Terms and conditions for the provision of the Hosting service.
uPDATE: 2019.04.16
§1 General provisions
- The regulations define the rules of rendering by Krakweb, the hosting service consisting in providing access to the server for the purpose of storing the data of the recipient (the Hosting service), hereinafter also referred to as the user or the client.
- The use of the Hosting service is conditioned by the user's acceptance of the terms and conditions of these regulations and respecting the binding legal regulations on his part.
- These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.
§2 Definitions
- Rules and Regulations - these Rules and Regulations, setting out the principles for the provision of hosting services consisting in making available for use a server for the purpose of storing data of the Customer on it (hosting service);
- Service - the website www.krakweb.pl, operated by Krakweb connected to the server administration panel available at a separately indicated URL address.
- Krakweb/Organiser - the owner and administrator of the Website, providing the hosting service on the basis of these regulations, i.e. - Justyna Woszczyna Agencja Interaktywna Krakweb.pl based in Krakow, ul. Rzemieślnicza 19/124B, (30-363 e-mail: kontakt@krakweb.pl,
- User - Entrepreneur using the hosting service on the basis of the Regulations in connection with his/her economic or professional activity, including non-registered activity in the meaning of Article 18 of the Act of 6 March 2018 The Law of Entrepreneurs (non-registered activity).
- Entrepreneur - a non-consumer entity, including a natural person conducting non-registered activity.
- Account - an individual, electronic account within the Website activated for the User in order to enable the User to use the services of the Website.
§3 Hosting Service - General provisions
- On the basis of the rules specified in the Regulations, including taking into account the technical conditions specified in the appendix to the Regulations, the Organiser provides the Hosting service within the Website.
- To use the Hosting service, the User has to fill in an electronic order form available on the Website and send it to the Organiser. Upon receipt of a correctly completed order form by the Organiser, an agreement for the provision of the Hosting service is concluded between the User and the Organiser, and the Organiser is obliged to provide the Hosting service to the User on the terms and conditions specified in the Regulations.
- In order to do so, the User should be guided by the messages displayed to the User and the information available on the website.
- The contract for the provision of the Hosting service is concluded for a period of one (1) year (subscription period), which may be extended by the User under the following terms and conditions and subject to the provisions of § 4(2) of the Regulations.
- Thirty, days before the expiry of the subscription period, Krakweb shall inform the User via e-mail about the expiry of the subscription period and the amount of the fee for possible prolongation of the Hosting service agreement by the User for another 1-year subscription period. The agreement is automatically extended for this period if the required payment is made no later than on the last day of the existing subscription period. If the payment is not made within the aforementioned period, the User's account is blocked with the possibility of reactivation if the payment is made within the next 30 days. If the payment is made within this period, the subscription period is extended by a further year, starting from the date of payment. Failure to make the required payment within this period will result in deletion of the User's account.
- The Organiser undertakes to activate the hosting service in the domain indicated by the User in the electronic form - within 3 days from the day of receiving the payment due for the hosting service for the period indicated in the electronic order form. The condition of availability of services under the domain is correct delegation of the domain to DNSy indicated by Krakweb.
- The Organiser guarantees the availability of the Hosting service during the subscription period at the level of 99.9 % per year. In the case of breaks in the service provision during the paid subscription period, the total duration of which exceeds the maximum allowed time of service unavailability, the Organiser, , is obliged to extend the subscription period of the service by another 2 days for each started 24 hours of the total duration of breaks - unless the data transfer limit available to the User has already been used in the subscription period.
- In order to ensure the best possible quality of the Hosting service, the Organiser has the right to update the software used in the provision of the service. Software updates are performed on the server, of which the User is informed by e-mail.
- Data placed on the server as part of the User's use of the Hosting service is stored by the Organiser on the server during the subscription period paid by the User and for the next 30 days, after which - if the subscription period is not extended according to the rules specified in the Regulations - it is deleted from the server.
- The data referred to in the preceding paragraph are saved as part of a security copy (backup), which is updated once a day. Only the most recent backup copy is stored on the server, containing only those data which were on the server at the time of its preparation. All other data is automatically deleted from the server.
- It is forbidden to place on the server provided by the Organiser - both on the part of the User and his/her potential customers - content of an unlawful nature, including:
- violating other people's intellectual property rights,
- violating personal interests of others, including those affecting the reputation of the Organiser and the Website,
- of a pornographic nature,
- other content violating legal regulations or contrary to good morals,
- as well as content advertising services competitive to the Website.
- The User is obliged to use the Hosting service in a manner that does not violate the rights of third parties, including the rights of other Users.
- Disputes between the Organiser and Users concerning the execution of the Hosting service agreement shall be settled by a court competent for the seat of Krakweb.
- The Organiser and the User have the right to assign the rights and obligations resulting from the concluded Hosting service agreement to third parties.
- The use of the Website is possible on condition that the ICT system used by the User meets the following minimum technical requirements, up to three versions backwards, with JavaScript and Cookies enabled for the following browsers: Google Chrome, Firefox, Internet Explorer / Edge, Safari, Opera
§4 Payment
- The use of the hosting service is subject to payment. The amount of the fee depends on the data transfer limit and is specified in the price list applicable on the date of conclusion of the contract and on the date of contract renewal, respectively. The price list may be subject to change of which the User will be notified in a manner compliant with the provisions of the law in force on the territory of the Republic of Poland. A change of the price list shall not affect the change of the terms and conditions of the hosting agreement concluded with the User in the subscription period in which the price list change occurred.
- If the change of the price list refers to the Users using the service within the subscription period, the User is entitled to terminate the Agreement within 30 days from the date of delivery of the notification on the change of the price list, without having to pay any compensation. If the contract is not terminated within the aforementioned period, the new price list shall apply to the User.
- The notice of termination shall be made in writing and sent to Rzemieślnicza 19/124b.
- If the transfer limit to which the User is entitled is exceeded, the subscription period of the service shall be shortened to the day on which the transfer limit was exhausted. The next subscription period of 1 (one) year starts from the date the transfer limit is exceeded and the Organiser issues a pro forma VAT invoice for the fee for the provision of the Hosting service in the next subscription period according to the current price list. This period and any subsequent subscription periods may be shortened in the situation and under the conditions specified in the first sentence above. In the event of non-payment of a pro forma VAT invoice within the required period, the Hosting service agreement shall expire and the User's account shall be deleted from the Website.
- Payments of amounts due for the provision of the Hosting service shall be made by bank transfer to the Organiser's bank account (link - Organiser's bank account). VAT invoices for this are issued taking into account the User's data provided in the User Panel of the Website.
§5 Responsibility of User and Organiser
- Violation of the prohibition on posting illegal content on the server may result in legal liability for the User or their customers. If the Organizer receives an official notification or credible information about the unlawful nature of the content placed on the server, the Organizer shall have the right to prevent access to it or to remove it and, in the case of a culpable violation of the above prohibition by the User, to terminate the Hosting Service Agreement with immediate effect for the User.
- The Organiser shall not be liable for:
- impediments to the use of the Hosting service caused by the malfunctioning of the User's or the User's clients' computer hardware or software, as well as the actions of third parties or force majeure,
- placement of unlawful content on the Website by the User, his/her clients or other third parties,
- damage caused by the actions of the User or his/her clients in connection with the use of the Hosting service, and constituting a circumstance for which the Organiser is not responsible.
- lack of access to data deleted in connection with the making of subsequent security copies as part of the provision of the Hosting service.
- The total liability of the Organiser for non-performance or improper performance of this agreement is limited to the amount of the last annual fee paid by the User for the provision of this service.
- The Organiser reserves the right to block the User's account and terminate the agreement for the provision of the Hosting service to the User with immediate effect in the event of the User's failure to comply with the provisions of the Regulations or the provisions of the law in force in the territory of the Republic of Poland.
§6 Privacy Policy
- The administrator of the User's personal data is Krakweb, while the administrator of the personal data placed by the User on the server on the basis of these Regulations is the User.
- By concluding an agreement for the provision of Services with Krakweb, the User entrusts Krakweb with the processing of personal data placed by him or her on the server on the basis of an agreement of entrustment of data processing which is an annex to the Regulations.
- Provision of personal data by the Users is completely voluntary, but at the same time necessary for the execution of the Services referred to in the Regulations.
- Krakweb ensures the protection of personal data entrusted to it by the Users for processing. The processing of personal data takes place in accordance with the provisions of the law in force on the territory of the Republic of Poland, in particular: The Law on the Protection of Personal Data, the Law on the Provision of Electronic Services and the relevant implementing acts, as well as, from 25 May 2018, in the General Data Protection Regulation ("RODO").
- Krakweb applies appropriate technical and organisational measures ensuring the security of personal data provided by the Users, in particular preventing access to them by third parties or their processing in violation of the law, preventing the loss of data, their damage or destruction.
- Detailed information on the processing of Users' personal data can be found in the Service's Privacy Policy available at: https://krakweb.com/polityka-prywatnosci
§7 Complaints
- The User has the right to lodge complaints regarding the quality of the provision of the Hosting service.
- Complaints are submitted electronically to the following e-mail address of the Organizer kontakt@krakweb.pl
- The Organiser shall consider the User's complaint as soon as possible, no longer than 30 days. The Organiser shall send information on the manner of considering the complaint to the User at the e-mail address provided by the User.
§8 Changes to the Regulations.
- The Terms and Conditions may be amended, of which the Users will be notified by e-mail, at least 7 days before the proposed effective date of the amendments.
- Prior to the proposed effective date of the changes, the User has the right to terminate the contract for the provision of the Services without incurring additional charges. In this case, the contract shall be terminated:
- upon termination of the Services paid for by the User when the User has paid the fee;
- upon the entry into force of these changes - in other cases.
- The termination notice shall be addressed in writing to the address of Krakweb. If the termination of the agreement is submitted in documentary form, Krakweb may, at its own discretion, accept the termination notice or make its acceptance conditional on its confirmation in writing.
- In the absence of termination of the agreement within the time limit referred to in this paragraph, it shall be assumed that the User accepts the changes and is bound by the new version of the Regulations.
- The contract for the provision of the Hosting service is concluded in the Polish language.
- Users may access these Terms and Conditions at any time via a link on the main page of the Website (as at the date of signing the agreement, the address is: www.krakweb.pl/regulamin-hosting ) and download and print them. Recording, securing, making available and confirming to the User the significant provisions of the agreement for the provision of the Service takes place through the inclusion of the content of the Regulations on the aforementioned page.
- The law applicable to the contract for the provision of Services shall be the law in force in the territory of the Republic of Poland.