Terms of Service / SLA

Introduction

These regulations define the general rules for the provision of electronic services by CLOUD HOSTING SOLUTIONS GROUP LLC and will be hereinafter referred to as the Terms and Conditions.

The administrator of the website www.cindercloud.com (hereinafter referred to as the Website) is CLOUD HOSTING SOLUTIONS GROUP LLC with its registered office in Kiełczów at Południowa 9D street, 55-093 Wrocław, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under the KRS number: 0000906805, REGON: 389232789, NIP: 8961604275 (hereinafter referred to as the Administrator).

The Administrator provides services via the Website, in particular, VPS services and public cloud services (hereinafter referred to as Services).

Before using the Website or Services, you should acquaint yourself with these Terms and Conditions.

Terms and Conditions constitute a legally binding contract between the Administrator and you. By using the Website or Services, you confirm that you have read these Terms and Conditions, accept them without any restrictions and commit to comply with them. If you do not agree to all the terms of these Regulations, you may not use the Website or Services.

If you have questions about the Regulations, please contact us at: info@tuxfixer.com.

General Provisions

All new tools, functions or Services, which would be implemented to the website, will also be subject to Terms and Conditions. Updated version of Terms and Conditions can be found at any time on the website www.tuxfixer.com/terms-of-service/.

We have the right to amend current Terms and Conditions. All changes made will be published on our website. Before any change in Terms and Conditions we will inform You of such changes. You will have the right to resign from using the Website, if you do not agree with changes to the Terms and Conditions. By using the Website and Services after changes to Terms and Conditions you will be deemed to have consented to such changes.

You may use Website and Services only if you are legally able to conclude a contract. By using the Website or Services, you represent and warrant that you are of legal age and you have all the rights under the laws of the country of your residence necessary to use the Website or Services.

When providing services we may use third parties (subcontractors).

We provide our services to both Consumers and other entities, unless current offer, pricing list or specific regulations provide otherwise.

None of the provisions of Terms and Conditions are excluding or infringing rights resulting from generally applicable laws granted to consumers or entrepreneurs, who are natural persons and conclude agreement strictly related to business activity, when the agreement shows that it is not of a professional nature. If these Terms and Conditions refer to the consumer, it is also understood as the entrepreneur referred to in the preceding sentence.

If Service is a paid service, that service will be provided upon payment of applicable fee.

Use of the Website / Services

It is prohibited to use the Website or the Services in any unlawful manner, which violates rights or causes damage to third parties. In particular, it is forbidden to violate any intellectual rights or privacy, as well as use the Website or the Services to distribute malware or to conduct any kind of hacker attack.

In the event of violation of the Terms and Conditions, applicable laws, or any damage to a third party, we will be entitled to cease providing any Services and deny any access to the Website.

Client’s Account

Registering an account is not mandatory if you only wish to access the Website. If you want to use the Services you must create an account on the Website (hereinafter referred to as the Account) by providing required data.

During registration of an Account you will be asked to create a security password, which will protect access to the Account. You are obliged to protect your Account login data and you may not share such data with anyone.

When registering an Account and using it, it is mandatory to provide complete and factual information/data. It is strictly forbidden to provide any kind of false data or to impersonate others. You are obliged to provide updated data during Account registration. If we determine that the data provided by you is invalid or out of date, or if you have impersonated another person to use the Account, we will immediately block your Account.

You are solely responsible for all activities occurring under your Account. In the event of unauthorized use or other security breach, you should immediately change the password, using settings provided on the Website, or contact us.

You have the right to delete your Account. After deleting your account all information/data which you have used, including Services, may also be deleted. Administrator is not obliged to archive the aforementioned data and is not liable for their removal.

Your account may be deleted if you have not logged in for one year. Before deleting your account, we will inform you of such a plan to delete your account so that you can download any data. We will delete your Account within one month after such notification of Account deletion.

Payments

The use of Services available on the Website is payable. The fees will be paid in advance for individual periods of using the Services, in the amount depending on the type of the Service. Fees are paid on a subscription basis, i.e. they will be charged in advance for the entire billing period (available subscription periods: monthly, quarterly, semi-annual and annual).

Your subscription will be automatically renewed, unless you notify us, at least twenty-four hours before the end of the current subscription period. The amount of fees depends on the type and of Service and the selected subscription period.

You may resign from any given type of Service at least twenty-four hours before the end of the current subscription period. If you resign from the Services less than twenty-four hours before the end of the current subscription period, it will come into effect with the end of the next full subscription period.

The amount of fees may change, but only with informing you at least one month in advance.The change in the amount of the fee will take effect only from the next subscription period following one month after informing you about such change.

Payment for the Services may be made online, via credit card/debit card or in any other form provided on the Website. We may add or change payment methods at our sole discretion. We will transfer your payment data for Services, to payment service providers.

The fees paid, are non-refundable, unless otherwise specified in Terms and Conditions. The fees paid may be reimbursed in proportion to the period of providing a given type of Service, in the event we cease to provide Services during the Default period through our fault.

Notwithstanding anything to the contrary, failure in payment of fees is a material breach of Regulations. In the event of any delay in payment of the fee, we are entitled to cease/suspend providing of the Services until the outstanding fees are paid.

Withdrawal from Contract

Due to the fact that Services comprises supply of digital content, we would like to inform you, that you do not have the right to withdraw from the Services Agreement, if we begin providing Services with your consent, prior to the expiry of the deadline to withdraw from the contract and after informing you about the loss of the right to withdraw from the contract, subject to the succeeding sentence.

We voluntarily grant you the right to withdraw from the contract/resign from the Services without giving a reason. You may withdraw/resign from the Services within 14 days from the conclusion of the Services Agreement. During this period you may check if the Services meet your expectations. In the event of withdrawal/resignation, you are entitled to a full refund of the fee paid. You have the right to withdraw from the Service Agreement/resign from the Service once for a given Service – i.e. if you have exercised the right to withdraw from the contract/resign from the Service, and then, e.g. after a break in using the Service, you re-order the Service, then when re-ordering the Service, you are not entitled to withdraw from the contract/resign from the Services. You can withdraw from the contract/resign from the Service via the Customer Account by contacting us by e-mail or by phone: e-mail: info@tuxfixer.com, phone: +48 726 348 047.

Intellectual Property Rights

The Website, all content posted on the Website, Services, trademarks, trade names etc. (Materials) are our property or are licensed by us and are the property of third parties. The Website, all content on the Website, Services, data, etc. are protected by appropriate copyright and other intellectual property rights. Any rights not expressly granted to you under this Agreement are reserved by us and our licensors.

The provisions of Terms and Conditions do not grant you any right to the Materials. You are entitled to use the Materials only for the purposes and as part of the use of the Website and the Services available through the Website. The right referred to in the preceding sentence is limited, revocable and non-transferable.

Any violation of the rights to the Materials entitles us to cease/suspend the provision of the Services.

Threats, Liability and Force Majeure

We would like to inform you that the use of the Website and the Services is associated with risks arising from the use of the Internet, in particular the risks of data/information loss, access to data/information by third parties, loss of availability or breach of integrity. We do not represent that the use of the Website or Services is safe. In connection with the above, you should take precautions against threats resulting from the use of the Website and Services, in particular, make backups and encrypt data/information.

To the maximum extent permitted by law, we are not liable for any damage that was caused to you in connection with or while using the Website or Services, unless the damage was caused intentionally by us. In particular, we are not liable for damages resulting from your failure to comply with these Regulations.

To the maximum extent permitted by law, we are not liable for any damage caused by you to third parties in connection with or while using the Website or Services. If you cause any damage to third parties, and if a third party claims remedy from us, you commit to indemnify us from liability for such damage.

To the maximum extent permitted by law, we exclude all warranties/representations, expressed, implied, statutory or otherwise, including warranties/representations regarding suitability of the Website or Services for a particular purpose and the absence of defects.

The Website or Services (including any part or content) may be modified by us, or we may cease providing the Services at any time. In such a case, we will not be liable to you and third parties, except for the obligation to reimburse the fees paid in proportion to the period of providing a given type of Service.

We inform you that the availability of the Website and Services may be limited in certain situations, due to the fact that it depends on various factors, also beyond our control. We do not represent that the Website and Services will operate/be available at all times without disruptions or interruptions, or that unauthorized access will not be possible or that they will be free of errors.

If we become liable for the damage caused, our liability is limited to the amount of fees paid by you to us for the use of the Services. The limitation of liability referred to in the preceding sentence does not apply to consumers.

We will not be liable for the lost profit. We are not liable for damages resulting from force majeure. Force majeure is, in particular, act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), protests, hostilities, acts of terrorism, social unrest, riots or other circumstances beyond our control and which we could not have predicted.

Prohibited Activities

Regardless of other prohibitions set out in Terms and Conditions, it is prohibited to use the Website or Services:

1. for any purpose inconsistent with the law or principles of social coexistence
2. to induce others to perform or participate in any illegal activity
3. in order to violate rights, in particular intellectual property rights, personal rights, business secrets
4. for the purpose of providing or disseminating illegal content, in particular disseminating or storing pornographic content or content containing illegal/harmful software, endangering health or life, violating privacy, promoting illegal products or services or violating the prohibition of trade in products or services
5. to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability
6. in a manner or for a purpose inconsistent with their intended use or in a manner exceeding technical parameters
7. to transmit spam, viruses or other types of malware, as well as to carry out phishing or other types of hacker attacks, as well as to unlawfully interfere with or circumvent the security features of the Website/Services or any related website or other websites/other software

In the event of a breach of the provisions of Terms and Conditions, we are entitled to suspend the provision of Services, deny access to the Website, and block the Account. Before taking the actions referred to in the preceding sentence, we will inform you about it, unless, due to the nature of the breach, it will be necessary for us to take these actions immediately. The resumption of the provision of Services, allowing access to the Website or unblocking the Account will take place not earlier than after the cessation of the circumstances constituting the basis for such actions by us.

In the event of suspension of the provision of Services at least three times, denying access to the Website or blocking the Account due to violation of the provisions of the Terms and Conditions, we will be entitled to delete the Account and the Services assigned to it.

Service Level Agreement (SLA)

We are committed to providing the following levels of Service:

1. Cloud VPS – monthly availability: 99.95%
2. Public Cloud – monthly availability: 99.95%

Monthly availability means the total number of minutes in a given month minus the total number of minutes of unavailability in a given month, the total divided by the total number of minutes in that month, and multiplied by one hundred. The term unavailability should be understood as the period in which the access to the Service was lost, counted from the moment you reported the failure to the moment we remove it.

The obligations set out in this section only apply if, after reporting the failure, you cooperate with us to restore the Service. The obligations described in this point do not apply in a situation where, due to a service misconfiguration caused by you, we are not able to conduct the maintenance activities necessary to restore it. If we find that a given Service is available and functioning properly, we are released from the obligations described in this section. If we find that the Service is unavailable, we will perform diagnostics and start a process to restore the availability of the Service.

If the above-mentioned levels of monthly availability are infringed, you can apply for the following discounts, subject to the following exclusionary situations:

1. a discount of 10% of the monthly fee paid for a given Service, for the month in which the level of unavailability was exceeded, if the level of unavailability is higher or equal to 99.0% and lower than 99.95%
2. a discount of 50% of the monthly fee paid for a given Service, for the month in which the unavailability level was exceeded, if the level of unavailability is lower than 99.0%

Discounts cannot be converted into cash. The discount can be used to purchase Services available on the Website. The deduction is a lump sum compensation for all damages caused by our failure to meet our obligations regarding the availability of the Service. Therefore, you waive any additional claims. The preceding sentence does not apply to the consumer.

If an event will result in our failure to comply with several obligations regarding the availability of the Service, the deductions may not be cumulative. In such a case you are entitled to the most favorable discount. The total discount granted in a given month may not exceed 100% of the fee paid by you this month for the use of the Service for which the availability level has been infringed. The discount will be granted to you upon receipt of the relevant application. The discount is granted at your request by reducing the fee due in the next billing period following the period in which the application was submitted. The application may be submitted within one month from the removal of the failure that caused the unavailability. If the availability level infringement occurred in the last billing period, you have the option to use a discount on the purchase of any Service or to correct the last invoice for the Service and receive a refund of the relevant part of the fee paid.

It will not be considered an availability level infringement when the unavailability is partly or wholly caused by the following:

1. circumstances or factors beyond our control, such as force majeure, the actions of third parties, disruptions in the operation of the Internet or problems with the availability of the Internet
2. failure of your hardware or software or misuse of such hardware or software
3. your failure to comply with the obligations arising from Terms and Conditions
4. improper use of the Website or Service by you, including exhaustion of the disk space that was assigned to you or exceeding the limits of the functionality of a given Service
5. pre-planned maintenance work, about which we notified via the Website 24 hours before their commencement
6. hacker attacks etc.

In the situations described above, you will not be entitled to a discount for infringement of the availability level.

Governing Law And Disputes Settlement

Terms and Conditions, as well as any separate agreements under which we provide you with the Services, are subject to and interpreted in accordance with Polish law.

If it is legally permissible, any disputes arising from these Terms and Conditions, as well as the provision of Services, the legal venue will be the court competent for the Administrator’s registered office. The preceding sentence does not apply to consumers.

Contact and Complaints

If you have any questions regarding the use of the Website or Services, you can contact us in the following way: e-mail address: info@tuxfixer.com, phone: +48 726 348 047.

In the event of deficiency or improper performance of the Services by us, you have the right to file a complaint. The complaint should be sent in writing to the address of the Administrator’s registered office.

The complaint should include:

1. Your data necessary to contact you, including data enabling the identification of the entity submitting the complaint
2. The Service the complaint relates to
3. Objections regarding the indicated Service
4. Circumstances justifying the complaint
5. Possible request related to the submitted complaint

The complaint should be signed. If the client is not a natural person, the complaint should be accompanied by a document which proves the authorization to act on behalf of the client.

We will provide a written response to the complaint within 14 days from the date of its receipt. In response to the complaint, we will indicate whether we accept the complaint or indicate that we do not accept the complaint – the response will contain a justification. At the same time, if the complaint is not recognized and you have the status of a consumer, we will inform you whether we agree to resolve the dispute by settlement. You can learn more about out-of-court settlement of consumer disputes at: https://ec.europa.eu/consumers/odr/main.

Final Provisions

If any provision of the Terms and Conditions is found invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability will in no way affect, validity or enforceability of other provisions of the Terms and Conditions, and the application of such provision will be enforced to the extent permitted by law.

These Terms and conditions have been drawn up in two language versions, i.e. Polish and English. In the event of any discrepancy, the Polish language version is decisive.

Information on how we process your personal data can be found in the privacy policy.

These regulations are valid from 01/01/2022.