General Terms and Conditions for the provision of web hosting services, domain registration and other related services (hereinafter “GTC”) of the company All2U services sro, Company number: 52500471, with its registered office: Karpatske namestie 10A, Bratislava – Raca, 831 06, Slovak Republic, entered in the Commercial Register of the District court Bratislava I, dept.: Sro, file number: 139452/B
1.1 Company All2U services sro, Company number: 52500471, with registered office: Karpatske namestie 10A, Bratislava – Raca, 831 06, Slovak Republic, registered in the Commercial Register of the District Court Bratislava I, section: Sro, file number: 139452/B (hereinafter only “Provider”) is a provider of web hosting, e-mail, second-level domain registration, server housing, virtual servers, server rental and other related services (hereinafter individually referred to as “Service” or collectively as “Services”) according to the subjects of business registered in the business registers.
1.2 The subject of the GTC is the regulation of the mutual rights and obligations of the Provider and the User. The GTC are an inseparable part of the Agreement concluded between the Provider and the User. These GTC also apply to the rights and obligations of a third party designated or authorized by the User acting in the name and on behalf of the User in connection with the relationship between the Provider and the User under these GTC. The contractual relationship based on these business conditions arises between the Contracting Parties at the moment of sending the duly executed order by the User and is governed by the provisions of the Civil Code and related regulations.
1.3 These GTC apply exclusively to the provision of those Services to Users, which are listed therein and, together with all other written contractual documents and oral agreements concluded between the Provider and the User in connection with the provision of Services, define the content of the contractual relationship between the Provider and User. These GTC do not apply to the delivery of goods by the Provider as a supplier to third parties.
1.4 By paying the Price for the ordered Service, the User confirms that he has read the wording of these GTC.
2.1 The “Web hosting” service is a service that allows the User to place and operate domains together with space on the Provider’s domain host server. The “Web hosting” service usually also includes the “Electronic Mail” service. These services can also be provided separately.
2.2 The “E-mail” service is a service consisting in allowing the User to create a certain number of e-mail boxes, aliases, as well as a domain basket, e-mail redirection and access to e-mail via the web interface, POP3 and / or IMAP protocol.
2.3 The second-level “Domain Registration” service means the Provider’s service consisting in performing acts aimed at obtaining possession of a second-level domain name (hereinafter referred to as the “domain”) for the User, as:
a) domain registration in the name and on behalf of the User; or
b) domain registration in the name and on behalf of the Provider with a priority right of use for the User,
according to the applicable applicable rules and conditions of the registration authority of the generic or national first level Internet domain (hereinafter “domain administrator” and “domain administrator rules”). Domain possession means legitimate domain possession according to the rules of the domain administrator. Priority use right for the User for the domain means the right to use the domain on the basis of a contract (order) concluded between the Provider and the User in accordance with these GTC and domain administrator rules, where the Provider holds the agreed domain and the User has a priority right. Instructions to the Provider for handling the domain, operating websites on the domain, determining the direction of the domain to name servers, requesting the transfer of the domain to the User or a third party and the obligation to pay the Provider remuneration for the provision of the Service. The Provider may establish a priority right of use for the User for the domain only if the rules of the domain administrator allow it.
2.4 “Other related services” are in particular server housing, server rental or rental or operation of a virtual server, domain redirection, shell account, administration of Services provided to the User as well as other services that the Provider provides or will provide in the future within the objects of its business, registered in the commercial register.
2.5 The Provider provides the Services according to its knowledge and technical capabilities, as well as the technical capabilities of its subcontractors in a quality corresponding to the generally recognized requirements for the Services and provided to the User in similar legal relationships with other providers.
3.1 The Agreement on the provision of web hosting services, domain registration and other related services (hereinafter referred to as the “Agreement”) is a standardized form agreement on the basis of which the User orders the Provider’s Services. The completed and sent form marked as an Order with the obligation to pay is also considered a Contract. The draft Agreement (Order) in the form of an unfilled form is located and accessible to everyone on the Provider’s website and allows the entry of data about the User and the Services and their binding order from the Provider.
3.1.1 A contract for work, service contract, contract for the provision of individual services or other contract is concluded between the Provider and the Customer or the User separately in writing for the delivery of the work or provision of services based on individual requirements of the Customer or the User, especially in cases where not covered by the Agreement on the provision of web hosting services, domain registration and other related services. The provisions of these GTC shall apply mutatis mutandis to the contractual relationship established by such a contract, unless the contracting parties have expressly agreed otherwise in writing. If the term “Contract” is used in these GTC, it also means a contract concluded in accordance with this point of the GTC.
3.1.2 An individual agreement is a special agreement on the qualitative or quantitative parameters of the provision of the Service and sanctions for non-compliance; there is no legal right on the part of concluding such an agreement on the part of the User. The individual arrangement becomes an inseparable part of the Contract to which it is concluded, as its annex or supplement, on the day of its conclusion.
3.2 The GTC are these General Terms and Conditions, which are an inseparable part of the Contract, unless the parties have agreed otherwise in writing.
3.3 The User is a natural person or legal entity that is in a contractual relationship with the Provider on the basis of the Contract (Order).
3.4 The hosting service is the provision of services intended for the operation of Internet applications and services related to the operation of domain names through the resources of the Service Provider. The content and subject of the services is defined by the Provider’s current offer published on the Provider’s website, or is the subject of the Agreement between the Provider and the User. The hosting service is provided for the operation of a specific domain name.
3.5 The Internet is a public data network, enabling the transmission of data communication between network endpoints or other forms of communication.
3.6 Unlimited disk space means disk space with a capacity (maximum occupancy limit) corresponding to the current user standard for a specific type of User, taking into account the possibilities of the Provider or its subcontractors and maintaining the continuity of operation of the Provider or its subcontractors. Upon request, the Provider may increase the disk capacity without additional price increase or with additional price increase, taking into account its possibilities and maintaining the continuity of operation of the Provider’s equipment or its subcontractors. The Provider reserves the right to refuse to increase the disk capacity for the User in the event of a threat to the smooth operation of the Provider’s equipment or its subcontractors.
3.7 A server is a computer permanently connected to the Internet, through which the hosting service is provided.
3.8 Unlimited number of e-mail boxes means the number of e-mail boxes corresponding to the current user standard for a specific type of User, taking into account the possibilities of the Provider or its subcontractors and maintaining the smooth operation of the Provider’s or its subcontractors’ equipment. At the request of the User, the Provider may increase the maximum number of e-mail boxes without additional price increase or with additional price increase, taking into account its possibilities and maintaining the continuity of operation of the Provider’s equipment or its subcontractors. In the event of a threat to the smooth operation of the equipment, the Provider reserves the right to refuse a repeated increase in the maximum number of e-mail boxes.
3.9 Unlimited data transfer means the flow of data directed to the domain held or used by the User from the Internet or from the domain held or used by the User towards the Internet and data flow in capacity corresponding to the current user standard for a particular type of User, taking into account the Provider’s options and maintaining the continuity of operation of the Provider’s equipment or its subcontractors.
3.10 Warez means illegally acquired or offered software or a data file containing a work protected by intellectual or industrial property law (eg, books, movies, music), illegally acquired or offered access rights to use the software, or instructions for illegally obtaining the software; or other data.
3.11 The price is agreed in accordance with Act no. 18/1996 on prices, as amended, as a contractual price and consists of the sum of the prices of all individual acts provided within the Service. The price of the provided Service is stated in the Price List. Based on its decision and under pre-determined and published conditions, the Provider may provide a part of the Service or the Service as a whole to the User fulfilling these specified conditions, free of charge. The price is charged the relevant rate of value added tax according to the legal provisions in force at the time of providing the Service.
3.12 The Price List is a list of Prices for individual Services provided by the Provider, surcharges, free services, details of one-off, regularly recurring and variable prices, including the beginning of the billing and end of the billing period, the method of payment of the Price, information on how the User can request information on possible discounts from the Price. The Price List is an inseparable part of the Agreement, unless the Service is provided in accordance with clause 3.11 – free of charge. Individual prices in the Price List are always stated without VAT, a unit of measure and for the relevant time period.
3.13 Leasing of capacity, computing and software resources of the server is a shared lease of hardware and software resources of the server to the Service User for the purpose of processing the requirements of the used applications. The rate of use of server resources by one User at a given time is limited by the rate of use of server resources by other Users.
3.14 Operation of the Internet application means the operation of the application (especially the www presentation) through the resources of the server for the benefit of the User and third parties. During the operation of applications, the User is allowed to use the server software provided within the Hosting Service (PHP, Databases, …).
3.15 A domain name is a name provided by a domain name administrator for identification on the Internet (hereinafter referred to as a domain). Domain name operation is a service of administration and maintenance of NS records of the operated domain.
3.16 The day of proper establishment of the Service is the day of payment of the Price of Services by the User. The period of temporary establishment of the Service for the purpose of testing is, unless stated otherwise, the period from the date of ordering the Service to the date of establishment of the Service. The day of extension of the Service for the next period is the day of payment of the Price of the Service for the next period by the User. The day of the taxable supply is the day of the proper establishment of the Service or the day of the extension of the service.
3.17 “Community” is an association of users of the Provider’s services. The community is mostly collected on the web portal https://community.nuclear.hosting. The community actively communicates with its members, with the Provider, provides technical support to other members of the community, assists in directing further operations and development of the Provider’s services.
3.18 Membership – the User becomes a member of the Community at the moment of Ordering the Provider’s Service and activating the registration by the User. Membership includes Services and Hosting Services as specified by the Provider on its website. Membership terminates on the date of termination of the Service.
4.1 Every person interested in the Services has the right to conclude a contract with the Provider under the conditions stipulated by generally binding legal regulations and these GTC.
4.2 The Contract may be concluded at a distance by filling in and sending the Order via the Provider’s website or in writing. The Contract concluded by filling in and sending the Order via the Provider’s website becomes effective only upon payment of the first installment of the price of the Service on the basis of an advance invoice issued by the Provider, unless the Service is provided free of charge. In the case of providing the free Service, the contract is concluded at the moment of delivery of its acceptance by the Provider to the User, by e-mail or other provable way or at the moment of the actual start of the provision of the Service.
4.3 The Provider is bound by its offer, including the Price, until the due date of the advance invoice.
4.4 The minimum period for which it is possible to conclude a Contract for the provision of a specific Service is specified for individual Services in the Price List.
4.5 The GTC and the Price List are an inseparable part of the Contract.
5.1 The Provider shall enable the User to use its server and software for the operation of the Hosting Service to the extent specified in the Agreement. The Provider’s server is located in the housing center of a third party as a subcontractor of the Provider.
5.2 The Provider is obliged to ensure the continuous operation of the Hosting Service. Exceptions to this obligation are facts that cannot be influenced by the Provider and cannot be prevented (eg force majeure, accidents, failures of public telecommunications networks, etc.), or actions necessary to ensure the operation of the Provider’s services (eg hardware maintenance, software updates etc. ).
5.3 The Provider is obliged to perform continuous monitoring of functionality and operation on the server and to ensure continuous management of the server for optimal operation of the service.
5.4 The Provider is obliged to regularly update the server software, both in terms of functionality and security of the server.
5.5 The Provider is obliged to take measures to reduce or completely eliminate possible outages in the provision of the Service.
5.6 The Provider is obliged to perform the planned preventive disconnection of the provided Service with the aim of checking, maintaining or replacing the hardware, or setting or updating the server software (hereinafter referred to as the “Service outage”).
5.7 The Provider is obliged to inform in advance about the planned outage of the Service on its website, or by e-mail, via social networks or in another suitable form to notify the affected Users.
5.8 The Provider is obliged to provide the service against disruption of operation by a third party or against misuse of the service by the User, depending on the nature of the provided program resources. In the event that a situation arises where the solution of the security and scope of the offered services comes into conflict, the security of the service takes precedence.
5.9 The Provider registers the domain name on the basis of accepting payment for the domain name according to the conditions and the valid price list issued on the Provider’s website. The Provider will register and pay the registration fee to the domain registrar within 3 working days from the date of receipt of payment from the User.
5.10 When registering a new domain, the Provider is not responsible for the faster registration of the ordered domain by the 3rd party, if it takes place in time for the necessary execution of the usual tasks of order processing, ie. especially at the time necessary to credit the payment for the Service to the Provider’s account, perform communication tasks within the domain registration processes, or also meet the above-standard requirements specifically specified by the Customer.
5.11 For the registration of a domain name, the Provider uses the data provided by the User when ordering the Service. The Provider is not responsible for possible errors caused by providing incorrect data to the User.
5.12 The Provider is obliged to notify the User in good time of the fact that the time for which the User has subscribed to the Service or domain name is approaching, in the form of an e-mail message sent to the contact e-mail provided by the User. The Provider is not liable for possible damage from the forfeiture of the User’s domain name in the event that the User makes a payment to the registrar directly without mediation by the Provider.
5.13 The Provider has the right to cancel the Service provided to the User who is in arrears with payment for more than 14 days. In the event of cancellation of the service due to non-payment of the service by the User, the Provider is not liable for damage caused by the loss of the User’s data and the loss of availability of the operated applications.
5.14 The Provider is not responsible for the infringement of the User’s property rights to trademarks and the violation of the law by using the domain name, e-mail address or other designation used by the User, which are trade names and trademarks of third parties.
5.15 Violation of the Provider’s obligation to ensure continuous operation of the service does not include interruption of service caused by circumstances beyond the Provider’s control (eg technical inspections, revisions, repairs on technical equipment through which the Service is provided or due to power failure, crisis situations, terrorist attacks , epidemics.) or interruption of operation due to system interventions of the Provider into the operation of the server.
5.16 The Provider has the right to unilaterally exclude the User from operation and thus suspend the provision of services in cases where the operation of the User’s application causes or could cause damage to other Users or the Provider, and in cases of breach of obligations in points 6.4, 6.7 – 6.8, 6.15 and 6.18 Users. In these cases, the Provider may exclude the User from operation without prior notice.
5.17 The Provider has the right to demand from the User a handling fee for the cancellation of a completed order of the Service in the amount of 20 € without VAT.
5.18 The Provider has the right to unilaterally change the functions of the service. In the event of a change in the functions of the service, the Provider will provide a description of this change on its website.
5.19 The Provider is only liable for the actual damage caused by the negligence of its obligations arising from these terms and conditions, up to the amount of the price of the service agreed for the current period. Unless the Contracting Parties agree otherwise, the Provider shall provide compensation in the form of free provision of the service for a period corresponding to the relevant amount.
5.20 The Provider has the right not to provide the service or to suspend or cancel the already provided service in cases where the User intentionally or unintentionally provides incorrect contact or identification data, if the provision of the Service has been temporarily suspended or the Provider or another provider doing business in the same field. , withdrew from the Agreement for repeated or serious non – fulfillment of obligations by the User. The obligation to prove the accuracy of the data lies with the User.
6.1 The Hosting Service is ordered by the User for the operation of the domain name. The User chooses the domain name himself according to his own wishes and provides the explicit consent of the Provider to start providing services, even before the expiration of the period for withdrawal from the contract.
6.2 By establishing the service, the User has the right to use the Services provided by the Provider under the conditions set out in these GTC, not to be disturbed in any way by their use by another User or a third party or the Provider.
6.3 The User undertakes to pay the Price of the Service and further registration fees of his domain to the Provider, who will then pay the fees to the relevant domain name administrator. After prior notice to the Provider, the User may also use the option of direct payment of fees to the domain name administrator (registrar).
6.4 The User may use the server resources provided to him on the basis of the establishment of the Service without restriction. The level of utilization of server resources by one User is limited by the Provider only in the case of performing administration and system tasks of the server and in case of excessive load on the server by the User in cases that could cause disadvantage to other Users when using the service. The amount of data transferred between the server and the client computer is not limited.
6.5 The User is entitled to mediate the provision of the Service to third parties only with the consent of the Provider.
6.6 The User is entitled to provide complete and truthful information about facts that may affect the quality and stability of the Services provided by the Provider, in good time, if such provision of information is possible and expected due to the circumstances and circumstances.
6.7 The user is entitled to use the provided data space and access exclusively for the purpose of location or. updates of websites, e-mail servers and other services in accordance with these GTC and generally binding legal regulations. To access the servers, the User uses only the services designated by the Provider (FTP, phpMyAdmin, etc.).
6.8 The user is responsible for the technical correctness and security of all applications, scripts and programs that he places on the server, and also for all ways in which he communicates with the hosting servers. Responsibility for security applies in particular to the possibility of misuse of the application, scripts or programs by a third party to unauthorized use of server resources (eg allowing third parties to run any php or other code, any SQL queries under the User assigned identity) and allowing third parties to send emails from the server without stating the origin of the email (website / domain from which the email was sent).
6.9 In the event that the Provider, on the basis of an oral or written notice, invites the User to eliminate defects of the application operated by the User, the User is obliged to eliminate these technical defects of the application immediately, but no later than within 24 hours. If the User is not able to eliminate defects within 24 hours due to objective obstacles, he is obliged to remove the application from server operation, if he does not do so, the Provider has the right to unilaterally suspend the service for the User until the defects are removed. The User is liable for damage caused by technical errors of the application operated by the User to third parties and for damage caused to the Provider.
6.10 The user may not set up WWW pages, the content of which is in conflict with the law or good morals. He is obliged not to place on the Provider’s facilities:
erotic and pornographic content (text, images, videos, etc.); content encouraging national, religious, racial or ethnic intolerance to spread or incite extremism, promote fascism, communism or other similar ideologies; content that clearly interferes with the personal and personal rights of third parties, the rights to protection of personality, the protection of the good name of a legal person; data containing warez or referring to servers targeting warez or similar targeting; download servers; illegally acquired software for resale or provision to third parties; chat servers; servers aimed at spreading unsolicited mail (so-called spam); servers overloading database systems; servers containing excessive amounts of music and movie files (mp3, mpeg, avi); servers overloading the line; servers infringing copyright or other intellectual property rights; links, data and data related to gambling, which was not granted a license under the legislation in force in the Slovak Republic, including the provision of a prohibited gambling offer, promotion or operation of gambling available in the Slovak Republic without a license under a special law; any servers that can even partially fall into the above categories; links, data and data in any other way violating the laws of the Slovak Republic or good morals. Sites with this content are not permitted under the terms of password-protected access. Violation of this article entitles the Provider to suspend or cancel all services provided to the User.
6.11 The User may not use the Services in such a way that would lead to a violation of the rights of the Provider, 3. parties or could cause disadvantage to other Users in the shared use of server resources. The User may not use the provided funds in such a way as to obtain an unauthorized advantage over other Users, or in such a way that could lead to disruption or damage to the operation of the server. An attempt to disrupt the security and continuity of service operation is considered a serious breach of the User’s obligations.
6.12 The User is obliged to state in the order his contact and identification data for the purpose of invoicing of provided services, registration and operation of the domain name and communication with the Provider. The User is obliged to keep his contact details up-to-date for the purposes of communication with the Provider.
6.13 The User is obliged to protect the provided login names and passwords for the established services and server software from misuse by a third party. At the hearing of 3. persons who will be allowed by the User (intentionally and unintentionally) to use the Provider’s services (eg Webmasters, employees, partners, suppliers, etc.), in terms of exercising the rights and obligations of the User under these conditions, these were the negotiations of the User himself.
6.14 The User undertakes to immediately inform the Service Provider of any technical or safety defect in the operation of the service by e-mail sent to the address email@example.com.
6.15 The user is liable for all intentional and unintentional damage caused by using the provided service. The Provider is entitled to claim from the User compensation for damage caused by the User and lost profits. Compensation for damage means in particular the time spent by the Provider to eliminate the unsatisfactory condition caused by unauthorized or unprofessional use of server resources by the User, damage caused to server operations, damage caused to third parties and especially other Users, damage caused by server shutdown, etc. Compensation for lost profit means compensation for lost profit of € 30 from each started hour of work of the Provider in removing unsatisfactory condition, further compensation of average profit that the Provider would receive during the interruption of continuous operation, compensation for lost profit caused by damage to the Provider’s reputation and loss of Users, expressed by the price of the service ordered by the User, etc.
6.16 The User is obliged not to mediate or provide the Services provided by the Provider to a third party without the consent of the Provider.
6.17 The User is obliged to notify the Provider of changes in the contact name during the entire duration of the contractual relationship, no later than 30 days from the date of such change; any changes to your identification or personal data no later than 30 days from the date of such change; immediately notify the Provider of all facts known to the User that could adversely affect the provision of Services by the Provider.
6.18 The User is obliged not to use data space and transmission capacities for the purposes of storing, archiving or backing up other data that are not related to the User’s website, or as a space for moving data between Users.
6.19 The user is aware of his possible criminal liability in accordance with Act no. 300/2005 Coll. as amended (Criminal Code) for proceedings contrary to the provisions of the said Act.
7.1 The User is entitled to request the Provider to change, expand or reduce the Service at any time, unless it is a one-time Service that has already been provided. The Provider is obliged to comply with its request without delay, at the latest at the beginning of the next billing period, unless this is prevented by serious technical, technological or legal obstacles and if the User has paid all financial obligations to the Provider.
7.2 Any changes or amendments to the Agreement or the Order may be made by a new Order via the Provider’s website, via the administrative interface of the Service, by telephone, e-mail or in writing.
7.3 The User may make a change in the User’s identification data via the administrative interface of the Service. The Provider accepts his request for such a change at the latest at the beginning of the next billing period, unless this is prevented by serious technical, technological or legal obstacles and as long as the User has paid all monetary obligations to the Provider.
7.4 The User of the Service as a transferor may request the Provider to transfer the Service and all rights and obligations arising from it to another user or a third party than the acquirer via the administrative interface of the Service or, at the option of the transferor and in writing delivered to the Provider’s address. The Provider is entitled to perform actions aimed at identifying and identifying the person acting on behalf of the User in the transfer of the Service in order to determine whether it is authorized to perform this action on behalf of the transferor or the acquirer. The Purchaser must accept the transfer of the Service in its administrative interface of the Service or, at its option, in writing delivered to the Provider’s address. The Provider accepts the request of the transferor and the acquirer for such transfer of the Service no later than at the beginning of the next billing period, unless this is prevented by serious technical, technological or legal obstacles and if the Transferor User has paid all monetary obligations to the Provider. Otherwise, the Provider is entitled to refuse the transfer of the Service.
7.5 The Provider is entitled to make a unilateral change to the GTC and the Price List. The agreement on the change of the Price List and the GTC is considered validly concluded at the moment of the first use of the Service with the effectiveness of the changed Price List of the Service and the GTC. The change of the GTC must be notified to the User via e-mail or via the administrative interface of the Service. The User must be notified of the change in the Price List only in the event of an increase in the Price, at the latest when the invoice is issued for the next billing period. The publication of a notice in a visible place on the Provider’s website and the simultaneous sending of a notice of this change to the User’s e-mail box specified when concluding the Agreement shall also be considered a proper notification of a change to the GTC or Price List. The Price Reduction may be announced only by publication on the Provider’s website.
7.6 A change in the GTC or Price List shall be deemed to have been notified on the day of delivery of the written or electronic notification to the User. In disputable cases, if it is not possible to prove delivery, the change is considered announced on the day of sending the notification of change of GTC to the last known e-mail address, which the User specified in the administrative interface of the Service as a contact e-mail address.
7.7 In the event that the User does not agree with the change of the GTC or the Price List of the Service, he has the right to withdraw from the Contract by delivering a written notice of withdrawal from the Contract no later than 1 month from the date of notification of the change of the GTC or Price List. The legal effects of withdrawal from the Contract shall occur on the day of delivery of the written notice of withdrawal from the Contract to the Provider.
8.1 The Contract is concluded for an indefinite period, unless the parties have expressly agreed otherwise.
8.2 The operation of the service is concluded for a period of 3.6 or 12 months, depending on the User’s choice in the Order. The operation of the service is automatically extended unless the Customer delivers to the Provider a written request for cancellation of the provided service no later than 14 days from the date of expiry of the period for which the Customer has paid for the service.
8.3 The operation of the service can be terminated without giving reasons. The notice must be given in writing and must be delivered to the other party no later than 14 days before the effective date of the notice. In the event of a serious breach of the obligations of the party concerned, termination of service may be given with immediate effect.
8.4 The Contract terminates upon the expiry of the time for which it was concluded, if it was concluded for a definite period, by written agreement of the parties, withdrawal from the Contract, termination, termination of the Provider or User without a legal successor.
8.5 If the operation of the service is terminated by the Provider, the User is entitled to a refund of a proportion of the paid Price of the Service for an unused period. The right to a refund of a proportionate part of the Price of the Service for an unused period does not arise for the User if the operation of the service is terminated due to a serious breach of the User’s obligations specified in Article 6 of these Terms and Conditions.
8.6 If the operation of the service is terminated by the User, the User is not entitled to a refund of a proportionate part of the Price of the Service for an unused period. The User is entitled to a refund of a proportionate part of the Price of the Service for an unused period in the event of a breach of the Provider’s obligations.
8.7 A proportional part of the price of the service cannot be refunded for domains, certificates and other services where the minimum period of use is set at 1 year or longer by the conditions of the domain registrar, certification authorities, etc. that provide these services.
8.8 The User and the Provider have expressly agreed that the Provider is entitled to completely destroy the User’s user data after the termination of the contractual relationship.
8.9 Fiction of delivery – effective delivery of a notice or withdrawal from the Contract is also considered a refusal to accept it by the party to whom the document is addressed, as well as unsuccessful delivery of notice or withdrawal from the Contract to the address of the party in these GTC, or failure to pick up the consignment at the post office within the established collection deadlines. The receipt of an e-mail message is also considered to be the receipt of a confirmation of display on the computer of the other party (“Return Receipt – Displayed”) or the expiry of 7 days from the date of receipt of the confirmation of delivery of the message to the other party to its e-mail box receipt-delivered “). In case of doubts about delivery by e-mail, proper delivery is considered to be sending to the last known e-mail address of the contracting party, specified in the Agreement (Order) or in the identification data specified by the User in the administrative interface of the Service.
9.1 Prices for the provided Service are charged to the User according to the valid Price List, which is an inseparable part of the Agreement and is published on the Provider’s website. The Provider may, on the basis of pre-established and published conditions, decide to provide part or all of the Services to a certain User who meets these conditions for a certain period of time at a reduced price or free of charge. No User has a legal right to the free provision of Services.
9.2 The Provider is entitled to change the amount of the Price and the rules of its creation. The Provider is obliged to notify the User of any increase in the Price in writing, by e-mail or by publication on the Provider’s website in accordance with these GBTC.
9.3 The billing period is a calendar month, unless otherwise agreed or stated in the Price List. The Provider is entitled to provide the User with a discount on the monthly price in the event that the User pays the price for several billing periods in advance or for the entire calendar year.
9.4 The Provider is entitled to issue an invoice to the User with the requisites of a tax document and with a breakdown of individual billed transactions in advance for the agreed billing period. The user pays the price of the service in advance.
9.5 The maturity of the invoice is 14 calendar days from the date of its delivery to the User, unless the parties have agreed otherwise.
9.6 The User is obliged to pay all payments for the Service by non-cash transfer to the Provider’s account, by the due date stated on the invoice, unless the parties have expressly agreed otherwise. The invoice is considered paid on the day of crediting the payment to the Provider’s account, otherwise the User is in arrears.
9.7 The Provider is entitled to charge the User for contractual interest on late payment with payment for the Service in the amount of 0.1% of the price of the Service for each day of delay.
9.8 The User has the right to a refund of a proportional part of the Price for the period of non-provision of the Service, according to these GTC, in case of fault by the Provider, except for the necessary period of interruption of the Service in justified cases according to the points of these GTC. The User must request a refund of a proportional part of the Price from the Provider no later than one month after the day of interruption of the provision of the Service. In the event that the non-provision of the Service occurred even partially due to the User’s fault, which is also negligent, the User is entitled to only a proportional part of the Price depending on the degree of his fault. In the event that the non-provision of the Service was caused in full by the User, the User is not entitled to a refund of any part of the Price.
9.9 The User is obliged to pay all invoiced payments even if the Service was used by persons other than the User. In the event of unauthorized use of the Service by persons other than the User, the User is obliged to pay all invoiced payments that are invoiced by the Provider until the date of restriction of the Service by the Provider on the basis of the User’s notification of abuse of the Service; The Provider is obliged to limit the provision of the Service without undue delay after notification.
9.10 The User is obliged to pay bank fees for foreign payments in full.
10.1 In the event that the User believes that the scope, quality or price of the provided services do not meet the conditions and therefore show defects, he is entitled to exercise the relevant rights from liability for these defects in writing to the Provider, by e-mail sent to info @ nuclear.hosting by post to the Provider’s address, without undue delay after their discovery.
10.2 When making a complaint, the user is obliged to duly substantiate his complaint and to sufficiently prove its legitimacy. At the same time, he is obliged to submit to the Provider a document on the provided service – a copy of the order, an invoice, etc.
10.3 Complaints The Provider will handle the complaint within the relevant period stipulated by law.
10.4 In other cases, the exercise of the right of liability for defects and the handling of the complaint is governed in particular by the Civil Code and consumer protection legislation.
11.1. The User, who is a natural person, by signing the Contract or sending the Order confirms that the personal data provided by him in the range: name, surname, residential address, e-mail address, telephone number, IP address, date of birth and identification document number are accurate and true . The processing of the said personal data is carried out on a legal basis:
– processing of personal data is necessary for the performance of the Contract, to which the User is a contracting party, or for the execution of a measure before the conclusion of the Contract on the basis of the User’s request in accordance with the provisions of Art. 6 pt. 1 (a) (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (hereinafter “GDPR”);
– processing of personal data is necessary to fulfill the legal obligation of the Provider in accordance with the provisions of Art. 6 par. 1 letter c) GDPR; a
– processing of personal data is necessary for the purposes of legitimate interests pursued by the Provider.
11.2 The Provider collects, stores and processes the User’s personal data through other processing operations for the purposes of:
– fulfillment of legal obligations, especially in the field of bookkeeping (name, surname, address of residence, date of birth);
– domain registration and other acts inextricably linked to the ordered and provided Service (name, surname, address of residence, for some registrars also the date of birth and the number of the identification document);
– later communication with the User in connection with the provided Service (name, surname, address of residence, date of birth, telephone number, e-mail address);
– for the needs of its own marketing of services, sending information about products, including by electronic means (e-mail address, telephone number, IP address).
11.3 The user bears full responsibility for damages caused by incorrect or outdated personal data provided.
11.4 The Provider is entitled to process personal data beyond the scope or purpose specified in point 11.1. and 11. 2 of these GTC and whose processing is not compatible with the legal bases specified in point 11.1. these GTC, only on the basis of:
– prior consent provided by the User voluntarily and for a predetermined purpose, scope and period. The user has the right to revoke the consent granted in writing at any time. Withdrawal of consent is effective on the day of its delivery to the Provider;
– obligations arising from a generally binding legal regulation or decision of a public authority.
11.5 The Provider undertakes not to process or provide personal data outside the scope necessary for the operation of the ordered Service and ensuring its operation. Personal data is not provided to any third parties for the purpose of providing the Services, except for products for which the contrary is expressly stated. In such a case, however, the Provider is obliged in a contractual relationship with a third party to agree on personal data protection in accordance with applicable legislation, especially GDPR, Personal Data Protection Act, and is also obliged to inform the User that providing personal data to a third party is necessary for performance. otherwise it is not possible to provide the Service.
11.6 In cases where the choice of the recipient of personal data is up to the Operator, the Operator always makes sure that a high standard of personal data protection of the data subject is guaranteed when selecting these partners.
11.7 The personal data of the data subject may be processed in countries of the European Union and countries that are party to the Agreement on the European Economic Area. The transfer of personal data can only take place in third countries whose legal regime is considered by the European Commission to ensure an adequate level of protection of personal data.
11.8 Recipients of personal data processed by the Provider can be divided into the following categories:
– business partners providing physical and program service of the Provider’s information technologies, in particular information systems, computer programs and servers, necessary for the provision of Services,
– business partners providing services in the field of advertising and marketing of the Provider,
– business partners ensuring the fulfillment of the Provider’s obligations in the field of legal services, human resources, taxes, audit and accounting,
– registration authorities in the performance of the Provider’s business activities,
– public administration bodies, in cases where the Provider is obliged to provide personal data from a generally binding legal regulation or decision of a public authority (especially courts, bodies active in criminal proceedings, bailiffs).
11.9 The Provider is not authorized to interfere with the content of the User’s Internet presentations, nor the Authorization to monitor or postpone the User’s electronic mail, with the exception of performing regular backup activities for the User on the basis of his Order.
11.10 The Provider undertakes to take all steps to the highest security of the User’s personal data, as well as to secure all of the User’s data, database and mail files against their loss, damage, destruction or any other illegal processing.
11.11 The Provider acts in relation to the User’s customers in the position of the Intermediary pursuant to the provisions of Art. 28 GDPR. For this reason, the Agreement between the Provider and the User is governed by the following:
11.11.1 The Provider may not entrust the processing of personal data to another intermediary without the prior special written consent of the User. In case of written consent of the User, the Provider is obliged to impose the same obligations on personal data protection as provided in this Agreement in this contract or other legal act, while the Provider is liable to the User if another intermediary fails to fulfill its obligations regarding personal data protection. data.
11.11.2 The Provider undertakes to process personal data only for the purposes of providing the Services.
11.11.3 The Provider processes personal data for the entire period of validity and effectiveness of the Agreement between it and the User.
11.11.4 The Provider processes personal data to the same extent as the User processes them. The user can limit the scope of personal data processed.
11.11.5 The affected persons are the User’s customers.
11.11.6 The Provider is entitled to perform with personal data only the processing operations necessary to fulfill the purpose of processing, in particular: collection, collection, storage and disposal.
11.11.7 The Provider is obliged to process personal data only to the extent necessary to achieve the purpose of processing and only in accordance with the conditions of this article of the GTC, or written instructions of the User, even if it is a transfer of personal data to a third country or international organization. In the case of transfer of personal data to a third country or international organization on the basis of a special regulation or international agreement by which the Slovak Republic is bound, the Provider is obliged to notify the User of this request before processing personal data, if a special regulation or international agreement The Slovak Republic is not bound by such notification for reasons of public interest.
11.11.8 The Provider is obliged to protect the processed personal data from their damage, destruction, loss, alteration, unauthorized access and access, provision or disclosure, as well as from any other illegal methods of processing.
11.11.9 The Provider declares that it guarantees the security of processed personal data, while in the adoption of technical and organizational measures to ensure the protection of rights and personal data of the User’s customers, especially against accidental or illegal destruction, loss, change or unauthorized disclosure of transmitted personal data, stored personal data or other unauthorized access, take into account the nature, extent, context and purpose of the processing of personal data, the risks that may be undermined by the security of personal data protection and their seriousness.
11.11.10 The Provider is obliged not to provide personal data to third parties, not to use personal data for other than the agreed purpose, not to misuse for its own benefit or the benefit of a third party and not to handle personal data in violation of this article of the GTC.
11.11.11 The Provider and its employees are obliged to maintain the confidentiality of personal data obtained about the User’s customers. Personal data may not be used for personal use, may not be published, provided, made available or otherwise processed without authorization. They undertake to maintain this confidentiality even after the termination of the Agreement. The Provider is responsible for ensuring the confidentiality of other persons authorized by it, as well as any external collaborators.
11.11.12 The Provider is obliged to ensure that the collected personal data are processed in a form enabling the identification of the User’s customers only during the time necessary to achieve the purpose of processing.
11.11.13 The Provider undertakes to cooperate and provide the User with co-operation in ensuring compliance with the User’s obligations to respond to the User’s requests in exercising their rights under the provisions of Chapter III of the GDPR, including notifying the User of any written request for access that may be delivered to the Provider in connection with the obligations. User according to GDPR, Act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts (hereinafter referred to as the “Personal Data Protection Act”) and other related regulations.
11.11.14 The Provider undertakes to cooperate and provide the User with cooperation in ensuring compliance with the obligations under the provisions of Art. 32 to 36 GDPR, namely:
– ensure security of processing;
– notify the Office for Personal Data Protection of the Slovak Republic and the persons concerned, if necessary, of any breach of personal data protection;
– if necessary, carry out a personal data protection impact assessment on the personal data protection impact of the processing;
– to consult with the Office for Personal Data Protection of the Slovak Republic the intention to carry out the processing of personal data, if the personal data protection impact assessment shows that such processing would lead to a high risk if the User did not take measures to mitigate this risk.
11.11.15 The Provider undertakes to provide the User with all information necessary to prove the fulfillment of the obligations set out in the provisions of Art. 28 GDPR and to provide the User with co-operation within the audit of personal data protection and control by the User or the auditor authorized by the User.
11.11.16 The Provider is obliged to immediately notify the User if, in the Provider’s opinion, any instruction given by the User violates the GDPR, the Personal Data Protection Act, a special regulation or an international agreement by which the Slovak Republic is bound regarding personal data protection.
11.11.17 After the expiry and effectiveness of the Agreement, the Provider undertakes, based on the User’s decision to delete personal data or return personal data to the User and delete existing copies containing personal data, unless a special regulation or international agreement by which the Slovak Republic is bound requires retention of this personal data.
11.12 The Provider in accordance with the provisions of Art. 13 GDPR notifies the User as the affected person of the following information:
11.12.1 Provider identification data: All2U services s.r.o., Karpatské námestie 10A, Bratislava – Rača, 831 06, Slovak Republic, ID 52500471, entered in the Commercial Register of the District Court Bratislava I, section: Sro, file no. 139452 / B.
11.12.2 The purpose as well as the legal basis for the processing of personal data is set out in point 11.1. of this article.
11.12.3 The list of personal data is given in point 11.1. of this article.
11.12.4 In special cases, if for the provision of the Service by the Provider it is necessary to provide personal data to a third party or to transfer personal data to a third country, the Provider shall provide the User with information about this fact.
11.12.5 The Provider retains personal data for the entire period of providing the Service.
11.12.6 The User has the right to request from the Provider access to personal data concerning the data subject, the right to correct personal data, the right to delete personal data or the right to restrict personal data, the right to object to the processing of personal data and the right to personal data transfer.
11.12.7 If the user suspects that his personal data are being processed unjustifiably, he may submit to the Office for Personal Data Protection of the Slovak Republic a proposal to initiate proceedings on personal data protection pursuant to Section 100 of the Personal Data Protection Act.
11.12.8 Provision of personal data referred to in point 11.1. Users are required to enter into the Agreement and provide the Service.
11.13 Information on the rights of the data subject (User) – The person providing personal data (data subject – User) has, in accordance with the provisions of Art. 15 to 22 and Art. 34 GDPR the following rights:
11.13.1 The right to access personal data according to Art. 15 GDPR: The data subject has the right to obtain from the Provider a confirmation as to whether personal data concerning him or her are being processed. The data subject has the right to access this personal data and the information referred to in point 11.12.
11.13.2 The right to correct personal data according to Art. 16 GDPR: The data subject has the right to have the Provider correct incorrect personal data concerning him without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to supplement incomplete personal data.
11.13.3 The right to delete personal data according to Art. 17 GDPR: The data subject has the right to have the Provider delete the personal data concerning him without undue delay, if the data subject has exercised the right of erasure, as follows:
126.96.36.199 personal data are no longer needed for the purpose for which they were obtained or otherwise processed,
188.8.131.52 the data subject withdraws the consent on the basis of which the processing of personal data is carried out and there is no other legal basis for the processing of personal data,
184.108.40.206 the data subject objects to the processing of personal data and no legitimate grounds for processing personal data prevail or the data subject objects to the processing of personal data for the purpose of direct marketing,
220.127.116.11 personal data are processed illegally,
18.104.22.168 the reason for cancellation is the fulfillment of the obligation under the GDPR, the Personal Data Protection Act, a special regulation or an international agreement by which the Slovak Republic is bound,
22.214.171.124 personal data were obtained in connection with the offer of information society services.
11.13.4 The right to restrict the processing of personal data pursuant to Art. 18 GDPR: The data subject has the right to the Provider to restrict the processing of personal data if:
126.96.36.199 the data subject objects to the accuracy of personal data, during a period enabling the Provider to verify the accuracy of personal data,
188.8.131.52 the processing of personal data is illegal and the data subject objects to the deletion of personal data and instead calls for restrictions on their use,
184.108.40.206 The Provider no longer needs personal data for the purpose of processing personal data, but the data subject needs them to assert a legal claim,
220.127.116.11 the data subject objects to the processing of personal data, until it is verified whether the legitimate reasons on the part of the Provider outweigh the legitimate reasons of the data subject.
11.13.5 The Provider is obliged to inform the affected person, whose personal data processing will be restricted, before the restriction of personal data processing is lifted.
11.13.6 Based on Art. 19 GDPR, the Provider is obliged, if the data subject so requests, to inform the data subject about the recipients to whom the Provider has notified the correction of personal data, deletion of personal data or restrictions on the processing of personal data.
11.13.7 The right to the transfer of personal data according to Art. 20 GDPR: The data subject has the right to obtain personal data concerning him and which he has provided to the Provider, in a structured, commonly used and machine-readable format, and has the right to transfer this personal data to another operator.
11.13.8 The right to object to the processing of personal data pursuant to Art. 21 GDPR: The data subject has the right to object to the processing of his or her personal data on the grounds of his or her specific legal situation on the grounds that the processing of personal data is necessary for the performance of a public interest task or because the processing is necessary for legitimate purposes. interests of the Provider or a third party, including profiling based on these provisions. The provider may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data which prevail over the rights or interests of the data subject or the reasons for asserting a legal claim. The data subject has the right to object to the processing of personal data concerning him or her for the purpose of direct marketing, including profiling, to the extent that it relates to direct marketing.
11.13.9 Based on Art. 22 The GDPR has the right not to be subject to a decision which is based solely on the automated processing of personal data, including profiling, and which has legal effects affecting or similarly significantly affecting him.
11.13.10 Pursuant to Art. 34 GDPR, the data subject has the right to be notified by the Provider without undue delay of a personal data breach, if such a breach of personal data protection may lead to a high risk for the rights of a natural person.
11.14 Provision of information to the data subject – The Provider is obliged to provide the data subject on the basis of his request with information pursuant to Art. 13 GDPR and notifications under Art. 15 to 22 and Art. 34 GDPR concerning the processing of her personal data. He is obliged to provide this information in paper form or in electronic form, usually in the same form in which the application was submitted. If the person concerned so requests, the Provider may also provide the information orally, if the person concerned proves his / her identity in another way. When exercising the rights under Art. 15 to 22 GDPR is obliged to provide co-operation to the person concerned.
11.15 The Provider is obliged to provide the data subject with information pursuant to clause 11.14 of these GBTC within one month from the delivery of the request. In justified cases, the Provider may extend this period by another two months, taking into account the complexity and number of applications, even repeatedly. The provider is obliged to inform the person concerned of any such extension within one month of receipt of the request, together with the reasons for the extension. This information is provided by the Provider free of charge.
11.16 If the request of the person concerned according to God 11.14 of these GTC is manifestly unfounded or disproportionate, especially due to its recurring nature, the Provider may charge a reasonable fee taking into account the administrative costs of providing information or a reasonable fee taking into account the administrative costs of notification or a reasonable fee taking into account administrative costs. requested action, or refuse to act on a request.
11.17 Restriction of the rights of the data subject The restriction of the rights of the data subject in accordance with and according to Art. 23 GDPR in conjunction with § 30 of the Personal Data Protection Act The Provider informs the data subject if the purpose of the restriction is not endangered.
11.18 The Provider does not perform the so-called profiling or automated decision-making based on the processed personal data.
12.1 All rights and obligations of the contracting parties in accordance with the concluded contract are governed by the law of the Slovak Republic, regardless of the legal nature of the contracting parties and their domicile.
12.2 Legal relations (rights and obligations) between the Provider and the User, who is an entrepreneur and acts within the scope of his business or other entrepreneurial activity, which are not regulated in these GTC, are governed by the provisions of relevant legislation, especially the provisions of Act no. 513/1991 Coll. Commercial Code as amended and Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll., On state control of the internal market in matters of consumer protection and on amendments to certain acts as amended by Act no. 284/2002 Coll., As amended (hereinafter referred to as the “Electronic Commerce Act”).
12.3 Legal relations (rights and obligations) between the Provider and the Consumer User, which are not regulated in these GTC, are governed by the provisions of the relevant legal regulations, in particular the provisions of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection amending the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws and Act no. 22/2004 Coll. on electronic commerce, as amended.
12.4 The parties agree that in the event of any dispute arising from the legal relationship arising from the contract they have concluded between themselves and legal relationships arising from and related thereto, each party is entitled to assert its claims in general court in accordance with the relevant provisions of the Act. no. 160/2015 Coll. Code of Civil Procedure as amended. This does not affect the right of the User – Consumer to use an alternative solution to the consumer dispute in accordance with Article 12, paragraphs 12.3 to 12.6 of these GTC.
12.5 The subject of the Provider’s Services is not the control of the content of the User’s web pages. The Provider is not responsible for the content of the website, made available and published on the basis of the provision of the Provider’s Services in accordance with these GTC by the User. The User is not responsible for the activities of the Provider, unless this activity was performed at the request, instruction or in the interest of the User. This request or instruction may be issued in writing, electronically through the administrative interface of the Service, by e-mail, telephone or other similar provable means.
12.6 The Provider is not liable for damage or lost profit, caused by the interruption of the provision of Services under the Contract, Order or GTC to the User or third parties.
12.7 The Provider is not liable for damage caused to the User by a third party who forcibly or through errors in the User’s applications or settings penetrated the User’s website and caused damage or copied, altered or deleted the User’s stored data. The Provider is also not liable for damage caused by a third party who, through no fault of the Provider, gains unauthorized access to the computer system, other information carrier or part thereof and inserting, transferring, damaging, deleting, degrading, altering or suppressing computer data defeats the functionality of the computer system or creates inauthentic data with the intent to be considered authentic or to be treated as such for legal purposes, even if the proceedings do not constitute a criminal offense under the Criminal Code.
12.8 The Contracting Party is obliged to compensate the proven damage within 30 calendar days from its proof, by non-cash transfer to the account of the other Contracting Party, unless the Contracting Parties agree otherwise.
12.9 The Provider’s liability for the content of transmitted information is regulated in § 6 of the Electronic Commerce Act.
12.10 The invalidity of any provision of the Contract or GTC shall not affect the validity of any other provision of the Contract or GTC, if such provision is severable. The Contracting Parties undertake, if necessary, to replace the invalid provisions without undue delay with a provision which, in its content and purpose, is closest to the purpose of the invalid provision.
12.11 A natural person who enters into the Contract on behalf of a legal entity as a User is personally liable for all legal consequences and damage caused, unless he has been authorized to act on behalf of the User – legal entity or unless the Commercial Code valid in the Slovak Republic provides otherwise.
12.12 The General Terms and Conditions entered into force and effect on 1 August 2019.