General provisions and definitions
- Trading company WebHouse, s.r.o. issues these General Terms and Conditions (hereinafter referred to as the "GTC") for the providing of services at the portal www.webhouse.sk.
- WebHouse, s.r.o., with its registered office at Paulínska 20, 917 01 Trnava, Slovak Republic, registered in the Commercial Register of the District Court Trnava, section Sro, file no. 19692/T, Org. No. 36743852, Tax No. 2022329705, VAT No. SK2022329705, bank connection: Tatra banka, IBAN SK98 1100 0000 0026 2380 5672, postal address WebHouse, s.r.o., Paulínska 20, 917 01 Trnava, Slovak Republic, phone +421.332 933 500, e-mail email@example.com, represented by Ing. Ivan Pekarovič, Managing Director of the company (hereinafter referred to as the "Provider").
- A natural or legal person who electronically ordered services through the e-shop www.webhouse.sk, www.setup.sk or by e-mail, and for who the company WebHouse, s. r. o. provides services on the basis of a contract concluded in accordance with these GTC (hereinafter referred to as the "Customer").
- Authority supervising the activity of the provider: Slovak Trade Inspection (SOI), SOI Inspectorate for Trnava Region, Pekárska 23, 917 01 Trnava 1, Department of Technical Product Control and Consumer Protection, phone: +421.335 512 689, +421.335 512 690, fax: +421.335 512 656, e-mail firstname.lastname@example.org.
- These GTC apply in the territory of the European Union for the provision of services ordered through electronic commerce at www.webhouse.sk and enter into force on the day of their publication at www.webhouse.sk.
- All relations between the Provider and the Customer, which are not regulated by these General Terms and Conditions, are governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended. If the customer is a consumer within the meaning of § 52 para. 3 of Act no. 40/1964 Coll. The Civil Code, as amended, ie in the case of a customer who, during the conclusion and performance of the contract, does not act in the course of his business or other business activity, the relationships not regulated by these general business conditions are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code as amended.
- Customer's rights in relation to the Provider arising from the Act no. 250/2007 Coll. on Consumer Protection and on Amendment to the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services on the basis of a distance contract or a contract concluded off the premises of the seller and on the amendment of certain acts shall remain unaffected by these GTC.
- If the Provider refuses the Customer's request to remedy the breach of its consumer rights, or has not responded to the Customer's request for more than 30 days, the Customer shall have the right to contact the relevant consumer ADR entity. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr/. A list of ADR entities and other important information on alternative dispute resolution for consumers can be found on the website of the Slovak Ministry of Economy.
- The condition of validity of the electronic order is true and complete completion of the order form at www.webhouse.sk. The Provider shall not be liable for any delay in the delivery of the Service and for any damage caused by the fact that the Customer did not enter all the required data and / or filled in the Order Form incorrectly. The Provider shall also not be liable for any damage caused to the Customer as a result of the Customer forgetting his / her access data or entering the Customer's access data in the hands of unauthorized persons without the Provider's involvement.
- The received electronic order is considered a draft purchase contract and is binding. The purchase contract between the Provider and the Customer is based on the confirmation of the electronic order in the Provider's system. The Provider is obliged to send the Customer a binding order confirmation by e-mail message to the Customer's e-mail address specified in the electronic order immediately upon its delivery to the Provider. Otherwise, the purchase contract between the parties has not been concluded. The customer is obliged to check the content of the electronic order stated in the e-mail message from the provider. In case of discrepancies concerning the content of the electronic order confirmed by the Provider, the Customer is obliged to notify the Provider by e-mail sent to email@example.com.
- The following are considered essential elements of an electronic order:
- Customer identification, i.e. j. business name or forename and surname, registered office, residence, ID, VAT number, contact (phone and e-mail address);
- The name of the service ordered, e.g. domain name, web hosting service, etc.;
- The amount of service ordered, e.g. the number of years for which a customer orders a domain registration.
- If the order does not contain the particulars according to the previous paragraph, it is considered incomplete. In such a case, the Provider will try to contact the Customer and ask him / her to remedy the deficiencies of the electronic order and, if necessary, to specify and / or complete it. Upon delivery of data specifying and / or supplementing the electronic order to the Provider, the electronic order is considered complete.
- The customer expressly agrees to start providing the ordered services immediately after the order confirmation by the provider. At the same time, the Customer declares that he / she has been duly instructed that by expressing this consent he / she loses the right to withdraw from the Purchase Agreement after the full service has been provided and if the service has been fully provided.
Order cancellation - withdrawal
- The Customer has the right to cancel the electronic order without giving any reason at any time before its binding confirmation by the Provider in accordance with Art. II, point 2.
- If the customer is a consumer, he has the right to withdraw from the contract within 14 days. The consumer may not withdraw from the contract of sale if the service was started with the express consent of the consumer and the consumer has declared that he/she has been duly advised that, by expressing such consent, he/she loses the right of withdrawal after the service has been fully provided; if the service has been fully provided.
- The Provider reserves the right to cancel the order or its part in the following cases:
- The order could not be bindingly confirmed (e-mail address entered incorrectly, order confirmation cannot be delivered to the specified e-mail address, customer does not reply to e-mails, etc.);
- The service is no longer provided, its price has changed significantly, or the service cannot be provided, for example, if the customer has ordered the registration of an existing domain, or the domain has been registered by another entity before it was registered by the provider. In the event that this happens, the Provider will immediately contact the Customer to agree on further action. If the customer has already paid part or all of the purchase price, this amount will be refunded to the Provider without undue delay, but no later than within 14 days of the date of the discovery of the above.
Domain registration and renewal rules
- The registration of the selected domain will be done by the Provider upon receipt of a duly completed order through the form at www.webhouse.sk and at the same time after the payment of the online order according to the Provider's price list. The Provider will begin processing the Customer's Order without delay, no later than the next business day after the above conditions are met.
- Fees for successful registration or renewal of domain registration are non-refundable. The customer has the right to cancel the domain registration order, i. j. withdraw from the contract only before the domain is registered. Once the domain is registered, it is not possible to cancel an order (withdraw from the contract) or refund the domain registration fee. The customer agrees to provide the registration service immediately after placing the order.
- The provider does not guarantee successful registration because domain registration is governed by the priority rule. If the domain is already registered for the benefit of a third party at the time of submitting the Provider's registration request, the order will be rejected and the customer will be refunded.
- The Customer is obliged to provide the Provider with the necessary cooperation for domain registration. In particular, it shall provide the provider with the documents necessary for the successful completion of the registration in the form requested by the provider. If the customer does not provide the necessary cooperation within 5 days, the domain will not be registered, the provider will refund the price list price to the customer after deducting a flat cost of € 6 including VAT.
- The customer is obliged to place the domain renewal order by paying the domain renewal fee no later than the due date of the down payment invoice issued by the Provider. Payment made after this time limit will be accepted, but the provider does not guarantee renewal of this domain.
- The Provider shall not be liable to the Customer for any damage caused to it by the fact that multiple requests for registration of the same or similar sounding domain with other registrars have been made in the same or similar time period and one of the registrars has registered a domain for another person rather than the provider. If, as a result of this, the domain registration order cannot be placed, the Provider will refund the price list price to the Customer.
- The Customer is obliged to provide only formally correct, complete, accurate and true information in the order and shall provide the Provider with complete, correct and valid documents necessary for domain registration. The Customer is responsible for the accuracy and completeness, accuracy and validity of the data and documents submitted. Unless the customer submits all necessary data and documents to the provider, or if the data or documents prove to be incorrect, false or incomplete, the registration will not be performed until the relevant deficiencies have been corrected by the customer.
- For the purpose of customer identification, the Provider shall record the Customer's IP address and accesses to the Provider's web portal. The Customer is obliged to compensate the Provider for any damage that may result from the failure to provide correct, complete, accurate and true data when registering a domain. In case of any shortcomings in the provided data or errors in the registration process, the Provider shall immediately contact the Customer by e-mail.
- The provider is not responsible for any outages and incorrect output of whois and similar databases when verifying domain availability.
- The Provider does not check or verify the customer's registration orders in relation to the registered domain name, nor does he have any legal responsibility for it. Any potential legal consequences of registering domains that conflict with a third-party trademark or other right, or conflict with another third-party protected designation, are borne by the customer. Some country and territory domain administrators may request documents from the customer to confirm the legitimacy of the registration request for a particular domain name. In this case, the customer will be asked to submit the documents during the registration process, and registration will not be done until they are properly submitted. If the Provider receives notice from a third party that any of these rights have been infringed by the Domain Registration, the Provider shall be entitled to suspend, revoke or otherwise take any other appropriate action at its sole discretion without incurring any financial or other claim to the Customer against a provider authorized to dispose of the domain in this sense without the instruction of the customer, of which the provider will inform the customer.
- A Customer who uses the Provider's services under these GTC and does not simultaneously hold the Domain Name declares that he is authorized to act on behalf of the Domain Holder. In this case, it is obliged to inform the domain holder of these GTC. The Domain Holder is obliged to follow the obligations set forth in these GTC by analogy and the Customer is obliged to ensure the consent of the Domain Holder to these GTC.
- The Provider shall not be liable for the domain expiration unless the Customer has been duly paid in due time according to the Provider's price list. In case of late payment of the renewal fee, the domain expires on the day of its expiration, unless stated otherwise. Emergency domain renewal after the expiration date is only possible for some domain ends and is charged at a higher rate according to the current price list. The provider does not guarantee an emergency extension of domain registration after its expiration.
- By failing to pay the domain registration renewal fee by the expiration date of the domain, any obligations of the Provider with respect to the domain name expire. A domain name may be automatically revoked or its continued existence shall be governed by the rules of the relevant registry governing the relationship between the domain holder and the registry. The customer is obliged to respect and adhere to these rules. The provider is not obliged to remind the customer of obligations towards third parties arising from the ownership of the domain.
- Provider has the right in case of non-payment of the fee for renewal of domain registration within 14 days after the domain expiration date to cancel the provision of web hosting services established to this domain without the customer's claim for refund of an aliquot amount for prepaid web hosting services.
- Provider has the right to violate the terms of the mandate contract to withdraw from local contact or completely cancel the domain name, without any claim of the customer. The Customer shall be liable for any legal, financial or other damages incurred, and the Provider shall be entitled to claim such costs in full from the Customer.
Web Hosting, Server Hosting and Server Housing Policy
- The provider will set up the web hosting service after receiving a properly filled out order form on www.webhouse.sk or www.setup.sk. The provider will begin processing the customer's order immediately, no later than the next business day after receiving the order.
- The customer has the right to cancel the contract for the provision of web hosting services within 14 days of its conclusion in writing to the address of the provider, as stated in Article I, point 2a of these T&C. The customer also has the right to submit a complaint at the aforementioned address.
- The customer is responsible for the technical correctness of the website and the accuracy of the outputs on the client computer.
- The volume of processed data is limited to the size of the allocated disk space according to the operated variant. The provider is entitled to adjust the parameters and the price of the service according to the actually occupied disk space. The term "unlimited space" means the space on which it is possible to store any data that directly relates to the operation of the website, i.e. is displayed on the website, provided that the provision of point 8 of this T&C is not violated. The provider is entitled to limit the maximum number of files stored on the FTP space of one shared web hosting service to one million. The customer must not abuse the service for storing or archiving data that does not directly relate to the content of the displayed websites. The provider is entitled to permanently remove such data from the server without prior notice.
- The provider is responsible for any damages caused to the customer due to malfunction of the services (server unavailability, loss of data from the server, malfunction of web, email or database services or their parts, etc.) up to the amount of the paid price of the web hosting service for the calendar month in which the damage occurred.
- The customer must not set up and publish websites whose content is in conflict with the law or good morals. If this happens, the customer fully assumes responsibility for their actions and any damages caused to the provider or third parties.
- The customer must not abuse the service for the harassment of third parties, particularly by repeatedly sending unsolicited data and emails (spam).
- The provider has the right to immediately and without prior notice suspend the provision of service to a customer who attempts to operate:
- a website containing pornographic material (text, images, video),
- a website offering illegally obtained software for the purpose of further sale or provision to third parties or a website with a similar focus,
- a website focused on spreading unsolicited emails (spam), public chat,
- a website that excessively burdens the database or web server,
- a website containing excessive amounts of photographs, music and film files (jpeg, mp3, mpeg, avi, etc.),
- a website for which there is suspicion of its inconsistency with the law,
- a website that according to the opinion of the provider may cause damage to the provider or third parties.
- The provider is obliged to make every effort to ensure the uninterrupted operation of the customer's websites. The provider undertakes in case of server availability outage to extend the prepaid period by 1000 times the duration of the outage, but no more than 3 months if the outage is less than 12 hours or 1 year if the outage is longer than 12 hours, except when the unavailability is:
- announced in advance as planned downtime,
- shorter than 5 minutes caused by necessary technological procedures (service, machine, etc. restart),
- caused by a failure in connection between the customer and the provider's servers,
- caused by a power outage beyond the provision of backup power,
- caused by natural disaster, natural catastrophe, or extreme weather.
- If the customer is no longer interested in using the provider's services, he/she is required to notify the provider by email or in writing no later than the end of the prepaid period of the services.
- The provider reserves the right to unilaterally change the features of the service.
- The customer has the right to change the hosting service to any other service at any time during the prepaid period of the original service. If the price of the new service is higher than the price of the original service, the remaining prepaid period of the original service will be recalculated to the new prepaid period of the new service according to the ratio of prices of the original and new services. If the price of the new service is the same or lower than the price of the original service, the prepaid period does not change with the change of service.
- The hosting service is not intended for data archiving. The storage of files on a web server or e-mail messages on an e-mail server belonging to a specific domain within the hosting service is also considered data archiving, if the given domain is not operated on this server, or is non-functional, or does not exist, or is operated on another server or with another provider for more than 14 days. The provider is entitled to delete such archived data from the server.
Terms of payment
- The customer pays the provider for the services provided (hereinafter referred to as "fees") in the scope and amount specified in the price list that is publicly available on www.webhouse.sk.
- Fees for registration and renewal of domain registration are due annually, or in multiples of years depending on the period for which the domain is registered or renewed. After the registration or renewal service is provided, the paid fee is non-refundable.
- Fees for web hosting services are due on a monthly, quarterly, semi-annual, or annual basis in advance, unless agreed otherwise. In case of early termination of the contract by the customer, the customer is entitled to a pro-rata refund of the services they have prepaid but not used. The provider is entitled to reduce this amount by a fee of 36 EUR including VAT (30 EUR without VAT), which covers the provider's costs for administrative and technical termination of the services provided.
- The provider will invoice for services that will be provided in the future with advance invoices. Within 15 days of payment of the advance invoice, the provider will issue a tax document. The advance invoice and tax document can be sent to the customer in electronic form (by email). The customer is responsible for the functionality of the email address, which they themselves specify in the administrative interface.
- The provider has set up a bank account for non-cash payment purposes with Tatra bank, IBAN: SK98 1100 0000 0026 2380 5672, with Slovenska sporitelna, IBAN: SK28 0900 0000 0002 8486 0757, and with VUB, IBAN: SK55 0200 0000 0022 7317 7855.
- The payment can be made by:
- bank transfer to any of the accounts listed in Section 5 of this contract,
- VISA, EUROCARD/MASTERCARD and DinersClub credit card issued by any bank worldwide,
- PayPal payment gateway,
- postal money order sent to the provider's mailing address.
- The provider is not obliged to remind the customer of payment and is not liable for any damage that may occur as a result of non-payment, such as the restriction or cancellation of provided services, such as suspension of web hosting, expiration or cancellation of domain, etc.
- The customer is obligated to pay on time and to the correct account the exact amount stated on the invoice and not to round it arbitrarily up or down. Payment is considered to be made when it is credited to the correct bank account of the provider, with the correct variable symbol and in the correct amount, within the due date. In cases where the payment does not meet these conditions, the provider reserves the right not to begin providing the service, to restrict, suspend or terminate the provision of the service. By providing the incorrect variable symbol, there is a possibility that the customer will pay for another service which will be provided and the paid fee will be non-refundable (point 2 of this article).
- If the customer pays the invoice from abroad, they are responsible for ensuring that the full invoice amount is credited to the provider's account, i.e. that all bank fees on the payer's and payee's side are borne by the customer.
- The provider is entitled to send a written or email notice to the customer regarding their obligation to pay the outstanding amount, if they have not paid the invoiced price for the services within the due date, and specify an additional deadline for payment of the debt. The customer is responsible for the cost of the written notice and all expenses incurred in collecting the debt, if the reason for non-payment is on the customer's side.
- The Provider is entitled to send a written or e-mail reminder to the customer about their obligation to pay the outstanding amount, in case the customer has not paid the invoice within the due date, and to set an additional deadline for payment of the claim. The fee for written reminder, as well as all costs incurred in the collection of the claim are borne by the customer, if the reason for non-payment is on the customer's side. If the customer does not pay the invoice within the due date, the provider has the right to charge an interest on arrears of 0.05% of the outstanding amount for each calendar day of delay. If the customer is in arrears with payment for more than 7 days from the due date of the invoice, the provider is entitled to cancel or suspend the provision of services until full payment of the invoice and charges for delay, with the right to charge a fee for reactivation if it is stated in the provider's price list.
- The services registered under one customer account are provided to one customer, who is obligated to maintain their billing and contact information always up-to-date and accurate. Frequent or unjustified changes to billing information are not allowed. Changes to billing information are only possible in justified cases, such as the physical move of an individual, change of surname related to marriage, death of a physical person, dissolution of a legal entity, change of legal entity's registered address, succession of another legal entity, etc.
Credit payment method
- The customer can pre-pay for the provider's services in any amount. The minimum one-time deposit is 30 euros, and there is no maximum deposit limit. The customer can use this credit to pay the bills issued by the provider as needed.
- The customer has the option to select services that will be automatically renewed from the prepaid credit in the administrative interface. If at the time of billing for such services, the customer has sufficient credit, the invoice will be automatically paid from the prepaid credit.
- Refund of unused credit is only possible via bank transfer to the customer's account in EUR. The provider charges a handling fee for the credit refund of 5% of the amount of the requested refund, but at least 18 EUR including VAT (15 EUR without VAT) if the customer's account is located in the European Union or 30 EUR including VAT (25 EUR without VAT) if the customer's account is located outside of the European Union. The handling fee also includes fees charged by banks for the execution of the transfer paid by the sender of the payment, i.e. by the provider. If the handling fee is higher than the remaining unused credit, the provider is not obligated to refund the credit.
- The customer is obliged to use or request the return of credit deposited in their account within three years from the date of the last deposit. If this does not occur, the remaining credit will be forfeited in favor of the provider without compensation.
Data backup and its restoration
- The customer has the right to request the provider to backup data located on the FTP space, in e-mail inboxes, and in the customer's databases. The only acceptable form of request is setting up the backup in the administrative interface Setup (www.setup.sk).
- The provider backs up the customer's data at intervals set by the customer in the Setup (from 1 to 14 days). The backup is performed as a complete backup of all data on the server, not an incremental backup.
- Backups are free up to 10,000 MB of data per month per web hosting service. Fees for larger data volumes are listed in the provider's current price list, available on www.webhouse.sk.
- The provider sends the customer a monthly invoice for the backup services, along with an invoice with a due date of 14 days. If the amount invoiced is less than 12 EUR including VAT (10 EUR excluding VAT), the provider is entitled not to send the invoice for administrative reasons and to transfer the invoiced amount to the next month.
- The provider has the right to automatically use the customer's funds in the form of prepaid credit to pay the invoice for backup.
- The customer is entitled to request the provider to restore data from any backup made in the previous 14 days, based on the customer's settings. The provider is obliged to restore the data. The provider is entitled to charge the customer for the data restoration fee according to the provider's current price list, published on www.webhouse.sk.
- Data restoration from backup is performed on working days from 7:30 am to 4:00 pm, in the order that requests are received from customers. The provider will make every effort to restore the data no later than the next business day after receiving the customer's request.
- If for any reason (e.g. technical error during backup) the provider is unable to restore the customer's data, the customer is entitled to a refund of the fee paid for the entire previous month for the backup service. The provider is not liable for any damages that may arise from or result from the failure of backup or data recovery.
- The provider is not obligated to backup the customer's data if the total volume, associated with one web hosting service, exceeds 10,000 MB on FTP space, or 10,000 MB on mail servers, or 3000 MB on database servers. The provider is not obligated to backup the customer's data if they have an outstanding debt for backup from the previous period after the invoice's due date.
- The provider has established the method for handling personal data required for the contractual relationship in the document "Data Protection" which is available on www.webhouse.sk.
- The customer is not allowed to try or examine and test the security of the provider, nor to break the provider's technical security measures. The customer is also not allowed to use automated systems for downloading data from the provider or other customers of the provider. The customer is not allowed to reproduce or misuse the processes for monitoring the content of the provider's web portals. The customer should not attempt to log in to a third party's account without their consent, or attempt to break the security of user accounts. The customer should not use technical means to interfere with the provider's website in order to overload or disable it.
- The provider is entitled to interrupt or temporarily suspend any services provided through www.webhouse.sk or www.setup.sk. In no case is the provider liable to the customer for any damage caused by the temporary or permanent unavailability of its website or some of its applications.
- The provider is entitled to refuse a customer's order, in which case the customer will be informed of this and any paid funds will be returned to him/her.
- If the customer breaches the provisions of these T&C, the provider is entitled to terminate the provision of services under these T&C with immediate effect and further is entitled to block access to the customer's account on www.setup.sk with immediate effect.
- The customer is obliged to report any system errors that could lead to abuse of the system or unauthorized enrichment. The customer is also prohibited from exploiting these errors.
- The parties hereby expressly agree that mutual disputes will be resolved, if the customer is a businessman, by the local court of the provider's registered office.
- The provider may change or supplement the wording of these terms and conditions. This provision shall not affect the rights and obligations arising during the validity of the previous terms and conditions.
These GTC come into effect on 1.6.2018.