In the event of any discrepancy in the translation, the original (Polish) version of this document is binding on the parties.
These Regulations set out the principles for the provision of services by Servizza Group, offered at the address servizza.com (and: servizza.pl, servizza.eu, etc.). Please read carefully to ensure you understand our terms and conditions before purchasing any product or service.
Definitions
1. Regulations or Contract – this document, which is a model agreement concluded between Servizza and the Customer, specifying the rules for the use of services provided by Servizza and the use of these services by the Customer, using the provision of services by electronic means in accordance with Article 8(3) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013, item 1422, as amended).
2. Servizza or Servizza Group – Servizza PL Sp. z o.o. Sp.k. with its registered office in Katowice (40-082), Jana III Sobieskiego 11/E6, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice-Wschód, VIII Commercial Department of the National Court Register under the number KRS: 0000694232, NIP: PL6342904972, REGON: 368219621, represented by the General Partner – Servizza PL Sp. z o. o. with its registered office in Katowice (40-082) Sobieskiego 11/E6 Street, entered in the register of the National Court Register under KRS number 0000680812, NIP PL6342896468, REGON 367420195, as well as business entities financially dependent or owned by Servizza, in particular subsidiaries, having in their name the phrase 'servizza’, such as: Servizza DE Gmbh, Servizza UK Ltd.
3. Service – the service provided by Servizza to the Customer, activated when Servizza confirms acceptance of the order placed by the Customer or Servizza’s intermediation for the Customer in the sale of third party services, such as Domain registration.
4. User – a natural person having the capacity to enter into legal transactions and conducting a business or analogous activity, a legal person or an organisational unit without legal personality, but capable of acquiring rights and incurring obligations in its own name.
5. Customer – a registered User who has ordered a Service from Servizza by completing and submitting an Order and has completed all required formalities (including full registration of required data and fees) and has thereby entered into an agreement with Servizza to provide the relevant Service.
6. Order or Commission – a declaration of intent made by the User by completing and submitting electronically the appropriate form made available by Servizza, aimed directly at concluding an Agreement with Servizza, together with acceptance of the content of the Regulations.
7. Servizza worker – A person working within Servizza’s structures, authorized to access Servizza’s technical resources at levels L1-L3.
8. Server – a physical device or part of its resources making the relevant Services available to the Customer and managed by a Servizza Employee.
9. Domain – unique website name, i.e. an alphanumeric string of characters, including a period-separated ending, registered or capable of being registered in the IT systems of the relevant Domain Registrar.
10. Domain Registration – purchase and maintenance of a Domain, together with nameservers in the main zone corresponding to a given domain endpoint.
11. Domain transfer – the possibility for the Client to transfer the operation of the Domain, i.e. administration and financial settlements, from another operator to Servizza or vice versa.
12. Domain Registrar – the superior entity or organization that is responsible for the registration and management of the Domain.
13. Transfer or Movement package – the available limit of data transfer from and to the Internet defined in the specification of the offered service, calculated on the basis of server logs or at the TCP/IP layer. It includes all protocols used by the Customer (e.g.: http, pop3, imap, smtp, ftp, etc.).
14. Spam – unsolicited information sent to the addressee by electronic means, such as advertisements, commercial offers, etc., especially in a manner that violates the relevant legal regulations in this regard.
15. Personal Data Administrator (PDA) – Servizza, to the extent it processes personal data of Users and Customers, under the conditions indicated in these Regulations and the Security Policy in accordance with the regulations of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and other specific provisions.
16. Security Policy – a document of that name, made available on Servizza’s website, which is an appendix to the Terms and Conditions.
17. Data Entrustment Agreement – document of that name, made available on the Servizza Contractors’ websites.
18. Leading authority – the supervisory authority Servizza (the Board), which is also the central administration of the PDA in the European Union, i.e. the place where decisions are taken on the purposes and means of processing personal data.
Customer account registration
1. Ordering of the Service is done electronically by completing and submitting the Order available on Servizza’s website. Registration may also be done in writing by completing and submitting the appropriate form to Servizza.
2. During the registration the Customer provides complete data, consistent with reality.
3. By placing an Order, the Customer declares that he/she has read and accepted the content of the documents that relate to the Service ordered, in particular the Regulations, the specification and the price of the service offered, and agrees that Servizza may process the data provided only to the extent and for the purpose of providing the Services by Servizza, administrative and statistical purposes, in accordance with the relevant legal regulations. Details relating to the processing of personal data by Servizza are contained in the Privacy Policy, available on Servizza’s website.
4. By ordering the Service, the Customer thereby authorises Servizza to send by post, including by email, information about the Servizza Group’s offerings.
5. The contract for the provision of a particular Service by Servizza shall be concluded upon confirmation to the Customer of acceptance of the Order by sending a message to the e-mail address indicated by the Customer in the relevant form.
6. Activation of the Service for the Customer takes place immediately, no later than within 24 hours after Servizza has confirmed acceptance of the order and/or after the fee applicable to the relevant Service has been credited, of which the Customer shall be informed by means of a message sent to the email address indicated in the relevant Order Form.
7. The Agreement is made for the duration of the Service in accordance with its specifications, from the time the Servizza system posts the payment for the Service ordered.
8. Servizza’s Services are directed exclusively to the so-called Business Client. Servizza has the right to ask the Client to provide registration documents of the Client’s company or organization.
9. The Customer undertakes to update or inform Servizza of any change in the address details and all other details provided in the Order in the event that they change in the course of using the Services. Otherwise, Servizza shall be fully entitled to consider that the data registered in the system is up to date and legally fully binding.
Services
The Customer agrees that Servizza will provide the Services at the agreed price and at the agreed time. Servizza does not mislead Clients, does not use any hidden costs, so called 'small print’ or promotions that give only apparent savings.
Conditions
Customer is responsible for monitoring disk space and transfer on an ongoing, monthly basis. If the limit for a particular Service is exceeded, the Customer will receive an email with an option to change the specifications of their Service or an option to adjust to the current Service. Servizza reserves the right to block the Service if the problem of exceeding the limits is not resolved.
Payments
1. Fee notifications are sent via email at least three days prior to the actual Service renewal date.
2. If an active payment card is used correctly, the Client does not have to worry about manual payment processing, the Client’s account will be debited automatically. Most Services are configured on a prepaid basis.
3. Servizza reserves the right to change prices at any time unless other terms have been agreed, and any changes will never apply to Orders completed before the date of the change.
4. The Customer is responsible for all charges due to Servizza during the term of the contract. Any Service that is not activated and/or paid for within one week (7 days) of the due date is subject to cancellation or removal.
5. Servizza provides the ability to settle in several currencies including: USD, Euro, PL, GBP. At the same time prices of all services are set in one currency (Euro or USD), and then automatically converted into other currencies, according to the official exchange rates of the relevant national banks. Automatic updating of exchange rates takes place at least once a day around 2 a.m. CET time.
6. The billing cycle corresponds to the length of the Contract that was initially selected by the Customer when placing the Order. The Service will automatically renew for the same length unless cancelled by either party.
7. In the event of cancellation of the Service during a given billing cycle of not more than one month, the Client will be entitled to receive a refund for the unused period, based on the number of full days remaining from the time of cancellation to the end of the paid period. Refunds will only be available in respect of services provided on 100% by Servizza, and will not be available in the event Servizza acts as an agent for the Client in the sale of third party services, such as Domain registration.
8. Payments made for periods longer than one month are not refundable after the 30-day money-back guarantee expires. Payments are not refundable if the Customer materially violates the Terms and Conditions.
9. The date of payment shall be the date on which the payment is credited to Servizza’s bank account or the account of the electronic payment operator with which Servizza cooperates.
10. After the expiry of 3 days from the ineffective expiry of the payment period, Servizza shall have the right to consider that the Customer has cancelled the Services, which shall result in the termination of the contract at the end of the month in which the payment was due and the Services so far provided by Servizza shall be blocked.
11. Payment card and e-transfer transactions are settled through Dotpay.pl. In addition, Servizza makes available payment gateways of other operators, including PayPal, operators selected for a particular country or territory, as well as the ability to make transfers directly to Servizza’s bank accounts, additionally made available for different currencies.
Cases of misuse of resources
Any attempt to interfere with Servizza’s resources or to cause any harm to other Servizza Customers is strictly prohibited.
Servizza strongly responds to any attempt to use someone else’s Internet accounts and/or computers without the owner’s permission. Such attempts are understood to include scamming, phishing, password theft, scanning for security holes, etc.
Any unauthorized use of an account or computer, regardless of whether the attacking computer or access account belongs to Customer, will be treated as Customer’s actions. Possible actions by Servizza include warnings, suspension of the Service or cancellation altogether, and civil or criminal prosecution, depending on the severity of the attack.
IMPORTANT NOTICE – Servizza has the right to terminate the Services or deny access to any Customer who violates the Terms and Conditions without prior warning or advance notice. No refunds of fees, if any, will be made if the termination is due to a breach of the Terms and Conditions.
The Client may not run IRC servers, bots or clients within the resources provided. Unacceptable activities also include: sending mass emails, unsolicited emails, newsgroup spam, Rappidleach, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from software serial numbers, proxy-relaying, link farms (running or scripted), link-only sites, spamdexing, FFA (Free-For-All), cryptocurrency mining systems, and/or other items that are defined by law as unacceptable or that Servizz deems to be abusive. The following are prohibited by law or are deemed by Servizz to be abusive.
All outdated and actively used applications may be deactivated or removed immediately, without prior notice. Customer is responsible for regularly updating applications and scripts to ensure they are secure and working correctly.
All Services may also be terminated if they contain or have links to the following content: Providing material that is violently offensive to the online community, including explicit expressions of fanaticism, racism, hatred, or profanity; Promoting or providing instructional information regarding illegal activities; Promoting physical harm or injury to any group or individual; Displaying material containing indecent nudity or pornographic material; Displaying material that exploits children under the age of 18; Acts of copyright infringement, including offering pirated computer programs or links to such programs; Information used to circumvent manufacturer installed copy protection devices, including serial numbers or registration numbers of programs or any type of cracking tool.
Abuse of disk space
Servizza reserves the sole right of judgement in respect of any breach of this provision. The customer is responsible for monitoring the use of disk space. In the event that additional disk space is needed, please contact our service department and we will be happy to assist. Customer may also upgrade their hosting plan by logging into their Customer Dashboard.
Internet bandwidth abuse
Servizza’s business is to provide high bandwidth for the transmission of web content, not to provide external storage for electronic files. If a customer violates this condition, they will be notified and given 48 hours to resolve the issue. Failure to do so may result in additional charges. Servizza reserves the sole right of judgement in respect of breach of this provision.
Customer Information
Customer represents and warrants that the information Customer has provided and will provide to Servizza for purposes of establishing and maintaining the Service is accurate and true. Servizza may rely entirely on the instructions of the person named as the primary contact with Customer in the Order.
Unsolicited Email & SPAMMING
Transmission of unsolicited advertising („SPAM”) is not permitted and may result in the termination of the Customer’s account and/or Services. Servizza absolutely does not tolerate SPAM originating from its servers or spamming domains running on its network. Your account and/or Service may be terminated if such actions are found, whether manually or automatically.
The following activities are not permitted: SPAM, including bulk sending of commercial advertisements, news announcements, charity proposals, petitions and signatures, political or religious (such messages may only be sent to those who have explicitly consented); Modifying or deleting email headers – any domain sending stealth spam will be deleted without warning and without refund. Sending multiple copies of the same or substantially similar message with the intent to disrupt a server or account; Spamming newsgroups: commercial advertisements are not welcome in most Usenet newsgroups and on most email mailing lists. Inappropriate posting may result in suspension or removal of the Service; Mail may not be used to harass or intimidate others. Harassment is prohibited, whether through language, message frequency, or message size. Sending one unwanted message may be considered harassment. If a recipient asks to stop receiving email messages, no further messages may be sent to that person.
NOTE – if the Customer uses a third-party provider to promote a Servizza-maintained website („spamvertising”), then the provisions of this policy will be applied as if SPAM were sent via Servizza’s servers.
Availability Guarantee 99.99%
SCOPE – The 99.99% availability guarantee covers any Customer not in arrears to Servizza at the time of service failure.
SERVICE LEVEL AGREEMENT (SLA: SERVICE LEVEL AGREEMENT) – Servizza strives to make the Customers’ websites available for http access from any location 99.99% of the time. Network downtime (’unavailability’) is defined as 100% of packet loss from Servizza to backbone providers. The outage is measured within 10 minutes of notification of a network failure. The notification must be made via the Servizza notification system. In the event that the Servizza notification system itself is unavailable, the information may be communicated through Servizza’s other contact channels.
RECOMPENSE – In the event that the Client’s site is confirmed to be unavailable, compensation will be added to the Client’s account in the form of funds to be used for future charges. The maximum amount of compensation cannot exceed 50% of the monthly fee for that month. Compensation will be granted under the following conditions:
– 95% to 99.9% – 10% of the monthly fee for that Service will be added to the Customer’s account,
– 90% to 94.9% – 20% of the monthly fee for that Service will be added to the Customer’s account,
– 89.9% or below – 50% of the monthly fee for that Service will be added to the Customer’s account,
Compensation is not provided to the Client in the event of an interruption in service caused by:
– Planned maintenance work that the company publishes from time to time;
– Failure of equipment, devices or applications, caused by the Customer’s actions;
– Circumstances beyond Servizza’s control, including without limitation such as: acts of any governmental authority, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, supply interruptions or delay in transportation, delays in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies or equipment used in equipment needed to provide the Customer’s site;
– Violation by the Client of any of the terms of the Regulations.
Technical support
Servizza provides technical support to the Customer that exclusively covers our area of expertise. Such expertise includes assistance, troubleshooting and debugging of cPanel control panel interface, servers in our direct responsibility and other hosting related issues.
Exclusion of guarantees
Servizza does not warrant or represent that the Services will be uninterrupted, error-free or completely secure. To the extent permitted by applicable law, Servizza disclaims all warranties, including implied warranties or merchantability, fitness for a particular purpose and nonconformity.
Limitation of injury
Neither party shall be liable to the other for lost profits or any indirect, especially incidental, consequential or punitive loss or damage of any kind or for damage that could have been avoided by the exercise of reasonable care arising in connection with the contract, even if the party has been advised of or should have been aware of the possibility of such damage.
Notwithstanding anything to the contrary, the maximum aggregate liability of Servizza and all of its employees, agents or affiliates under any theory of law (including breach of contract, tort, strict liability and breach) shall be a payment not to exceed the sum of the amounts owed by Customer for the Service for the three month period.
Suspension of the Services / termination of the Agreement
Customer agrees that Servizza may suspend Services to Customer without notice and without liability if: (i) Servizza reasonably believes that the Services are being used in violation of the Terms of Service; (ii) Customer fails to cooperate with a reasonably suspected violation of the Terms of Service; (iii) Servizza determines that suspension of Service is necessary to protect the network or other customers, or (iv) at the request of a law enforcement or regulatory agency.
Either party may terminate this Agreement upon five days’ notice if the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes bankruptcy or similar protection, or cannot pay its debts as they become due.
If the Client violates the Terms and Conditions, Servizza has the right to cancel the Services. At the same time, Servizza will never cancel any Services without trying to resolve the issue with the Customer. In extreme cases, such as a Service that promotes child pornography, Servizza has the right to cancel the Services without prior warning. In this case, Servizza will not refund any money previously paid by the Customer. For example, if a hosting account is terminated for copyright infringement within the first month of the Service provided, then Servizza will not refund the first month’s fee. This is to prevent people registering to use Servizza’s services with the intention of violating the Terms of Service.
Sharing of information
Customer agrees that Servizza may, without notice to Customer, (i) report to the appropriate authorities any Customer or End User conduct that Servizza deems to violate applicable law, and (ii) provide any information about Customer or its Customers or End Users, in response to a request from a law enforcement or regulatory authority or in response to an official request in a civil action that meets its requirements.
Backup copies
Customer agrees that Servizza will maintain a current copy of all content stored on Servizza’s resources, with no obligation on Servizza’s part to provide backup services.
Changes to the network and facilities
Upgrades and other changes to Servizza’s internal networks, including but not limited to changes in software, hardware and service provider, may affect the display or operation of Customer’s stored content and/or applications. Servizza reserves the right to change networks with reasonable business or technical justification and will not be liable for damages to the Customer.
Notifications
As part of the Agreement entered into, information for Servizza is provided via email and/or the customer service ticketing system provided by Servizza. Notices to Customer shall be provided by email to the person listed as the Primary Contact Customer on the Order. Notifications are deemed received on the day sent, or if not a business day, the first business day following the day on which they are delivered. The Customer may change the contact email address at any time.
Force Majeure
Servizza shall not be liable for any obligation under the Agreement if the failure to perform is due to any event beyond Servizza’s control, including, but not limited to: a significant failure of a portion of the power grid, a significant Internet outage, a natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor activities, terrorist activity, or other events of a magnitude or type for which general precautions are not taken in the industry.
Legal issues and disputes
The Agreement is governed by Polish law.
File ownership rights
All files stored on Servizza’s servers must be legally owned by the Client and must have a valid license and/or copyright. This includes and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO files. Once any unlicensed and/or illegal files are discovered on the Client’s account, they will be permanently deleted.
Cancellation, Suspension, Termination of Service
Servizza reserves the right to cancel the service at any time. All fees paid in advance prior to cancellation will be fixed and refunded, subject to the following sentence. Breach of the Terms and Conditions will leave the cost of cancellation of the Services to be borne by the Client.
Network security
Clients may not use the Servizza network with the intent to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data that is not intended for the user. The user is not authorized to access, steal passwords, check the security of other networks for weaknesses, or violate any other security policy. You may not attempt to interfere with or deny Service to other users, hosts or networks. This includes intentional attempts to overload or crash a host or network. Servizza will fully cooperate with investigations of system or network security violations at other sites, including cooperating with law enforcement authorities to investigate suspected criminal violations. Users who violate system or network security may be subject to criminal or civil liability.
Business and e-commerce
Customer shall be responsible for the development, operation and maintenance of its online store and products and all content and materials appearing online or on the products itself, including without limitation:
(a.) the accuracy and consistency of content and materials appearing in the store or related to Customer’s products,
(b.) ensuring that content and materials appearing in the store or related to Customer’s products do not infringe the rights of third parties;
(c.) ensuring that content and materials appearing in the store or related to products are not defamatory or otherwise illegal. You are responsible for the final calculation and application of shipping and sales tax. You are responsible for accepting, processing and fulfilling customer orders, and for handling all inquiries and complaints ordered by your contractors.
You are also responsible for the security of any of your customers’ credit card numbers and related information that you may access as a result of conducting e-commerce transactions through your website. You will keep all such information confidential and will enjoy the same level of care and security that is applied to confidential information.
Static & dynamic content
The client clearly:
(i) grants Servizza the right to use a cache for its entire website, including third party content stored by Servizza under this Agreement and
(ii) agrees that such caching does not infringe any intellectual property rights or the intellectual property rights of any third party.
Ownership of IP addresses
Servizza will maintain and control ownership of all IP addresses that may be assigned by Servizza to Customer Services. Servizza reserves the right, in its sole discretion, to change or remove any such IP numbers and addresses.
Registration, transfer and maintenance of domains
1. Registration of domains available under Servizza’s offer takes place using the means of teletechnical domain registrars, which in this case are Servizza’s Business Partners: OpenSRS, based in Toronto, ON, Canada, Consulting Service Sp. z o.o., based in Warsaw, Poland.
2. By ordering a domain registration service Customer declares that the name he chose does not infringe the rights of third parties. Any disputes in this regard shall be resolved without Servizza.
3. Customer ordering a domain registration service grants Servizza power of attorney to represent him before the domain registrar. The scope of representation includes data processing aimed at registering a domain and perform all operations on the domain in accordance with the instructions of the Customer, as well as the transfer of personal data necessary to fulfill the agreement between Servizza and the domain registrar.
4. The Customer shall have the right to cancel the maintenance of the domain using Servizza’s technical means, but shall not be entitled to a refund of the overpayment for the domain registration in whole or in part, even if the domain name registration is suspended, cancelled or transferred before the end of the current registration period.
5. The domain registration service shall be commenced as soon as possible, but no later than 24 hours after Servizza has received payment, provided that no domain reservation or registration has been made by a third party prior to the payment being recorded, there are no registration proceedings previously initiated in respect of the domain name and provided that the Customer has provided complete and factually correct details as required by Servizza.
6. Ordering a domain registration service does not imply a guarantee of its registration by Servizza and its activation.
7. The Client acknowledges that the ability to reserve a domain is subject to the availability of such option by the domain registrar and the availability of such service at the time. Servizza will enable the Customer to reserve a domain under the terms and conditions set by the domain registrar as far as possible, which does not imply a guarantee of registration or activation.
8. The Customer acknowledges and accepts that certain types of domains are subject to additional conditions (e.g. available only to certain customers, locations, organizations, etc.) and that it may not be possible and/or mandatory for the Customer to complete the purchase.
9. The Client acknowledges and accepts that the renewal price of some domains after the payment deadline may be several times the renewal price according to the price list. If the domain renewal payment date is not met, Servizza has the right to add an additional fee for the reactivation of the domain.
10. Transfers of domains registered through Servizza are possible at any time, provided that the Client does not have any financial arrears to Servizza at that time.
Privacy Policy
Servizza follows strict rules Privacy Policy, which document is an integral attachment to the Terms and Conditions. Please ensure that you fully understand this statement.
Final provisions
1. The Regulations shall come into force as soon as they are published on the Servizza website, subject to the reservations indicated in the following paragraphs.
2. Servizza has the right to change the Regulations, as well as to introduce new regulations of individual services during the term of the Agreement with the Customer. Changes are possible in particular in the following situations: (i) changes in applicable laws, (ii) changes in the terms and conditions of services provided by other entities e.g. domain registry, (iii) changes due to technical or technological progress, (iv) formal and organizational changes of Servizza, (v) and other conditions that may affect the performance of the Services.
3. Servizza will inform the Customer about the change made or about the introduction of new Regulations by placing information in the news section and additionally will inform the Customer by sending to the e-mail address indicated by him a short information and a link to the website, containing new Regulations or changes made. The changes and the date of their publication shall be marked in the content of the Regulations in an indisputable way. The provisions of the amended documents shall apply from the next settlement period, unless the Client resigns from the Service provided to him.
4. In the case of changes to the Regulations, the Customer has the right to withdraw from the Agreement. Renewal of the Service is equivalent to the acceptance of the new Regulations.
5. In the event of disputes arising between Servizza and the Customer, the competent court for the resolution of disputes arising from the concluded Agreement shall be the court having jurisdiction over the registered office of Servizza.
6. These Regulations are published and come into force on 8 May 2018. at 5:00 pm.
Changes from the previous version of the Regulations (dated 30 October 2017):
a) The definition has been broadened Personal Data Controller,
b) Definition added: 17. Data Entrustment Agreement,
c) Definition added: 18. Lead Authority.