Terms of Business cease to be effective and the new version of the Terms of Business becomes an inseparable part of a Contract for the Provision of Services.

 

2. REGISTRATION AND USER ACCOUNT

2.1. The User shall register by completing a registration form on the Website and sending those details to the Provider by clicking the button (‘Registration Request’).

2.2. Following receipt of a Registration Request by the Provider, the Provider shall send to the email address specified by the User in a Registration Request information necessary in order to activate a user account.

2.3. Once registered on the Website, the User may access their user interface located at the internet address www.snackhost.com. The User may use their user interface to order services, manage their details, manage services in a specified manner (via an administration system) (‘User Account’).

2.4. When registering on the Website, the User shall provide only correct and true details. The User shall update the personal details provided in the User Account every time they change in any way. The Provider shall deem the details provided by the User in the User Account to be correct.

2.5. Each User may have only one User Account. The User shall not be entitled to allow the use of the User Account by third parties.

2.6. Access to a User Account is secured with a username (email address) and a password. The User shall treat as confidential information required in order to access their User Account; the User acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the User.

2.7. The Provider may block the User from using their User Account (and the Service), in particular in the event that the User breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business) or if the User does not use their User Account for longer than six (6) months.

 

3. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES

3.1. Individual services offered by the Provider including the amount of the Provider’s remuneration for the provision of individual services are specified on the Website (in the User’s User Account). The amount of the Provider’s remuneration is specified inclusive of all taxes and fees.

3.2. Section 1732 (2) of the Civil Code shall not apply.

3.3. An offer to conclude a Contract for the Provision services is made by the User by selecting a service and its features and sending these details to the Provider by clicking the button (‘Order’).

3.4. Before sending an Order to the Provider, the User shall be able to check and amend details inserted into the Order as per the User’s entitlement to correct errors made when inserting data into an Order.

3.5. For the purposes of the Terms of Business, the details provided by the User in a Registration Request are deemed to be correct.

3.6. The Provider shall confirm their receipt of the Order to the User without undue delay; such confirmation shall be sent to the email address specified in the User’s User Account (‘User’s Address’). Clause 3.7 of the Terms of Business is not hereby affected.

3.7. Upon their receipt of an Order, the Provider shall send an acceptance of the Order to the User’s Address, or they shall activate the Service which has been ordered (‘Acceptance’). A Contract for the Provision of Services shall be concluded as soon as the User has received the Acceptance.

3.8. In circumstances where the User is a consumer, the User agrees that the Provider may start performing the Contract for the Provision of Services immediately after its conclusion and before the statutory period for a withdrawal from the Contract has expired. A User who is a consumer acknowledges that by giving consent according to the previous sentence they shall forfeit their right to withdraw from a Contract for the Provision of Services which is performed by the Provider prior to the expiry of the statutory period for a withdrawal from the Contract, in particular the right to withdraw from the Contract for the Provision of Services in relation to Services concerning domain names (clause 8) and procurement of SSL certificates (clause 9).

3.9. The User acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services, in particular with persons who have previously substantially breached their contractual or other obligations towards the Provider.

3.10. The User consents to the use of means of distant communication for the purposes of a conclusion of a Contract for the Provision of Services. Any expenses incurred by the User when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. costs of internet connection) shall be borne by the User; such expenses shall not differ from the basic rate.

 

4. CLOUD HOSTING SERVICE – SPECIAL PROVISIONS

4.1. Internet Pages placed by the User in the Cloud Hosting Service are operated by the User (at the User’s responsibility). The Provider may inform third parties and public authorities of the identity of the operator of the Internet Pages.

4.2. Internet Pages placed by the User in the Cloud Hosting Service must not focus on provision of multimedia content.

4.3. Some characteristics of the Cloud Hosting Service may change whilst a Contract for the Provision of Services is effective. The User acknowledges that, in particular in circumstances when the User’s Internet Pages are operated on their domain, the User’s cooperation is required in order to operate the Internet Pages.

4.4. The volume of data transmitted and saved by the User in the Cloud Hosting Service is monitored and may be limited. In the event that the User exceeds the usual volume of transmitted or saved data when using the Service, the Provider may limit the extent of the Service being provided.

4.5. The User acknowledges that the Provider shall bear no responsibility for the settings selected by the User in the Cloud Hosting Service.

 

5. CLOUD SERVER SERVICE – SPECIAL PROVISIONS

5.1. The User may set and change the features of the Cloud Server Service (characteristics of the virtual server); these features include:

5.1.1. Number, extent or capacity of hardware which the User intends to use (rent) as part of the Cloud Server Service, i.e. selecting the number of processors (CPU), extent of the operating memory to be used (RAM) and size of space on the hard disc (HDD) (‘Hardware Devices’);

5.1.2. Volume of data transmissions from the rented Hardware Devices to the internet (‘Data Transmissions’) which the User is interested in using as part of the Cloud Server Service;

5.1.3. Computer programs which the User wants to use on the rented Hardware Devices.

5.2. The minimum of Hardware Devices which the User must use as part of the Cloud Server Service in any given moment (for the operation of the virtual server) and the maximum of Hardware Devices and Data Transmissions which the User may use as part of the Cloud Server Service in any given moment are listed on the Website and in the User Account. The User acknowledges and agrees that in the event that the User wants to change the features of the Cloud Server Service in order to use more Hardware Devices, the requested Hardware Devices may not be available.

5.3. If the relevant setting is selected by the User in their User Account, the Provider shall provide to the User by way of a Contract for the Provision of Services the entitlement to exercise the right to use the computer program of the company Microsoft Corporation, with registered office at One Microsoft Way Redmond, WA 98052-6399, United States of America (‘Microsoft’) specified by the User in the User Account (‘Software’); in a Contract for the Provision of Services, the User undertakes to pay to the Provider remuneration specified in the Provider’s price list in return for the provision of the sub-licence. Other rights and obligations of the parties relating to the use of the Software by the User are governed by these Terms of Business, licence terms specified by Microsoft called “End User License Terms” and a separate contractual agreement between the Provider and the User (‘Microsoft Licence Terms’). Microsoft Licence Terms form Schedule no. 1 and an inseparable part of the Terms of Business. The use of other computer programs by the User (other than the Software) offered as part of the Service is governed by separate contractual agreements between the User and the bearer of rights to such computer programs.

5.4. The volume of Data Transmissions from the server to the internet which the User may use in a calendar month is specified by the so-called data account of the User. In their data account, the User may, in a calendar month, carry out Data Transmissions from the server to the internet up to the maximum volume specified in the Provider’s price list; if the User starts using Data Transmissions once a calendar month has started, the volume of Data Transmissions from the server to the internet in such a calendar month may be calculated on a pro rata basis in accordance with the number of days remaining before the end of such calendar month (‘Data Account’). The Provider’s remuneration for Data Transmissions from the server to the internet in excess of the Data Account is governed by clause 11.3 of the Terms of Business.

5.5. The total accessibility of the Cloud Server Service is 99.5 % per month; for the purposes of the Terms of Business, accessibility of the Cloud Server Service means that the Cloud Server Service is not subject to a fault (clause 6.4).

5.6. The User acknowledges and agrees that the performance of the hard disk (HDD) as part of the Cloud Server Service, including the number of entry exit operations (IOPS) of such a hard disk may change from time to time whilst the Cloud Server Service is being used.

5.7. If, in a specific month, the provision of the Cloud Server Service is interrupted due to a fault of the Cloud Server Service caused by the Provider for a total period lasting longer than the difference between the total duration of the month and the percentage of this period specified in clause 5.5 of the Terms of Business as the total accessibility of the Cloud Server Service per month, the User shall be entitled to substitute credit for each started hour of the duration of the fault of the Cloud Server Service. Substitute Credit due to the User for each started hour of the duration of the fault of the Cloud Server Service according to the previous sentence is 5% from the average monthly remuneration paid by the User for the period from the conclusion of the Contract for the Provision of Services until the end of the calendar month preceding the calendar month in which the right to the payment of the substitute credit arose. Substitute credit will be paid to the User on the basis of a written request sent by the User by email specifying when the fault(s) of the Cloud Server Service giving rise to the payment of substitute credit occurred.

5.8. The User acknowledges that unless agreed with the Provider otherwise, the Provider does not back up data saved in the Cloud Server Service by the User. The placement of data on Hardware Devices by the User as part of the Cloud Server Service shall thus be exclusively at the User’s own risk and responsibility.

5.9. The User acknowledges that the Provider shall bear no responsibility for the settings (features) of the Cloud Server Service selected by the User in their User Account.

5.10. When using the Cloud Server Service, the User may not:

5.10.1. Change the MAC address of the network interfaces; the User may only use the IP address assigned to them;

5.10.2. Run the DHCP server;

5.10.3. In any way interfere with the activities of the hypervisor managing virtual servers, in particular try to change the limitations of the Cloud Server Service (system tools assigned to them) or try to exceed such limitations;

5.10.4. Act in an way which would result in a breach of licence terms of computer programs operated on the (virtual) server, including the licence terms of the operating system;

5.10.5. Uninstall paravirtualised drivers from the pre-installed operating system;

5.10.6. Not have paravirtualised drivers installed as part of the Service.

 

6. COMMON PROVISIONS RELATING TO THE PROVISION OF THE CLOUD HOSTING SERVICE AND THE CLOUD SERVER SERVICE

6.1. As part of providing the Service, the Provider shall carry out supervision and provide the User with technical support. The Provider further provides the User with user support relating to technical settings of the Service in an appropriate extent. If the Service is not functional, the Provider shall provide the User with support in the User Account via a socalled ticketing system. The Provider does not provide technical support in respect of operating systems or other computer programs used by the User.

6.2. The Provider undertakes to implement from time to time at their discretion measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of the Service. In connection with the performance of this obligation, the provider may carry out planned shutdowns of the Service for the purpose of checking, maintenance or change of hardware, or setting or upgrade of computer programs (‘Service Shutdown’). In most cases, Service Shutdowns will be carried out on average in the extent of two (2) hours per month; in the event that the Provider does not make use of their right to a Service Shutdown to this extent in a specific month (specific months), the Provider may increase the duration of a Service Shutdown in the following months by this unused period (for the purpose of time demanding measures).

6.3. In the event of a planned Service Shutdown, the Provider will notify the Shutdown to the User in advance by sending an email to the User’s Address. If the nature of the Service Shutdown so allows, the Provider shall, if they are able, carry out the Service Shutdown during a period of low usage of the Service (on weekends, at night, during holidays).

6.4. The provision of the Services may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Services. In the event of a fault in the provision of the Service, the Provider undertakes to make the necessary effort to rectify the fault of the Service. A fault of the Service is a fault which causes an interruption in the accessibility of the Service or such change of the parameters of the Service which results in a verifiable deterioration of the Service. Limitation or interruption of the Service caused by actions of the User or another person who the User allowed to access the Service, or resulting from unprofessional or unauthorised actions of the User or another person who the User allowed to access the Service is not a fault of the Service. Temporary interruptions or limitations of the Service resulting from defects of equipment used by suppliers of telecommunication connections, defects of equipment used by suppliers of electricity or interruptions or limitations of the Service caused by a DNS (denial of service) attack or another attack of a third party on the server are not a fault of the Service. A Service Shutdown is not a fault of the Service (‘Service Fault’).

6.5. In the event that an interruption in the provision of the Service has been caused by reasons on the part of the User, the User undertakes to reimburse the Provider for the costs of rectifying the interruption. In other cases, the costs of rectifying the interruption in the provision of the Service shall be borne by the Provider.

6.6. The Provider may provide the Service via third parties.

 

7. COMMON PROVISIONS RELATING TO THE USE OF THE CLOUD HOSTING SERVICE AND THE CLOUD SERVER SERVICE

7.1. The User may allow third parties to use the Service. The User undertakes to ensure that a third party whom the User has allowed to use the Service will, when using the Service, comply with the User’s obligations arising from a Contract for the Provision of Services and from generally binding legislation; the User shall be liable for a breach of such obligations to the Provider in the same way as if they have been reached by the User. In the event that such a third party causes the Provider to suffer loss, the User undertakes to compensate the Provider for such loss.

7.2. The User may not use the User Account or the Service in a manner which would disproportionately restrict the use of these Services by other customers of the Provider or otherwise disproportionately hinder the Provider.

7.3. When using the Service, the User may not save and/or allow transmission of information the content of which is contrary to generally binding legislation or accepted moral standards effective in territories where the Service is accessible, in particular content which, if made accessible to the public, would:

7.3.1. Infringe on the rights of an author or rights related to the rights of an author belonging to third parties, for instance computer programs (including computer games) made accessible in an unauthorised manner, tools used for modifying computer programs in an unauthorised manner (so-called cracks) etc.;

7.3.2. Breach laws that govern the handling of pornographic materials;

7.3.3. Breach laws in the field of regulation of lotteries and other similar games (including advertising in this area);

7.3.4. Breach laws for the protection from hatred against a nation, ethnic group, race, religion, social class or another group of people or from limitation of rights and freedoms of their members.

7.4. In the event that generally binding legislation states that the content of the Internet Pages must not be made accessible to a specific group of people (such as children), the User shall implement all possible measures to ensure that the generally binding legislation is complied with.

7.5. The User may not disseminate unrequested commercial messages when using the Service or otherwise use the Service to send unsolicited email (spam) or other bulk email.

7.6. When using the Service, the User may not save information which noticeably resembles services or applications of third parties for the purpose of confusing or misleading internet users (phishing).

7.7. When using the Service, the User may not save information damaging the Provider’s goodwill or legitimate interests (including hypertexts links to content damaging the Provider’s goodwill or legitimate interests).

7.8. When using the Service, the User may not disseminate computer viruses.

7.9. When using the Service, the User may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment or safety of the internet or other internet users. The User may not use the Service is a manner which could lead to overloading of the internet or the Provider’s data network resulting in a decrease of speed of Data Transmission or a partial or total outage of such networks.

7.10. In the event that the User’s application which the User operates as part of the Service has a technical defect (e.g. a code error) and the User is notified of this defect by the Provider, the User shall remove the defect without undue delay and no longer than 24 hours from receiving such notification. If the User is not able to remove the defect within this time limit, the User shall remove the entire application containing such a defect. If the User does not rectify the situation, the Provider may suspend the provision of the Service to the User until the User has removed the defect. In the event that the User’s application which the User operates as part of the Service has a technical defect (e.g. a code error) which causes the Provider’s server to be overloaded or causes another abnormality in the operation of the Provider’s server, the Provider may suspend the provision of the Service to the User until the User has removed the defect.

7.11. The User acknowledges that the Provider shall bear no responsibility for the content of information saved by the User as part of the Service. The User further acknowledges that the Provider shall not be responsible for the User’s unlawful conduct when using the Service (e.g. breach of trademark rights or company name rights) and that the Provider may be required to remove unlawful information saved by the User or other persons in connect with the Service if the Provider finds out that they are unlawful.

7.12. The Provider is entitled (but not obliged) to preventatively check information disseminated by the User when using the Service. In the event that the content of this information could breach a Contract for the Provision of Services (including the Terms of Business), generally binding legislation or common standards of morality, the Provider may delete this information or prevent this information from being disseminated; the Provider may further withdraw from the Contract for the Provision of Services. In the event that any third party asserts their rights against the Provider in connection with the saving or dissemination of information saved or disseminated by the User when using the Service, the Provider may immediately delete the content of the information saved or disseminated by the User when using the Service.

7.13. In the event that a third party asserts their rights against the Provider in connection with the performance of a Contract for the Provision of Services, the User undertakes to hand over to the Provider without undue delay any documentation and materials necessary for a successful defence of the third party’s claim. In the event that such a third party claims that the saving or dissemination of information saved or disseminated by the User when using the Service has breached their rights, in particular their rights to objects protected by copyright, or that unfair competition has taken place, the User undertakes to reimburse the Provider for any legitimate expenses incurred by the Provider in connection with the dispute with such a third party.

7.14. In the event that the Provider suffers any loss in connection with an unlawful conduct of the User (including public law penalties and expenses and costs of the Provider relating to this unlawful conduct), the User undertakes to compensate the Provider for this loss no later than thirty (30) days from the date when this loss was incurred.

 

8. REGISTRATION, EXTENSION OF REGISTRATION, CHANGE OF REGISTRAR AND TECHNICAL ADMINISTRATION OF DOMAIN NAMES

8.1. Arrangement of a registration of domain names via the Provider’s contractual registrar, arrangement of an extension of a registration of a domain name, transfer of administration of domain names to the Provider’s contractual registrar (change of registrar) and technical administration of domain names (‘Domain Services’) shall be carried out by the Provider subject to the User’s instructions provided by the User in the User Account (‘Registration Instruction’). The Provider’s contractual registrar is a subject entitled to access in a defined manner a specific central register of domain names and make requests to amend records kept in the central register of domain names. Any change in the central register of domain names can be made only via the Provider’s contractual registrar. The User acknowledges only the Provider’s contractual registrar is a person entitled to amend central registers of domain names.

8.2. The Provider must not act as the technical administrator of domain names administered by the Provider’s contractual registrar. The User acknowledges that unless agreed otherwise, the Provider shall bear no responsibility for the functionality or settings of the User’s or third parties’ name servers or for an erroneous technical setting made by the User.

8.3. The Provider shall arrange a registration, an extension of a registration and operation of a domain name in accordance with Registration Instructions provided by the User from the User Account providing that the registration, extension of registration or operation of a domain name is not prevented by difficulties on the part of the User or on the part of third parties. The Provider shall arrange Domain Services only once the Provider’s remuneration for these services has been paid by the User.

8.4. The Provider shall arrange registration of domain names in the same order as the order in which it has received individual Registration Instructions. In order to use Domain Services properly or to otherwise deal with domain names properly, the User shall comply with the rules for registration of domain names.

8.5. Rights and obligations related to the holding of a domain name by the User are governed by a contractual agreement between the Provider’s contractual registrar and the User. The User acknowledges that the Provider shall bear no responsibility nor provide any guarantee of compliance with such rights or obligations arising from the legal relationship between the Provider’s contractual registrar and the User. The User undertakes to comply with rules prescribed by the Provider’s contractual registrar in relation to the registration and holding of a domain name. The User acknowledges the User must check for himself information regarding the time of registration of a domain name (including the expiry of such registration) and whether or not a transfer of administration of a domain name to the contractual registrar has taken place and that the Provider shall bear no responsibility for these matters. The User hereby authorises the Provider to consent to the terms of registration and operation of domain names used by the Provider’s individual contractual registrars.

8.6. The User acknowledges that a domain name, its registration or use may breach third party rights to other domain names, trademarks, commercial marks, names, company names or breach generally binding legislation relating to unfair competition, protection of personal rights, copyright etc. By applying for a registration, a holder confirms that, in the knowledge of a potential breach of these rights and legislation, they have made all effort which can be fairly be required of them to ensure that the domain name subject to the registration will not breach these rights and generally binding legislation.

8.7. The User acknowledges that more than one application may be made to register the same or a similar domain name by different persons to different registrars. In the event that one of the registrars carried out a registration for a different person earlier than the Provider for the User, it shall not be possible to carry out a registration of the domain name for the User irrespective of when the application for registration was made. In such an event, the Provider shall not be obliged to carry out the registration of the domain name.

8.8. When using Domain Services, the User shall provide all of their details necessary in order for the Domain Services to be provided correctly, in their entirety and accurately.

 

9. PROCUREMENT OF SSL CERTIFICATES

9.1. On the basis of the User’s instruction (‘Procurement Instruction’), the Provider shall procure for the User the issue of an SLL certificate by a third party (certifying authority); if needed, this can also be done by third parties (other intermediaries).

9.2. The User hereby authorises the Provider to conclude a contract between the User and a certifying authority or another personal in relation to the issuing of an SSL certificate to the User; in particular, the User authorises the Provider to conclude a contract with the company EnVers Group SIA, with registered office at Liesmas 4-24, Riga, Latvia, LV1058, company number LV41503048391, including consenting to the Terms of Business of this company on behalf of the User (www.gogetssl.com/terms-and-conditions).

9.3. Unless expressly agreed otherwise, an SSL certificate shall be issued by a third party (certifying authority) to the User for a period of one (1) year.

9.4. The User acknowledges that the Provider is an intermediary of the issuing of an SSL certificate and that the Provider thus bears no responsibility for the safety of the issued SSL certificate or for any misuse of an SSL key by a third party.

 

10. CREDIT

10.1. The Provider’s remuneration pursuant to a Contract for the Provision of Services shall always be paid by the User in the form of a subscription (‘Credit’); the up to date balance of the subscription shall be referred to as ‘Amount of Credit’.

10.2. The User may pay Credit by:

10.2.1. A bank transfer to the Provider’s account;

10.2.2. A payment card;

10.2.3. The payment system “PayPal” operated by the company PayPal (Europe) S.à r.l. & Cie, S.C.A.

10.3. Information required for a bank transfer payment including the (Provider’s bank account number and the variable symbol of the payment shall be received by the User in payment instructions displayed in the User’s User Account, or the Provider shall send them to the User’s Address. The user shall make payments in accordance with these instructions and include a variable symbol of the payment.

10.4. The Provider is a payer of VAT. In the event that, in accordance with generally binding legislation, Value Added Tax or another similar tax (‘VAT’) is to be added to the Provider’s remuneration for the provision of the Service, the User’s Credit shall always be topped up with an amount exclusive of VAT.

10.5. The User may use any of the Services only once Credit has been purchased. The Provider may delay the use of any Services until the relevant Credit amount has, in reality, been credited to the Provider’s account. In the event that Credit is paid by a payment card and the amount will not, in reality, be credited to the Provider’s account, the User shall pay Credit without undue delay (and may be requested by the Provider to do so) and in any event no later than within seven (7) days from ordering Credit by way of a payment card in the User Account. In the event that the User does not pay for Credit according to the previous sentence, the unpaid Credit shall be deducted from the User and the Provider shall be entitled to terminate the Contract for the Provision of Services. The Provider’s right to receive remuneration arising from the Contract for the Provision of Services (clause 11) is not hereby affected.

10.6. A minimum Amount of Credit is:

10.6.1. In relation to the Cloud Hosting Service, an amount equal to the Provider’s remuneration for providing the Cloud Hosting Service (in accordance with settings selected by the User in the User Account) for a period of one (1) day;

10.6.2. In relation to the Cloud Server Service, an amount equal to the Provider’s remuneration for providing the Cloud Server Service (in accordance with settings selected by the User in the User Account) for a period of one (1) day;

10.6.3. In relation to services concerning Domain Names, an amount equal to the Provider’s remuneration for the extension of a registration of a domain or domains (in accordance with settings selected by the User in the User Account) in a period during which the Provider is to extend such a registration;

10.6.4. In relation to services concerning the securing of SSL certificates by the Provider, an amount equal to the Provider’s remuneration for securing an extension of a certificate already issued or securing the issue of a new certificate (in accordance with settings selected by the User in the User Account) in a period during which the Provider is to provide this service.

10.7. Rights and obligations of the contractual parties relating to the minimum Amount of Credit and consequences of insufficient Amount of Credit are governed by clause 12 of the Terms of Business.

10.8. Once a Contract for the Provision of Services has been discharged, the Provider shall return remaining Credit to the User within thirty (30) days from the discharge of the Contract for the Provision of Services.

 

11. PROVIDER’S REMUNERATION AND PAYMENT TERMS

11.1. In return for the provision of the Service, the Provider shall be entitled to remuneration specified in the Provider’s price list effective on the day of the provision of the Service and dependent on the settings of the features of the Service made by the User in the user environment (dependent on the extent of the use of the Service). The Provider’s remuneration shall be deducted from the User’s Credit subject to the conditions below.

11.2. The Provider’s remuneration for Services shall always be paid for a calendar day in a daily amount specified in the Provider’s price list. The Provider’s right to receive remuneration for Services shall always arise at 00:01 am of the calendar day for which the remuneration is being paid. In the event that use of the Service starts in the course of a calendar day, the Provider shall be entitled to pro rata remuneration for this calendar day (according to the number of hours remaining until the end of the calendar day). In the event that use of the Service stops in the course of a calendar day, this fact shall have no effect on the amount of the Provider’s remuneration for Services for this calendar day (the Provider shall be entitled to full remuneration for this calendar day). For the purposes of this clause, Central European Time shall be used.

11.3. In return for providing Data Transmissions in excess of the Data Account (in excess of the maximum volume of Data Transmissions according to the Data Account), the Provider shall be entitled to remuneration specified in the Provider’s price list and calculated in accordance with the volume of Data Transmissions – number of GB (gigabyte) used by the User in excess of the Data Account. The Provider’s remuneration for Data Transmissions within the User’s Data Account (for topping up the Data Account) is specified in the Provider’s price list; such remuneration may be lower than remuneration for Data Transmissions in excess of the Data Account.

11.4. The Provider’s remuneration for the provision of a sub-licence to the Software shall always be payable per calendar month in a monthly amount specified in the Provider’s price list. The Provider’s right to receive remuneration for the provision of a sub-licence to the Software per calendar month shall always arise at 00:01 am of the first calendar day of the month for which the remuneration is being paid. In the event that the use of the Software by the User starts or ends in the course of a calendar day, this fact shall have no effect on the amount of the Provider’s remuneration for the provision of a sub-licence to the Software for this calendar month (the Provider shall be entitled to full remuneration for the provision of a sub-licence to the Software for this calendar month). For the purposes of this clause, Central European Time shall be used. Clause 11.5 of the Terms of Business is not hereby affected.

11.5. The Provider’s remuneration for the provision of a sub-licence to the Software called “Microsoft Windows 2008 Server Datacenter” (‘Microsoft Windows 2008 Server Datacenter’) shall always be paid for a calendar day in a daily amount specified in the Provider’s price list. The Provider’s right to receive remuneration for the provision of a sublicence to Microsoft Windows 2008 Server Datacenter shall always arise at 00:01 am of the calendar day for which the remuneration is being paid. In the event that use of Microsoft Windows 2008 Server Datacenter starts or ends in the course of a calendar day, this fact shall have no effect on the amount of the Provider’s remuneration for the provision of a sublicence to Microsoft Windows 2008 Server Datacenter for this calendar day (the Provider shall be entitled to full remuneration for the provision of a sub-licence to Microsoft Windows 2008 Server Datacenter for this calendar day). For the purposes of this clause, Central European Time shall be used.

11.6. The Provider shall be entitled to remuneration for Domain Services in an amount specified in the Provider’s price list effective on the day of the registration. Together with the Provider’s remuneration according to this clause, the User shall reimburse the Provider for expenses relating to Domain Services in an amount specified in the Provider’s price list effective on the day when the Provider incurs such expenses.

11.7. The Provider shall be entitled to remuneration for the procurement of an SSL certificate in an amount specified in the Provider’s price list effective on the day of the Procurement Instruction. Together with the Provider’s remuneration according to this clause, the User shall reimburse the Provider for expenses incurred when procuring an SSL certificate in an amount specified in the Provider’s price list effective on the day when the Provider incurs such expenses.

11.8. The Provider shall send a receipt of tax deductible expenditure – an invoice in electronic form to the User’s address or shall make it accessible in the User Account exclusively once the Provider’s account has been credited with the relevant Amount of Credit.

11.9. Any discounts from the remuneration for Services provided by the Provider to the User are of a onetime nature and cannot be carried forward to future periods or mutually combined.

11.10. In the event that the User’s payment is calculated incorrectly, the User has a right to dispute the payment. The Provider shall deal with such a dispute without undue delay and shall send a notification to the Client of the result of the dispute to the Client’s address.

 

12. MINIMUM AMOUNT OF CREDIT AND CONSEQUENCES OF INSUFFICIENT CREDIT

12.1. In the event that the Amount of Credit falls below the minimum Amount of Credit, the Service shall be automatically suspended so that the User is not able to use the Service from the first (1.) calendar day following the day when the Amount of Credit fell to or below the minimum Amount of Credit. In such an event, the deduction from the Basic Amount of Credit shall start. Once the User has topped up (paid) Credit above the amount which is a total of the Basic Amount of Credit and the minimum Amount of Credit, i.e. once Credit has been paid in an amount sufficient to pay for the Provider’s remuneration for the provision of the Service for a period of one (1) day, the Service will recommence.

12.2. In the event that the User’s Credit is fully used up, data saved by the User within the Service shall be deleted automatically on the first (1) calendar day following the day on which the Basic Amount of Credit was fully used up; the User acknowledges and consent to this.

12.3. In the event that Credit is not fully used up but its amount is insufficient to run the Service for a period of at least one (1) calendar day, the Provider shall return the Credit to the User at the User’s demand under the conditions laid down by clause 10.7 of the Terms of Business.

12.4. The User acknowledges that the Provider does not have to notify the User of insufficient credit or the fact the minimum Amount of Credit has been reached.

 

13. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPENSATION OF LOSS INCURRED BY THE USER

13.1. The rights and obligations of the contractual parties relating to the Provider’s liability for defects of Services are governed by the relevant generally binding legislation, in particular section 1914 et seq. of the Civil Code. Should the User’s request be resolved by following the procedure set out in clause 6 of the Terms of Business, the User shall exercise their rights against the Provider arising from the Provider’s liability for defects of the Service by writing to the Provider’s registered office address or by sending an email to the contact address (clause 17.8) (warranty claim). The Provider shall provide further details of the extent, conditions and means of applying the liability for defects of Services to the User when the provision of the Service starts.

13.2. The User acknowledges that the Service is not suitable for use in operations where significant or serious damage may occur and that the Provider shall not be liable for the results of activities for which the Service is used.

13.3. The User acknowledges that the Provider shall not be liable for defects of the Service arising from unauthorised interference with the User Account or use of the User Account or the Service contrary to their purpose.

13.4. The User further acknowledges that unless agreed otherwise, the Provider shall not be responsible for the functionality of the User’s data network, functionality of a public data network, functionality of the User’s hardware equipment, the state of the User’s software or for any potential interference by third parties with the User’s software.

13.5. Unless agreed otherwise, the Provider shall not be responsible for backing-up of data by the User.

13.6. The contractual parties have agreed that the Provider shall only be liable for breaches of their obligations which involve a fault on the part of the Provider.

13.7. In the event that the User suffers loss in connection with the Provider’s liability for defects of performance pursuant to a Contract for the Provision of Services, unless the Provider has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the Contract for the Provision of Services, to limit compensation for this potential loss suffered by the User so that the total compensation for loss including loss of profit shall not exceed the amount of one third of the Provider’s remuneration in reality paid by the User pursuant to a Contract for the Provision of Services in the previous year. The contractual parties state, taking account of all circumstances of the conclusion of the Contract for the Provision of Services, that the total foreseeable loss including loss of profit which may be incurred by the User due to defects of performance by the Provider shall not exceed the amount of one third of the Provider’s remuneration in reality paid by the User pursuant to a Contract for the Provision of Services in the previous year.

 

14. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

14.1. In their relationship to the User, the Provider shall not be bound by any codes of conduct within the meaning of section 1826 (1) (e) of the Civil Code.

14.2. The Provider handles out of court complaints made by consumers by way of a contact form located on the Website. The Provider shall send notification of an outcome of a complaint to the User to the User’s email address specified in the User Account.

14.3. The Provider is authorised to carry on business on the basis of a trade licence. Trade control is carried out by the respective trade authority within their jurisdiction. Supervision in the area of personal data protection is carried out the Office for Personal Data Protection.

 

15. DURATION OF A CONTRACT FOR THE PROVISION OF SERVICES

15.1. A Contract for the Provision of Services enters into effect as soon as it has been concluded.

15.2. A Contract for the Provision of Services relating to Cloud Hosting Services and Cloud Server Services shall be concluded for an indefinite period of time. Clause 12 of the Terms of Business is not hereby affected.

15.3. In the event that the User breaches an obligation arising from the Contract for the Provision of Services (including the Terms of Business) or breaches generally binding legislation, the Provider may terminate a Contract for the Provision of Services by way of a termination notice sent to the User’s email address specified in the User Account. Unless agreed otherwise, a Contract for the Provision of Services shall be discharged when such notice becomes effective.

15.4. Once a Contract for the Provision of Services has been discharged, the Provider may remove all data (information) belonging to the User or third parties which has been saved within the Service.

15.5. The User, who is a consumer, has a right pursuant to section 1829 (1) of the Civil Code to withdraw from a Contract for the Provision of Services within the period of fourteen (14) days of the conclusion of the Contract. Clause 15.6 of the Terms of Business is not hereby affected. In order to withdraw from a Contract for the Provision of Services, the User may use the template form which forms Schedule no. 2 to the Terms of Business. If the User withdraws from a Contract for the Provision of Services in accordance with this provision, the User shall pay to the Provider a proportionate part of the agreed remuneration for performance provided up to the moment of withdrawal from the Contract.

15.6. The User who is a consumer acknowledges that they may not, inter alia, withdraw from such Contract for the Provision of Services which has been performed with their express consent prior to the expiry of the period for withdrawal from the Contract (clause 3.8).

 

16. SERVICE – LEGAL CONDUCT

16.1. Unless agreed otherwise, all correspondence regarding legal contact relating to a Contract for the Provision of Services must be served on the other contractual party in writing by email. The User is served at the User’s Address (email address specified in their User Account).

16.2. Where service by email applies, a message shall be served in the moment of its acceptance by the server of incoming mail.

 

17. FINAL PROVISIONS

17.1. If a relationship related to the use of the Website or a legal relationship arising from a Contract for the Provision of Services contain an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code.

17.2. For the purposes of relationships between the Provider and the User:

17.2.1. The use of respected trade customs within the meaning of section 558 (2) of the Civil Code shall be excluded in circumstances where the User carries on a business;

17.2.2. Section 1763 of the Civil Code shall be excluded;

17.2.3. Sections 1799 and 1800 of the Civil Code shall be excluded in circumstances where the User carries on a business.

17.3. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.

17.4. In accordance with section 1752 of the Civil Code, the contractual parties agree that the Provider may unilaterally amend the Terms of Business in a reasonable extent. The User shall be notified of the amendment to the Terms of Business by email sent to their address specified in the User Account. The User may reject the amendment to the Terms of Business and thus terminate a Contract for the Provision of Services within the notice period, which is one (1) month.

17.5. The Provider may assign the rights and obligations arising from a Contract for the Provision of Services to a third party and the User agrees to this.

17.6. The following form an inseparable part of the Terms of Business:

17.6.1. Schedule no. 1 – Microsoft Licence Terms;

17.6.2. Příloha č. 2 - Schedule no. 2 - Form for a withdrawal from a Contract for the Provision of Services by a consumer.

17.7. A Contract for the Provision of Services including the Terms of Business shall be archived by the Provider in electronic form and it shall not publicly accessible.

17.8. The Provider’s contact details are: email address info@snackhost.com.

 

In Prague on 1/1/2016,

CE Online Systems s.r.o.

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