Electronic Services Contract
| 1. Terms used in the Agreement | |
|---|---|
| Operator: | SIA Hostnet, registration number 40003804266, legal address: Atpūtas iela 1/3-23, Riga, LV-1002. |
| Client: | A legally capable individual or legal entity entering into this Agreement as a client. |
| Services: | Data storage services using cloud computing technologies: virtual processors (CPU), random access memory (RAM), disk space (HDD), virtual machines, networking, IP addresses, licenses, internet connection, and other additional services. |
| E-identification: | Electronic identification of the Client on the Operator’s website, using the Client’s bank data transmission online on the Operator’s website with the Client’s online banking, bank card, or other payment system. |
| Web page: | The Operator’s website, payments.hostnet.lv, where the Client registers to receive Services. |
| User profile: | A section of the website payments.hostnet.lv, allocated and personalized for the user’s needs, which is automatically created after the Client’s registration on the website and is permanently accessible to the Client upon entering their username and password on the website. |
| Payment term: | The last day of the term by which the Client must pay for the Services in accordance with the Agreement. |
| Agreement: | This Electronic Services Agreement concluded between the Operator and the Client, consisting of General Terms and Special Terms. |
| Cabinet of Ministers Regulations: | Republic of Latvia Cabinet of Ministers Regulation No. 255 "Regulations on Distance Contracts" https://likumi.lv/ta/id/266462-noteikumi-par-distances-ligumu |
| Pasword: | During the client registration process, a combination of numbers and letters is selected, which the client uses to confirm their identity when submitting a request in the user's profile. |
| Side(s): | Client and/or Operator together. |
| Invoice: | Invoice prepared by the Operator for the payment of services, etc., for payments arising from the Agreement. |
| Special terms: | Special terms of the Agreement, which include information about the Client, the scope of the Service, etc. The special terms are available in the User profile and on the Operator's Website Special Terms. |
| General terms: | These General Terms of the Agreement are in the version published during the Client's registration at cloudhosting.hostnet.lv. The General Terms are available in the User profile and on the Operator's Website https://www.hostnet.lv/liguma-noteikumi/. |
| Third party: | Any person who is not a party to this Agreement. |
2. Conclusion of the Agreement
2.1. By concluding this Agreement, the Operator commits to providing the Client with services.
2.2. The Agreement comes into effect when the Parties have agreed on the General and Special Terms of the Agreement in the manner stipulated in the Agreement, and when the Client has completed the E-identification.
2.3. Payment of the invoice made in accordance with the General Terms of this Agreement (in the case of E-identification, the Client’s E-identification on the Operator’s website) confirms that the Client wishes to enter into the Agreement and that the Client has familiarized themselves with the General and Special Terms of the Agreement, agrees to them, and considers them binding. The Client agrees that the first invoice, which will be sent to the Client after the Agreement has entered into force when the Client has made the payment required for their identification from their bank account in accordance with the procedure set out in this paragraph, may include updated information about the Client (name, surname, bank account, residential address, etc.), which will be considered the current information of the Client.
2.4. The Operator has the right to request additional information if the Client has provided false or incomplete information. If the Client fails to provide the requested information within the specified time frame, the Operator has the right to restrict or terminate the provision of the Service.
2.5. If the Operator refuses to provide the Service to the Client, the Agreement is deemed to never have existed.
2.6. The Agreement is concluded electronically. Upon the Client’s written request, the Operator will send it in written form to the Client’s declared and/or actual residence address or legal address. A copy of the Agreement sent in this manner does not need to be signed by the Operator. The signed Agreement is stored in the Operator’s database in PDF format. The signed Agreement is kept in the database indefinitely. The fee for preparing and sending the Agreement to the Client in paper form is set at EUR 15. Upon receiving the Client’s written request and the fee for preparing and sending the Agreement, the Agreement will be sent to the Client’s specified address within two weeks.
3. Registration
3.1. To apply for the conclusion of the Agreement, the Client registers on the Website, providing all the required information. During registration, the Client specifies a Password, which the Client will use after registration to authenticate their identity when submitting Service Requests in accordance with the procedure outlined in the General Terms.
3.2. The Operator has the right to refuse the Client’s registration on the Website. The Operator is not obligated to justify the refusal to register the Client.
3.3. During the Client’s registration on the Website, the Operator will send the Client the General and Special Terms of the Agreement to the e-mail address provided during registration and in the User profile.
3.4. The Service is provided after the Client has made the payment for the Service based on a prepayment invoice issued by the Operator. If the Operator’s issued Invoice for the Service is not paid by the specified deadline and the delay exceeds 14 days, the provision of the Service will be suspended, and the Invoice will be considered null and void.
3.5. By completing the registration on the Website, the Client confirms that they have familiarized themselves with the General and Special Terms of the Agreement and that these terms are in accordance with the Client’s will.
3.6. The Client confirms that the information provided during the Client’s registration on the Website and in the User account is truthful. The Client acknowledges the legal consequences of providing false information. The Operator has the right to call the telephone number provided during the Client’s registration or any other phone number to contact the Client.
4. Decision on Registration Approval
4.1. The Operator makes a decision on the Client’s approval and registration after receiving and evaluating the information provided by the Client during registration on the Website, as well as performing an assessment of the Client.
5. Service Provision Procedure
5.1. Based on the Client’s Request, the Operator provides the Service to the Client.
5.2. During the term of the Agreement, the Operator has the right to increase the previously defined amount and scope of the Services available to the Client.
5.3. The Operator has the right to suspend or limit the Service, delete unauthorized data, and terminate the agreement in the following cases:
5.3.1. The Operator has received information about the Client’s insolvency;
5.3.2. The Client has not fulfilled the conditions of this Agreement;
5.3.3. The Parties have not agreed on amendments to the General and/or Special Terms of the Agreement;
5.3.4. In case the Client does not comply with the terms of Clause 8.5 of the Agreement;
5.3.5. If the Operator finds that the Client, using the Operator’s services and servers, has engaged in the following actions:
5.3.5.1. Copyright or intellectual property rights violation;
5.3.5.2. Committing a criminal offense;
5.3.5.3. Publicizing material that propagates cruel behavior, violence, pornography, and threatens children’s mental development;
5.3.5.4. Providing illegal file-sharing programs (torrents);
5.3.5.5. Providing anonymous email and SMS (text message) services;
5.3.5.6. Sending SPAM messages;
5.3.5.7. Hosting computer programs that may degrade or slow down the Operator’s servers;
5.3.5.8. Storing files that exceed 1GB in size;
5.3.5.9. Storing backups of other websites;
5.3.5.10. Deploying IRC scripts and bots;
5.3.5.11. Deploying proxy scripts and anonymizers;
5.3.5.12. Deploying IP scanners;
5.3.5.13. Hosting gaming servers;
5.3.5.14. Maintaining internet radio and TV;
5.3.5.15. Maintaining gambling websites and systems;
5.3.5.16. Storing software and scripts that facilitate anonymous user file uploads, which can be downloaded by others;
5.3.5.17. Public hosting plans may not be used as a storage space for files unrelated to website functionality.
5.3.6. The Client has violated the terms of Clause 13.1 of this Agreement and its subsections.
5.3.7. In case the Operator terminates the provision of the Service in the above-mentioned cases, the payment for the Service will not be refunded.
5.4. If the Operator has used the right to suspend the Service provision, the Client is not prevented from requesting the Service again after resolving the issues that caused the Operator’s refusal mentioned in Clause 5.3.
5.5. The Operator is not responsible for the Client’s inability to access the Service if it occurs due to the Internet service provider, any third party, or the Client’s own fault.
5.6. In the case of an emergency, the Operator commits to make every effort to restore the availability of the Service. The Operator has the right to take measures to eliminate emergency consequences and inform the Client after the full elimination of the emergency.
5.7. The Operator has the right to perform preventive work without consulting the Client. The Operator must notify the Client by email at least 3 (three) working days in advance about the time of preventive work and the possible interruption of Service availability. Service interruptions due to preventive work are not considered interruptions in the provision of the Service.
5.8. When the Operator performs emergency recovery work or preventive work, the Operator must ensure that the Service operation is disturbed as little as possible. The Client acknowledges that emergency recovery and preventive work have priority over the rights specified in this Agreement.
5.9. The Service availability downtime may be aggregated within a 1 (one) calendar month to calculate the total availability percentage for the month.
5.10. The Operator ensures Service availability of 99.50% per year. The Operator is obligated to provide Service availability, but temporary interruptions in Service availability may occur during improvement, testing, or damage repair works, and the Operator will not compensate for such interruptions if the downtime does not exceed 8 (eight) hours in one day and does not exceed 24 (twenty-four) hours in one month. If the downtime exceeds the above-mentioned time due to improvement, testing, or damage repair works, the Operator will recalculate the compensation based on the Client’s written request, reducing the compensation amount for the next Service period proportionally to the time the Service was unavailable. The Operator will notify the Client in advance about planned extended system and service improvement, testing, or damage repair works via email.
5.11. The Operator is not responsible for Service availability disruptions caused by unlawful actions of third parties, including, but not limited to, unauthorized access to servers, stored information, or spreading computer viruses. The Operator does not provide complete information protection.
5.12. The Client has the right to file a claim with the Operator regarding Service availability but no later than 30 (thirty) days from the occurrence of the issue. The Client’s claim must be written and sent to the Operator via email or using the Client’s profile. The Operator must consider the claim and respond within 30 (thirty) days from the date of receipt of the claim.
5.13. The Client is fully responsible for keeping their username and password confidential. Any actions performed on the website using the Client’s username and password will be considered as actions performed by the Client.
5.14. For each day of delay in Service payment, the Client must pay a penalty of 0.75% of the overdue amount within ten days from the date the calculation was issued and compensate the Operator for all damages incurred in this regard. Payment of the penalty does not release the Client from fulfilling other obligations.
5.15. All software provided by the Operator according to the terms of this Agreement is owned by the Operator and must be returned (or discontinued) by the Client when the Operator ceases to provide Services to the Client.
5.16. The Client confirms that they have the necessary skills, knowledge, and abilities to use the Service.
5.17. The Operator is not responsible for the software installed in the Service by the Client, including compliance with copyright laws.
5.18. The Operator confirms that all software offered in the Service is owned by the Operator, and the Operator has all necessary permissions (licenses) for its use within the scope of this Agreement.
5.19. The Client is obligated to comply with all third-party terms and/or conditions regarding software licenses.
6. Right of Withdrawal
6.1. If the Client has registered as a natural person, the Client has the right to unilaterally withdraw from the Agreement within 14 calendar days from the moment the Agreement enters into force, by sending a written request to the Operator regarding the exercise of the right of withdrawal via email or the Operator’s online system.
6.2. The withdrawal request must include the following information:
6.2.1. The name and legal address of the Operator;
6.2.2. The Client’s name, surname, and personal code;
6.2.3. The document title “request”;
6.2.4. A statement of withdrawal from the Agreement, which takes effect once the Client has made full payment to the Operator;
6.2.5. The place and time of composing the request;
6.2.6. The Client’s signature;
6.3. Regardless of Section 6.1 of this Agreement, any Client has the right to unilaterally withdraw from the Agreement within 30 calendar days from the moment the Agreement enters into force. The right of withdrawal mentioned in this section is granted only to those Clients who have not had previous contractual or business relationships with the Operator.
7. Duration of the Agreement and Service Provision
7.1. The duration of the Agreement corresponds to the period for which the Client has paid for the provision of the Service.
7.2. The Client has the right to unilaterally withdraw from the Agreement by submitting a written notice to the Operator and making all payments arising from the Agreement before the termination of the Agreement. The notice of withdrawal from the Agreement takes effect once the Client has made full payment to the Operator for all obligations arising from the Agreement.
8. Rights and Obligations of the Parties
8.1. If the information provided by the Client during registration changes, the Client is obliged to update their User profile and enter the current information into the User profile.
8.2. The Client undertakes to exercise due diligence to ensure that the Client’s confidential information (including the User profile username and password) does not fall into the hands of third parties. The Client is obliged to use only secure electronic communication and data transmission means and equipment.
8.3. The Client undertakes to unconditionally fulfill the obligations of the Agreement and, in connection with their fulfillment, assumes the risk of delay consequences and unforeseen events. The Client assumes the risk of unforeseen events only if the Client has acted contrary to legal regulations or the terms of the Agreement.
8.4. If the Operator has sent the Client regular or registered letters with reminders about delays in fulfilling obligations arising from the Agreement, the Operator has the right to recover from the Client the costs associated with preparing and sending the letter, not exceeding 15.00 EUR per letter.
8.5. The Client is responsible for placing their own data and managing it after placement, as well as installing and configuring software. The User is obliged to ensure the functionality of the installed software themselves. All Microsoft software licensing matters related to the provided Services are coordinated solely by the Operator. The User is not permitted to install or use their own Microsoft software licenses. The User is allowed to rent Microsoft software licenses only from the Operator, which are available within the scope of the Services. If the Client uses software without authorization, the provision of Services may be discontinued without prior warning.
9. Liability
9.1. If the Client delays payments arising from the Agreement, the Operator has the following rights:
9.1.1. Apply late payment interest to the Client at a rate of 0.75% of the overdue payment principal for each day of delay and provide information about the non-fulfillment of obligations to entities that collect data on debtors, negatively affecting the Client’s credit history;
9.1.2. Initiate debt recovery proceedings by filing a claim in court for compulsory debt collection, including transferring the rights to recover overdue payments to third parties, as well as the rights to process the Client’s personal data and enter this data into public databases. In the case of overdue payment recovery, the recovery costs are borne by the Client;
9.1.3. The Client agrees that, in cases where the Client delays payments stipulated in the Agreement, the Operator and/or third parties are entitled to visit the Client at their workplace, place of work performance, and/or residence, after prior coordination with the Client.
9.2. The Operator has the right to demand early fulfillment of the Service fees and other payments arising from the Agreement from the Client in the following cases:
9.2.1. The Client has provided false information to the Operator;
9.2.2. The Client has violated any of the points in the General Terms of the Agreement;
9.2.3. A pecuniary claim is brought against the Client in an arbitration court or court, valued at an amount exceeding the Service fee, or a decision is made for compulsory enforcement of obligations in a warning procedure or undisputed compulsory enforcement, or information about the Client’s debts exceeding the Service fee is entered into debtor databases, or recovery actions are initiated against the Client;
9.2.4. A court ruling on the initiation of the Client’s insolvency or legal protection proceedings has entered into force.
9.3. The Parties are not liable for the non-fulfillment of their obligations if the obligations were not fulfilled due to force majeure circumstances. The Parties consider force majeure to be circumstances that they could not have foreseen or influenced in advance, including power outages, legal acts adopted by institutions of the Republic of Latvia or the European Community, strikes, military actions, natural disasters, or other reasons that the Parties could neither prevent nor predict. A Party may invoke force majeure only if it has taken all actions within its control to fulfill its obligations under the Agreement. After the elimination of force majeure circumstances, the Party is obliged to immediately resume fulfilling its obligations.
9.4. When using communication means during the execution of the Agreement, the Operator is not liable for losses caused by disruptions in postal, facsimile, electronic, or other communication means, as well as technical equipment ensuring the respective Operator’s services, including, but not tegorized to, disruptions in communication means, disruptions in the operation of the Website, or disruptions in the operation of credit institutions’ electronic data exchange and payment systems (including online banking).
10. Customer Data Processing and Privacy
10.1. The Client is informed that during the term of this Agreement, the Operator will process (collect, store, register, input, transfer, transmit, playback, etc.) data about the Client (including name, surname, personal code, address, email address, phone number, outgoing and incoming calls where the Client’s voice is audible), and its obligations towards the Operator (including active obligations (currently valid), duly performed obligations (historical), as well as improperly fulfilled obligations (debts)), including but not limited to – the basis, amount of obligations, ancillary claims, due date of obligations, date of occurrence of obligations, with the purpose of assessing the Client’s creditworthiness.
10.2. The Client is informed that the Operator has the right to transfer the data referred to in Section 10.1 to third parties, including subcontractors, and receive data from third parties, databases, record-keeping systems, and process them for the purposes and objectives of this Agreement and within the legitimate interests of the Operator.
10.3. The server on which the Operator’s website is hosted records the Client’s requests (your open web addresses, the device and browser you use, IP address, access time). This data is used solely for technical purposes: to ensure the proper functioning and security of the website and investigate possible security incidents. The legal basis for collecting and using such data is the Operator’s legitimate interest in ensuring the technical availability and security of the Operator’s website.
10.4. The Operator uses this data within its legitimate interests as a company to improve the understanding of the client’s needs and preferences to provide better services and enhance the availability of the services provided by the Operator. The Client’s data is processed for the time necessary to ensure the operation of the Client’s account, including the time required for data backup storage for system integrity and security, protection of the Operator’s and Client’s interests, as well as compliance with legal obligations. A detailed description of cookies can be found in the website’s cookie policy.
10.6. The Client acknowledges that upon termination of the contractual relationship, i.e., when the Operator ceases to provide services under this Agreement, the Client resigns from the Operator’s services, or the Operator terminates the provision of services, if the Client does not comply with the terms of this Agreement, or for any other reason, the Operator will retain the Client’s entered and stored data for a period not exceeding three months after the completion of service provision, unless the parties agree on other terms upon the termination of the contractual relationship.
10.7. The Operator has the right to retain personal data that is necessary to protect its legitimate interests against possible infringement or threat even after the termination of the contractual relationship with the Client (legitimate interest). Such data includes data that confirms the Client’s Service usage history.
10.8. If the parties agree that upon termination of service provision, in accordance with Section 10.6, the Operator will transfer all stored data to the Client and delete all personal data upon handover, the data transfer to the Client is a paid service provided by the Operator, and the Client shall pay for this service according to the separate agreement. At the same time, the Client confirms that they are informed of the options to retrieve data independently without the Operator’s involvement.
10.9. The mandatory technical protection of personal data related to the personal data entrusted to the Operator is implemented by physical and logical protective means, ensuring protection through software tools, passwords, encryption, cryptography, and other logical protection measures.
10.10. When processing personal data, the Operator ensures access to authorized persons to the technical resources used for personal data processing and protection (including access to personal data) and ensures that information carriers containing personal data are registered, moved, organized, transformed, transferred, copied, and otherwise processed by authorized persons.
10.11. The collection, recording, organization, storage, copying, rewriting, transformation, correction, deletion, destruction, archiving, backup, and blocking of personal data are carried out by authorized persons and ensure the possibility of determining personal data that was processed without the corresponding authorization, as well as the processing time and the person who performed it.
10.12. The resources used for personal data processing are moved by authorized persons.
10.13. If the Client has not complied with Section 8.2 of the Agreement and has not implemented appropriate security measures to prevent third-party access to the Client’s data (e.g., weak passwords, malware, software vulnerabilities, etc.), and as a result of the Client’s actions, an audit is required to address the data security threat or incident and/or restore system functionality, the Operator will mitigate the consequences caused by the Client’s actions, and the Client is obliged to pay for the work performed by the Operator to restore the service.
10.14. In order to provide the Client’s requested services and ensure the full provision of the Operator’s services and functions, cookies may be used. In this case, the Operator may receive and store information about the used internet browser, including IP address and device information, for the time and extent necessary to achieve a specific purpose. Cookies are used in accordance with the Client’s choices and legal requirements, including in the context of information society services. The User can change the settings at any time and prevent the use of such cookies, but in that case, the Client is informed that the service provided by the Operator may be incomplete or unavailable.
10.15. The Client’s data is processed in accordance with the relevant data processing purpose and time period necessary to ensure the provision of services. The legal basis for processing is the Client’s consent, providing the Client’s requested services, complying with legal obligations, and respecting the Operator’s legitimate interests. Providing consent is the Client’s free choice, and refusal to provide consent does not impose additional obligations on the Client. However, the data necessary for service provision arises from the nature of the transaction and/or legal requirements, so processing such data is essential, and refusal to provide it may result in partial or complete refusal to provide the service.
10.16. The use of the Operator’s services is the Client’s confirmation that the Operator has the right to process the Client’s personal data, including personal identifying codes, and use technological solutions to execute transactions, manage settlements, handle claims, control service quality, and implement other obligations related to the Client’s account service under the applicable legal requirements.
10.17. Within the framework of legitimate interests, the Operator has the right, in cooperation with partners and group companies, to process data for statistical purposes and business information and analysis summaries, service and system development and improvement, and providing offers, support for the Client’s service use, security, and fraud prevention. The Client is entitled at any time to contact the Operator with a written request to clarify the affiliated cooperation partners.
10.18. The Client, by using the Operator’s service, is aware that the website allows the use of services provided by other providers, and therefore, the Client is informed and acknowledges that the relevant service provider is responsible for the security of personal data and information when using the respective services provided by third-party partners. In cases where only the Operator’s service is used, the Operator ensures data storage in data centers located within the European Union.
11. Confidentiality
11.1. The Operator confirms that any information about the Client in connection with this Agreement is confidential. Such information about the Client will be provided by the Operator only in the manner and scope prescribed by applicable laws and to persons authorized by law.
11.2. The violation of confidentiality rules will not be considered the Operator’s actions with the Client’s data as outlined in Sections 9 and 10 of this Agreement.
12. Amendments
12.1. Any amendments to the Agreement shall take effect only after they have been approved in the manner provided in this section. The Operator sends its proposal for amendments to the General and Special Terms of the Agreement to the Client’s email address provided during registration on the Website, posts it on the User’s account on the Website, and after receiving the Client’s written request, sends it to the address provided by the Client. The fee for preparing and sending the amendment of the Agreement to the Client in paper form is set at 15 EUR. After receiving the Client’s written request and the payment for the preparation and sending of the amendment, the amendments will be sent to the Client’s specified address within two weeks.
12.2. The Client has 30 calendar days from the receipt of the offer to accept or reject the offer, in accordance with the provisions of section 12.3, or to submit a written counteroffer, which may be approved or rejected by the Operator. For amendments related to payments under the Agreement, the Operator shall notify the Client individually 30 calendar days before the changes take effect.
12.3. The Client agrees/disagrees (expresses their will) with the amendments to the General and Special Terms of the Agreement (new version of the Agreement) as follows:
12.3.1. After the Operator has published the Agreement with amendments in the User’s profile, the Client electronically marks the approval/rejection of the amended Agreement in the User’s profile;
12.3.2. If the Client does not agree with the proposed amendments to the Agreement, it will be considered that the Client has unilaterally terminated the Agreement in accordance with section 7.2.
13. Service Provision Limitations
13.1. The parties agree that the Services are provided for operations and parameters, the description of which is exhaustively provided in the special terms.
14. Other Terms
14.1. The Operator has the right to assign its claims against the Client to third parties, informing the Client about the assignment of the claim rights.
14.2. All notifications from the Parties must be made in writing in either Latvian or English and sent to the other Party by mail, fax, or email, to the address or fax number provided in the Agreement or during the Client’s registration. An email will be considered delivered to the other Party immediately after sending, and a printout from the respective email browser or website will serve as proof of sending. According to the second part of Section 3 of the Electronic Document Law, the electronic document sent by one Party to the other Party electronically will be considered signed with a digital signature.
14.3. Correspondence sent by mail, except for the Invoice, will be considered received on the 7th calendar day after the date indicated by the Latvian postal stamp for registered letter receipt, or the 20th calendar day if the Client is located outside the Republic of Latvia.
14.4. The Client freely and unequivocally agrees to receive commercial notifications, advertising materials, updates, and other similar information sent to the Client’s email address. The Client confirms that they have no objections now or in the future to the use of their email address for sending such information. The Client does not object to receiving advertising materials in this manner, nor to the content of these materials. The Client has the right to opt out of receiving commercial notifications at any time via their user profile.
14.5. Any disputes will be resolved through negotiation. If the Parties cannot resolve the dispute through negotiation, any dispute, disagreement, or claim arising from the Agreement, regarding its breach, termination, invalidity, will be resolved in court according to the procedures specified in the laws of the Republic of Latvia.