TERMS OF ELECTRONIC SERVICES PROVISION

§1. Definitions

Service Provider - Wojciech Guziak Chmurka.pl is a company based in Krakow (Tax Identification Number: 7722366375, National Business Registry Number: 360957383), with its registered office located at Rynek Glowny 28, 31-010 Krakow, Poland. The company specializes in selling electronic services through its website available at https://otshosting.pl.
Customer – A natural person/legal entity or company registered in the Service Provider's Transactional Service.
User – A natural person using the Service Provider's Transactional Service or contacting the Service Provider.
Consumer - Art. 221 of the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2014, item 121, as amended). A consumer is considered to be a natural person performing a legal act with an entrepreneur not directly related to his/her business or professional activity.
Regulations – The regulations for the provision of electronic services defining the rights and obligations of the Service Provider and the Customer using the electronic services offered by the Service Provider.
Price List – The price list of services provided by the Service Provider. Its current version is available at: https://otshosting.pl.
Billing Period – The period of providing services by the Service Provider for which a fee is charged.
Privacy Policy – A document defining the obligations and rights of the Service Provider in terms of the protection of the personal data of the Customer using the Service Provider's offer. It constitutes an integral part of the Regulations.
Internet Domain Service Regulations – The regulations defining the rules for the registration, assignment, maintenance and transfer of domains to/from the Service Provider. It constitutes an integral part of the Regulations.
Service Provider's Website - A website available at https://otshosting.pl, as well as the official profile of the Service Provider on social networking sites.
Transactional Service - A separate part of the Service Provider's Website available at https://otshosting.pl allowing for service management and payment processing.
Netiquette - A set of rules for decent behavior on the Internet, for example defined on the page https://en.wikipedia.org/wiki/Etiquette_in_technology.

§2. General provisions

The agreement between the Service Provider and the Customer is concluded when the Customer registers an account in the Service Provider's Transactional Service. The Customer declares that at the time of registration he/she has read these Regulations and accepts the terms of the Regulations. The Customer also undertakes to fully comply with them.
The Service Provider provides electronic services related to the intermediation of internet domain services and electronic services related to providing a dedicated space on servers for handling Customers' websites.
The Customer undertakes to truthfully fill in the required data in the Service Provider's Transactional Service, and in particular to provide a current, Polish contact telephone number and an e-mail address that is not in the domain registered with the Service Provider or maintained on the Service Provider's servers.
The Customer declares that the personal/business data saved in the account settings are true. In case of doubts about the User's identity or the correctness of the data provided by the Customer, the Service Provider has the right to suspend the Customer's services and operations until the documents indicated by the Service Provider are sent. The Service Provider undertakes to keep the Customer's data confidential. The rules for processing and storing the Customer's data are regulated by the Privacy Policy.
In case the Customer's data turns out to be false, the Service Provider has the right to completely suspend the services until the situation is clarified by the Customer.
The Customer who is a consumer using the service offered by the Service Provider receives - at the time of account registration in the Service Provider's Transactional Service to the given e-mail address - the data referred to in Art. 17 par. 1 of the Consumer Rights Act (Journal of Laws of 2014, item 827, as amended).
The content of the agreement between the Service Provider and the Customer is determined each time by the Regulations, relevant regulations being annexes to the Regulations and if they are provided for a given service - specifications, security parameters and other documents referred to in the regulations. The Customer declares that he/she has read the content of these documents, which concern the ordered service and accepts them without reservation.
The Customer using the intermediation service concerning internet domains (including registration, assignment or transfer of the domain to the Service Provider) declares that he/she has read the Internet Domain Service Regulations.
The registration of the customer's account in the Service Provider's Transactional Service is equivalent to the consent to the processing of personal data in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (Journal of Laws No. 133, item 883, as amended) to the extent enabling the fulfillment of obligations towards the Customer. The Customer acknowledges that he/she has the right to access and correct his/her personal data.
All notifications and messages sent between the Service Provider and the Client shall be deemed delivered if they were sent via email to the current email address and successfully delivered to the mail server associated with the recipient's email address.

§3. Performance of the Agreement

The Service Provider declares that they will make every effort to ensure that the services are provided at the highest level. Exceptions are situations beyond the control of the Service Provider, over which the Service Provider has no influence. The liability of the Service Provider is governed by §5 item 1.
The Client declares that by using the services of the Service Provider, they commit to comply with the Terms and Conditions, as well as to conduct activities on the Service Provider's servers in accordance with the applicable law and the principles of Netiquette.
In the event of a breach of the Terms and Conditions by the Client, as well as as a result of activities contrary to the law or Netiquette, the Service Provider has the right to suspend the provision of services and/or terminate the agreement with immediate effect. In justified cases, the Service Provider has the right to provide the Client's data to the appropriate authorities to determine the Client's responsibility.
In the event of detecting a threat on the Client's account by the Service Provider's security system, infected data may be deleted without prior notice, and if necessary, the Client's service may be suspended and/or the Client's data permanently deleted.
By activating the service, the Client agrees to its immediate commencement or to commence its provision in accordance with the deadline specified by the Service Provider.
Services are usually commenced by the Service Provider instantly upon receipt of full payment. If the service cannot be commenced within 24 hours of receipt of full payment, the Customer may request a full refund.

§4. Fees

A fee is charged for the services provided by the Service Provider during the Settlement Period. The amount of fees is specified in the Price List.
Changes to the price list are applicable to the Client from the next settlement period. The Service Provider has the right to modify the Price List at their discretion. The Client is not obligated to extend the services.
In the event of failure to pay the fee for the next Settlement Period, the Service Provider may suspend the provision of services for the Client. The services will be reinstated upon settling all outstanding payments with the Service Provider. After suspending the services, the Service Provider may permanently delete the Client's data. The Client is not entitled to any claims due to data deletion resulting from non-payment.
Additional services requested by the client incur a fee in accordance with the current Price List.
Payment can only be made through payment channels defined by the Service Provider. Currently supported payment channels are PayU and PayPal. Supported payment channels may change without prior notice.
The payment date is considered the date when the payment is credited by the payment intermediary. The Service Provider does not guarantee the continuity of payment channels and is not responsible for the consequences of the inability to make payments on time due to the unavailability of payment channels.
The Client may at any time elect to stop recurring payments from being made against a saved payment method. The Client may also request the Service Provider to delete all saved payment methods from the Client's account.

§5. Service Provider's Liability

The Service Provider declares that they will make every effort to ensure access to the services purchased by the Client at a level of 99% on an annual basis.
In the event of the unavailability of paid services during the Settlement Period, the Service Provider, after positively considering the Client's complaint, commits to compensating by extending the Settlement Period by 2 hours for each commenced hour of unavailability.
The Service Provider is not liable for the unavailability of free services during the Settlement Period.
The Service Provider is not liable for the actions of the Client, including data stored by the Client on the server.
The Service Provider commits to performing regular data backups for the Client, not older than 7 days. These backups are solely for the purpose of restoring services in case of hardware failures or the Service Provider's fault.
The Service Provider reserves the right to delete data related directly to the inactive service from the server.
The Service Provider is not responsible for damages resulting from the improper storage of access data to the server by the Client. This also applies to the unauthorized acquisition of access data by third parties.
The Service Provider reserves the right to temporarily shut down the server/servers or network devices for maintenance work. The Client will be informed about such events via email to the address provided during registration in the Service Provider's Transactional Service or on the Service Provider's Website. The Client is not entitled to any claims in this regard.
The Service Provider is not liable for the unavailability of services resulting from so-called force majeure events, such as natural disasters, supplier outages, technical interruptions, and events caused by the Service Provider's suppliers, interruptions in intermediate links belonging to other operators, damages to equipment provided by other companies, DoS/DDoS attacks directed at the Service Provider's servers or the links they use, wars, terrorist attacks, catastrophes, and epidemics. In such cases, §5 item 2 does not apply.
The Service Provider is not liable for losses incurred by the Client due to the unavailability of free services.
The Service Provider is not liable for losses incurred by non-consumer Clients due to the unavailability of paid services beyond the compensation described in §5 item 2, especially not including: indirect damages of the Client, lost profits of the Client, unrealized intentions, lost gains, revenues, and Client's savings. Extending the validity of the Client's service due to service unavailability is the sole compensation possible and exhausts all client claims regarding service availability towards the Service Provider.
The Service Provider reserves the right to protect infrastructure by blocking access from IP address ranges belonging to providers (ISPs) or countries with a high risk of threats.
The Service Provider reserves the right to change the technical parameters of the service and the environment and infrastructure.

§6. Client's Liability

The Client is responsible for the data stored on their account within the services provided by the Service Provider. This also applies to data transmitted through the Client's services.
The Client is obligated to maintain current contact information, especially an up-to-date email address and phone number.
The Client is required to secure their access data to the Transactional Service appropriately. All operations carried out using the Client's access data are considered authorized by the Client.
The Client is prohibited from disseminating pornographic content, infringing copyright (including "warez" and "torrent" websites), enabling unauthorized access to third-party data, distributing illegal software, engaging in deceptive practices, inciting racial, cultural, and religious hatred, or violating Netiquette principles. The Service Provider reserves the right to forward the Client's data to the appropriate authorities in the event of detecting such content and to suspend the Client's account immediately.
The Client is responsible for regularly creating backups of their data on their own.
The Client is required to have the latest versions of installed software on the server. The Service Provider has the right to suspend the Client's services if they have software with known security vulnerabilities, outdated software versions, or software considered dangerous by the Service Provider.
The Client is responsible for securing their server access data to prevent unauthorized access to the data by third parties.
The Client is prohibited from sending unsolicited messages (SPAM). In the event of such activity being detected, the Service Provider has the right to suspend the Client's services, or in the case of persistent spamming, terminate the agreement with immediate effect.
The Client is prohibited from using the server as a transit channel for downloading illegal content from file hosting services. Upon detecting such activity, the Service Provider has the right to terminate the agreement with immediate effect.
Any network attack conducted through the Service Provider's server/servers or network, or any violation of the law in any other way, may result in immediate suspension of services and the Client's account, as well as termination of the agreement without the right to a refund.
In the event of a claim against the Service Provider from a third party regarding the Client's use of the service, the Client will represent the Service Provider in the dispute. If the Client is unable to represent the Service Provider in the dispute, the Client is liable to compensate the Service Provider for any costs incurred in the dispute with the third party.

§7 Complaints Procedure

The Client has the right to file a complaint regarding the services purchased from the Service Provider. To have the complaint considered, the Client must submit it in the form of an electronic text document within 14 days from the occurrence of the irregularity.
The Client is obligated to provide all necessary information for the proper handling of the complaint to the Service Provider's email address: [email protected].
The Service Provider reserves the right to process the Client's complaint within 31 days from the receipt of the complaint notification. If the Service Provider does not respond within this period, the complaint is deemed accepted and positively considered.
In the event of a positive resolution of the complaint, §5 item 2 or individual arrangements between the Service Provider and the Client apply.
In the case of a negative resolution of the Client's complaint who is not a consumer, the Service Provider's response is final.

§8 Termination of the Agreement

The Service Provider has the right to terminate the agreement with immediate effect without the right to a refund of paid funds in the event of the Client's violation of the Terms and Conditions, particularly in the case of violations specified in §6 item 3, §6 item 5, §6 item 6, §6 item 7, §6 item 8, §6 item 9.
The Service Provider has the right to terminate the agreement from the moment of suspending services due to the Client's failure to pay for the subsequent Billing Period for services provided by the Service Provider.
The Service Provider has the right to terminate the agreement immediately if the Client uses their account for purposes that violate Polish law.
The Service Provider reserves the right to terminate the agreement with the Client if the services activated by the Client pose a risk to the stability of the Service Provider's infrastructure, thereby hindering other clients from freely using the Service Provider's services.
Upon termination of the agreement, the Client's data will be permanently deleted. The Client has no claims for data loss.

§9 Right of Withdrawal

The Client who is a Consumer and has entered into a distance or off-premises agreement has the right to withdraw from it without giving any reason and without incurring any costs, with the exception of costs specified in Article 33, Article 34(2), and Article 35 of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
The Client who is a Consumer acknowledges that the right of withdrawal under Article 38 of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) does not apply to the following types of agreements: a. contracts for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the provision of the service that after the performance of the service by the entrepreneur, the right of withdrawal from the contract will be lost; b. contracts where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiry of the withdrawal period; c. contracts where the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs (e.g., choosing an internet domain name); d. contracts where the subject of the performance is goods that, after delivery, due to their nature, are inseparably connected with other items; e. contracts concluded through a public auction; f. contracts for the supply of digital content which is not stored on a tangible medium, if the performance of the service began with the Consumer's explicit consent before the expiry of the withdrawal period, and after informing the Consumer by the entrepreneur about the loss of the right of withdrawal from the contract.
Attachment No. 1 to this Terms and Conditions includes information about the possibility of using the right of withdrawal.
Withdrawal from the agreement results in the immediate deletion of the Client's account from the Service Provider's Transactional Service, as well as the Client's personal data, except for data stored in accordance with legal requirements.

§10 Final Provisions

Matters not covered by the Terms and Conditions are governed by the provisions of the Civil Code.
Any disputes concerning the Terms and Conditions will be resolved by the court with jurisdiction over the Service Provider's place of business, in the case where the Client is not a Consumer.
The Service Provider reserves the right to make changes to the Terms and Conditions. Changes to the Terms and Conditions come into effect within 7 days from their publication on the Service Provider's Website.

Attachment No. 1 to the Terms and Conditions for the Provision of Electronic Services

Information about the Right of Withdrawal by the Consumer

The Client who is a Consumer and has entered into a distance or off-premises agreement has the right to withdraw from it without giving any reason.

The deadline for withdrawal from the agreement expires 14 days from the day of entering into the agreement.

To exercise the right of withdrawal, the Client who is a Consumer is obliged to inform the Service Provider of their decision to withdraw from the agreement by means of an unambiguous statement.

To meet the withdrawal deadline, it is sufficient for the information regarding the exercise of the right of withdrawal to be sent before the withdrawal period expires.

Consequences of Withdrawal from the Agreement

In the event of withdrawal from this agreement, we will reimburse you for all payments received from you, including the costs of delivery (except for the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have requested the commencement of the performance of services during the withdrawal period, you shall pay us an amount that is in proportion to what has been provided until you have communicated to us your withdrawal from this agreement.