§1 (DEFINITIONS)

Provider - AppDistrict Sp. z o.o., company registered by the District Court for Kraków-Śródmieście in Kraków - XI Commercial Department; VAT NUMBER: PL6772378204, COMPANY NUMBER (REGON): 122988570, REG. NUMBER (KRS): 0000491117; HQ Address: Balicka 100 St., 30-149 Kraków, Poland; Share capital: 35 000 PLN (paid in full)

Client - any natural or legal person who purchases Services from the Provider

Consumer - natural person who purchases Services for personal purposes not related with any professional or commercial activities.

Site - web application provided under the domain name: AppDistrict.com, being the set of dynamic scripts, graphical and other static elements, which allows Clients to order Services.

Client Panel - part of the Site which allows management of the provided Services and communication with the Provider.

Service - providing access to the resources via the Internet, as defined in the specification.

Package - set of parameters of the Service such as CPU, memory, disk and bandwidth limits defined for each Service offered on the Site.

Order Confirmation - e-mail sent by the Provider to the Client confirming reception of the order.

Activation - commencement of the Service.

Activation Confirmation - e-mail message sent by the Provider confirming successful Activation containing data required for access to the Service (such as IP, username and password).

Cookies - small text files stored on Clients devices required for proper operation of the Site.

Invoice - formal proof of purchase containing total paid amount (incl. tax if applicable) and other information as required by the Polish law (Act of 11 March 2004, on The Goods and Services Tax , and related regulations).

Electronic Invoice - Invoice in electronic form provided as PDF file in SSL/TLS secured part of the Site.

Parties - the Client and the Provider.

Value Added Tax (VAT) - tax on the value of the Services collected from Clients who are residents of Poland, as well as those residents of the European Union do not provide valid VAT Number, that could be validated by the VIES site.

Instance - given copy of the Operation System running in the Compute Cloud.

Virtualization - method used to partition Instance resources from the pool of Providers physical resources.

Management Service - Add-on Service provided by the Operator by taking over duties of OS administration and maintenance for a fee and on terms specified by the current offer published on the Site.

IPv4 Address - numerical identifier of the node (physical or virtual) in the network based on IP protocol (version 4).

IPv6 Address - numerical identifier of the node (physical or virtual) in the network based on IP protocol (version 6).

IP Address - IPv4 unless specified otherwise.

DotPay - electronic payment service provided by Dotpay S.A., ul. Wielicka 72, 30-552 Kraków, Polska, VAT No: PL6342661860, Comp. No (REGON): 240770255, Reg. No (KRS): 0000296790 .

PayPal - electronic payment service provided by PayPal (Europe) S.à r.l. & Cie, S.C.A, Luxembourg.

NASK - 'Naukowa i Akademicka Sieć Komputerowa - instytut badawczy' [Scientific and Academic Computer Network - research institute] with its registered office in Warsaw, entered in the Register of Entrepreneurs of the National Court Register at number: 0000012938 - the Registry manager of the .pl

EURid - EURid vzw with registration number 0864240408, having its registered office at Woluwelaan 150 B-1831 Diegem, Belgium, the Registry manager of the .eu

ICANN - Internet Corporation for Assigned Names and Numbers responsible for management of top level domains (TLD)

Registrar - MSERWIS Sp. z o.o. sp. k., ul. Kazimierza Wielkiego 27, 50-077 Wrocław

§2 (GENERAL PROVISIONS)

  1. The Site is owned by the Operator.
  2. This Terms of Service regulates all aspects of providing Services offered on the Site by the Provider including ordering, refund and complains resolution procedures.
  3. The Terms of Service are published via the Site which provides the ability to save or print it.
  4. If the Terms of Service needs to be altered Provider will publish new version online and immediately inform Clients via e-mail. All changes, will take effect in 14 (fourteen) days from the date of publication. The Client have the right to decline those changes in which case Provider should be informed about this fact before the end of mentioned 14 (fourteen) days period. Declining the changes by the Client would cause immediate termination of all Services owned by the Client.
  5. It is strictly prohibited for the Client to use functionality of the Site or any of the Services to store, serve or process any materials that are prohibited by Law, such as those related to illegal software or media files. Also it is strictly prohibited to take any actions which intentions are to cause malfunction of the Provider's infrastructure (hacking, DoS attacks etc.). If the Provider receives reliable message on unlawful character of activities or the stored data provided by the Client, the Provider is authorized and required to make immediately the access to the data impossible (Article 14 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means),
  6. All calculations in this document assumes standard month length of 30 calendar days and 24 hours per day (total of 720 hour per month).

§3 (Provided Services)

Provider offers following Services via the Site:

  1. Domains registration and management - provides the way to map Internet-wide unique Domain name, selected by the Client to the given IP address(es) for the duration of the billing period.
  2. Shared Hosting - providing space for Websites (static or dynamic using PHP), MariaDB databases (MySQL compatible), as well as e-mails as a separate tenant on the server shared with other clients.
  3. Web Design - includes preparation and deployment of the Website to the Internet server - available in two versions:
    1. Custom Web Design built according to the Client's specification. The price and deadlines are discussed with the Client on case by case basis. As a final result the Client is granted the full Copyrights to the Website which may be deployed to any compatible Hosting service of Clients choice either provided by the Provider or a third party.
    2. Website built by the Provider using Website Builder offered as part of the Shared Hosting service based on the text/graphic/audiovisual content provided by Client. Price indicated on the Website assumes up to 5 hours of work in total. Price DO NOT include further updates of the website after successful deployment. This service is an add-on to the Shared Hosting so the Client is required to order both this service and any Shared Hosting package. Provider DO NOT guarantee proper operation of the built website on external Shared Hosting service (offered by any third party). Any work not covered by the service (such as exceeding the time limit or related to further updates) may be performed by the Provider in the scope of custom service (provided on case by case basis). Processing time for this type of orders will be provided to the Client in response to his/her request for a quote.
  4. Web Management - providing updates to the Client's software (e.g. CMS, e-Commerce) as well as Website content in the scope discussed with the Client within the work time limit specified in the ordered package description. The given time limit may be extended based on electronic order (via our Ticket system or e-mail) providing the Client would pay additional fee for extra time as specified by the current offer for a given package. The service DO NOT cover management of the Hosting Platform itself (esp. Clients's VPS or dedicated server) unless the Client and the Provider agree otherwise.
  5. VPS KVM - provisioning of the virtualized runtime environment (using Linux KVM) which allows running instance of the supported Operation System with full administrator (root) permissions. Instances are created for predefined billing period.
  6. Managed VPS - provisioning of the virtualized runtime environment (using Linux KVM) with add-on Management Service performed by the Operator as defined in the specification. Client is provided with access to Web Control Panel.
  7. Dedicated Server - exclusive access to the whole server for single Client via the Internet using both primary network interface as well as Out-Of-Band management card (IPMI, remote reboot, console and media). Provider remains the owner of the server during the Service period and the Client do NOT have physical access to the machine beyond the access mentioned above.
  8. Server Management - providing regular monitoring, backups and updates to the Client's servers (VPS or dedicated) in the scope discussed with the Client within the work time limit specified in the ordered package description. The given time limit may be extended based on electronic order (via our Ticket system or e-mail) providing the Client would pay additional fee for extra time as specified by the current offer for a given package. The service DO NOT cover management of the Client's software (eg. Websites) unless the Client and the Provider agree otherwise.
All services are offered on the Site, in the form of the Package which gives its technical specification and price. Provide reserves the right to offer different packages at its discretion.

§4 (Conclusion of the Contract)

  1. Information presented on the Site are binding until the order is placed and confirmed.
  2. By placing the order as described in §5 the Client declares willingness to enter into the contract with the Provider on the terms presented on the Site during the order procedure.
  3. Provider accepts the offer by sending Order Confirmation in the form of the e-mail message. From this moment the offer is binding for both sides.
  4. Contract is valid for the duration of the billing period indicated in the offer.
  5. The Provider may refuse to conclude the contract:
    1. When there are reasonable doubts about the validity of the personal data provided by the Client and the Client refuses to provide proof of them.
    2. In cases which are beyond the Providers control, such as Domain registration refusal by the Registry or the Registrar.

§5 (Order Placement)

  1. Order could be placed via the Site using following procedure:
    1. Client registration.
    2. Filling in the online order form.
    3. Submitting the form.
  2. In special circumstances Parties may agree on different order procedures including order via e-mail, fax or traditional mail.
  3. The Consumer by placing the order gives the consent to start the service before the end of the period referred to in Article 7 section 1 of the Polish Act of 2 march 2000 on The Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product [14 (fourteen) days].
  4. By submitting the Domain Registration request the Client grants the power of attorney to the Provider to represent him/her in all dealings with the Domain Registrar and Registry to the extent required to fulfill the Client's order from the moment of order submission to the moment of the domain removal from the Registry.

§6 (Order Processing)

  1. Order is processed by Activation of the service no later than 2 (two) business days from the date of receipt of payment, unless otherwise specified by this or other more specific ToS.
  2. As part of the Activation process the Operator provides Client with information required to access server with specification as ordered.
  3. All technical information will be send to the Client via the method of electronic communication.

§7 (Refund Policy)

  1. All transactions are final and non-refundable (unless otherwise required by law).
  2. As required by Act of 2 march 2000 on The Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product, the Consumer have the right to withdraw from the agreement and get full refund, by sending signed request in written form via traditional mail to the Provider's HQ postal address no later than 14 (fourteen) days from the Order date .
  3. The right of withdrawal from this contract shall not be vested in the Consumer in the cases specified by the Act of 2 march 2000 (mentioned above) in Article 10 Section 3 - especially when the provision of services started with the Consumer’s consent before the end of the period referred to in Article 7 section 1 [14 (fourteen) days] or when characteristics of the Service is specified by the Consumer in his order or directly connected with his/her person [eg. domain names or SSL certificates].
  4. In case of the refund (full or partial) Provider will send the Corrective Invoice via e-mail to the Client. The Client is required to confirm reception of the Corrective Invoice by signing the printed version and sending it back via traditional mail to Provider's HQ postal address.

§8 (Rights and Obligations of the Parties)

  1. Provider will provide uninterrupted access to the Services as specified in the SLA.
  2. Client is required to:
    1. Provide true, complete and accurate personal data during account registration, as well as maintain and update them.
    2. Protect access to any received credentials from unauthorized use.
  3. Additionally the Client agrees not to use the Service to:
    1. Storing, processing or providing any content which is illegal according to Polish law (including but not limited to breaching the copyright law, promoting hatred, offering illegal drugs) or any links to such materials.
    2. Publication of pornographic content.
    3. Publication of materials which are universally considered offensive.
    4. Sending mass correspondence without receiving explicit permission (SPAM).
    5. Generate cryptocurrencies.
    6. Performing any form of network attacks on the infrastructure of the Operator or any third parties (such as attempting to breach security systems, launching (D)DoS attacks etc.).
  4. If the Client ordered the VPS KVM or Dedicated Server without separate Management Add-on service, the Client also is required to:
    1. Provide sufficient level of OS and services level management including keeping the system up to date and protecting it against external attacks.
    2. React on abuse reports filed by the Operator or third parties regarding the possibility of illegal usage of the server by the person in control of it regardless of whether this access was gained legally or not (e.g. during the attack).
    3. Cooperate with the Operator and providing required information to the legal authorities upon receipt of the legal notice to do so either directly or via the Operator.
    4. Creating and keeping backup of the data (such as files, databases).
  5. Operator is not responsible for any damages caused by the:
    1. Incorrect configuration of the OS performed by the Client or any third party authorized by the Client.
    2. Attack on the Instance due to an insufficient management by the Client.
    3. Any cases of gross negligence or willful misconduct on the part of the Client or any third parties that gained access to the server (legally or not) due to this actions, including deliberate termination of the Instance by the Client.
  6. Under no circumstances shall Operator be responsible for the legality of data processed or stored by the Client. The Client is fully responsible to safeguard the legal status of processed data.
  7. The Provider reserve the right to request from the Client additional documents to verify the accuracy of the given data.
  8. The Provider is not responsible for indirect loses caused by the Service interruption such as loss of profits or moral losses.
  9. The Provider's liability shall in no cases exceed total amount paid by the Client to the Provider.
  10. Neither of the Parties shall be held responsible for non-performance caused by fire, explosion, natural disaster, labor troubles, strikes, war, restricted operations by reason of any law or regulation or any other cause of, whatsoever kind similarly beyond such Party's reasonable control.

§9 (Service Level Agreement - SLA)

  1. Any complaints regarding breaching of the SLA should be filed by the Client in one of the following forms:
    1. Ticket system in the Client Panel
    2. E-mail to: support@appdistrict.com
  2. All above methods are available 24h / day, for the whole year
  3. SLA is met by the Operator if:
    1. Level of availability is no less than 99,8% during yearly term
    2. Reaction time for properly filed complaint is no longer than:
      • 120 minutes during business hours
      • nearest possible time otherwise
  4. If the SLA is breached the Operator will extend your account validity period free of charge for the total amount of time for which the SLA was not met in the given calendar month (rounded up to full day).
  5. Operator reserves the right to schedule 4 (four) service windows during the year. Each service window duration cannot exceed 6 hours and is not treated as an unavailability period.
  6. The Operator will notify the Client about a service window mentioned above at least 2 days in advance.

§10 (Technical requirements)

The Site requires:

  1. Internet access.
  2. Internet Explorer, Firefox, Google Chrome, Safari or fully compatible browser.
  3. Enabled support for Cookies and Java Script.
  4. Some of the Services may also require client software to access it (eg. SSH client).

§11 (Payments)

  1. Client is required to make payment for the Service no later than on due date.
  2. Price and specification of the Service - including the setup (if applicable) and recurring fees are provided on the Site.
  3. Payment should be done using one of the following methods:
    1. electronic transfer or Credit Card using PayPal or DotPay systems
    2. wire transfer (from the bank in Poland) using payment details indicated by the Operator
    3. other form after getting individual approval from the Operator - e.g. SEPA or SWIFT international wire transfer (in this case Operator may set minimum transaction limit and/or additional fee).
  4. As date of receipt of the payment the Provider assumes:
    1. date on which the Provider receives the final transaction acceptance confirmation in case of the payment using PayPal/DotPay.
    2. date on which required amount is credited to the Provider's bank account in case of wire transfer
  5. The Client agrees to receive Invoices in an electronic form as the PDF file downloadable from the password protected section of the Client Panel.
  6. Upon request via the support ticket we can issue Invoice in a paper form.
  7. The Invoice in a paper form may be collected in person at the Provider's HQ after the prior appointment or sent to the Client (additional postal costs may apply as defined in the current price list).

§12 (Complaints Procedure)

  1. Clients may file a complaint in one of the following forms:
    1. in electronic form by submitting a ticket through the Client Panel
    2. in written form, hand-signed by the Client sent via the traditional post (registered) to: AppDistrict Sp. z o.o., ul. Balicka 100, 30-149 Krakow, Poland.
  2. Every complaint must include at least the following information:
    1. Client's identification data (full name, postal and e-mail addresses and in case of companies also company name), and
    2. the detailed description of the problem.
  3. Provider will deal with the complaint within 14 (fourteen) days period and inform the Client about the result.
  4. If the complaint is accepted the Service will be delivered without defects in no more than 7 (seven) days. If delivery of the Service without defects is infeasible the Provider will issue the full refund in no more than 7 (seven) days.

§13 (Contract modification)

At any time Client may request Package upgrade at any time by paying price difference between the Packages prorated for the remaining service period.

§14 (Contract termination)

  1. The Client may terminate the contract at any point by issuing cancellation request using the Client Panel with the 30 days\' notice, with the effect at the end of the calendar month.
  2. For cancellation request issued by the Client which is not the Consumer no refund will be granted.
  3. The Provider may immediately terminate the contract for one of the following reasons:
    1. Payment for any Service covered by the contract is more than 14 (fourteen) days overdue;
    2. Serious or recurring violations of this Terms of Service.
    3. Continues violation of the §8 pt. 3 of this Terms of Service for more than 48h after receiving the notice from our Support.;
    4. For a contract related to Domains Registration - if the domain has been removed by the Registry for reasons beyond the Operator's control (such as the ruling of Common or Arbitration Court)
  4. The Client may immediately terminate the contract in the case of serious violations of this Terms of Service by the Operator.

§15 (Privacy Policy)

Privacy Policy (including the Cookie Policy) is described in a separate document labeled 'Privacy Policy' - Annex 1 to this Terms of Service.

§16 (Final provisions)

  1. If any of the provisions of this Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
    1. the validity or enforceability in that jurisdiction of any other provision of this Terms of Service; or
    2. the validity or enforceability in other jurisdictions of that or any other provision of this Terms of Service.
  2. In case of the Domain Registration service provisions of this Terms of Service shall apply alongside provisions included in the Terms of Service of appropriate Domain Registrars and Registries mentioned bellow.
  3. To all matters not settled in this Terms Of Service provisions of Polish law shall apply, especially - Act of 23 April 1964 r. - The Polish Civil Code and Act of 18 July, 2002 on Providing Services by Electronic Means.
  4. All disputes arising out of or in connection with this Terms of Service shall be settled by arbitration and if the agreement cannot be reached by the Common Court of competent jurisdiction.

Company Details

AppDistrict Sp. z o.o.
ul. Balicka 100
30-149 Kraków (PL)
1-833-APP-DIST
(1-833-277-3478)

VAT No: PL6772378204
REGON (Co. No): 122988570
KRS (Reg. No): 0000491117

Copyright © 2013-2018 AppDistrict Sp. z o.o.