The company SuperNetwork s.r.o registered in the commercial register of the Regional court in Ústí nad Labem, section C, article 20771 states the basic Terms and Conditions valid for all the services provided.
Upon the closing of a written contract for the service provided, the written contractual arrangement shall prevail over these Terms and Conditions.
By agreeing to any service which isn't stated within a written contract, the customer agrees to these Terms and Conditions.
The Provider is the company SuperNetwork s.r.o enlisted in the commercial register of the Regional court in Ústí nad Labem, section C, article 20771, company ID (IČO) 25492063, with place of business registered at Na Šafránce 1820/27, Vinohrady 101 00 Praha 10.
The current contact address for sending any documents can be found by visiting the internet portal www.superhosting.net
Bank contact of the provider: 1688672001/5500
The customer is a Czech or foreign legal entity or self-employed business person who closes the written contract or agreement with the Provider implicitly. (the contract is implicitly governed by these Terms and Conditions.) Services will not be provided to a person not enlisted as a legal entity or self-employed business person in the trade register.
THE RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Provider shall provide the service on the basis of a contract concluded either in writing or implicitly. (according to these Terms and Conditions)
The Customer agrees to the provisions of the Provider, without undue delay, throughout the duration of the provision of the services, the necessary cooperation, relating in particular to the submission of the necessary material, data, and supporting documents and to any possible supplementary addition and specification, if such a need arises throughout the duration of its' fulfillment.
The provider shall provide the customer with IP addresses from his / her autonomous system. As part of the service the customer obtains 1 x IPv4 address or an amount of IP addresses stated within the contract. The IP addresses for the webhosting service are shared.
The Provider may refuse to provide Service to the Customer if the Customer refuses to accept these Terms and Conditions, or if the Customer has not provided true information about himself / herself, or for any other reasons that may have arisen for not providing the Service.
For foreign entities or persons, the Provider is entitled to require the proper submission of the necessary documentation needed to confirm the identity and eligibility for closing the contract.
The Provider shall not be held liable for any defects or damage that may have resulted from improper handling of the Customer's computer system administrator. The Provider shall not be held liable for the discontinuation of service in the event of force majeure or in the event of a failure or malfunction of third-party equipment (in particular a longer-term power supply failure, telecommunication connections, etc.) if such events have arisen due to an unavoidable event that could not be proven preventable due to negligence or deliberate acts or omission of the provider.
The Provider is entitled to discontinue the operation of the Service on a short-term basis, in particular due to a system crash and the necessary maintenance and repair of those parts of the system that directly affect the provision of services under Article I., this period may not exceed a period longer than 90 minutes. The Provider shall inform the Customer in a timely manner about the execution of the above actions or other actions which may result in the discontinuation of the server's operation, with the exception of system crashes.
The Provider is not obliged to verify the delivery of the information or notification to the Customer. Sending the information or notification to the customer's email address is considered delivery. By agreeing to these Terms and Conditions, the customer acknowledges this fact.
The Customer agrees not to use the services of the Provider for the transmission of information that would endanger the security of the state or any other public interest, or that would be contrary to moral acts, practices, principles of fair trade, or would otherwise be contrary to generally binding legal regulations, European Community standards or international treaties to which the Czech Republic is bound.
The Customer is not entitled to use the services of the Provider in order to send unrequested information or spam to third parties, to operate the server in a manner that threatens, restricts or attacks another server, or to perform activities that would otherwise be harassing or interfering with third parties, or which may violate their rights.
The Customer is not entitled to overload the infrastructure and the connection or hardware of the Provider, to endanger the privacy or security of computer systems of other users of the Internet network, or to endanger the privacy or security of any other entity (e.g., by the means of viruses, password generators, anonymous, phishing, etc.).
The Provider is entitled to discontinue the operation of the server(s) if the Customer violates any of the provisions of this Article and if the misconduct is not ceased upon receiving the Provider's written (e-mail) or verbal (telephone) notice to cease the misconduct.
The Customer is obliged to inform the Provider of any changes in contact information. If this is not properly fulfilled, any reclamation filed by the Customer for a Service that was poorly fulfilled due to the lack of proper customer contact will not be accepted.
The Provider is registered at the Office for personal data protection of the Czech Republic and the Customer data is handled fully in compliance with the provisions of Act No. 101/2000 Coll., on the protection of personal data, as amended.
The Provider is entitled to change the prices of the provided services given that the Provider notifies the Customer of such a change in writing (or by e-mail) no later than one month before the effective date of the new price. In such an event, the Customer is entitled to terminate the service which would become effective starting from the date of the price change. If the Customer does not send a notice of termination to the Provider no later than the 15th day preceding the change of the price, the continuation of the contract is deemed valid and the parties are thereby bound to the new price terms.
The Provider shall not be held liable for any content uploaded or recorded by the Customer to the server. Full liability for the content on the server or FTP space is held by the Customer.
Telephone calls between the Provider and the Customer may be recorded in order to ensure the quality of service.
The Provider and the Customer have agreed that any information that has been communicated or shared within the conclusion of the contract or the execution of the Service shall remain confidential. All information disclosed is of confidential nature.
The Provider and the Customer are bound to maintain confidentiality of all confidential information and facts that are made known to them relating to the provision of the services, and of whose disclosure to third parties may cause harm to the Customer or the Provider. The provisions of the preceding statement do not apply to cases where the Provider has a contrary obligation stated by law, or when the state authorities require this information by law.
The Customer shall allow the Provider to use his/her logo, label for marketing purposes as a reference unless the contract states otherwise.
The Customer has the right at any time to request the extension of the service provided within the range of the Provider's offer.
The Customer acknowledges that he/she may be held liable or accept any unavailability of service for any misuse of his/her granted permissions, in particular SFTP access, on the basis of misconduct by the Customer.
The Customer is entitled to SLA for his/her service. In the event that SLA is not met for a previous calendar month, the customer may claim a contractual penalty against the provider.
The Customer must file a claim for a contractual penalty in writing at the latest within the following calendar month, otherwise the claim shall be terminated.
The amount of the contractual penalty is calculated as a percentage of the monthly cost for each relevant service. The contractual penalty is set as a flat-rate compensation for the damages.
The maximum amount of the contractual penalty corresponds to the cost of a 1 month flat-rate that the Customer pays to the Provider.
Transfers of services from a Customer to another third party mean the transfer of rights and obligations stated under the contract between the Customer and the Provider. The third party itself, in the event of a transfer of rights and obligations, accepts the terms of the Agreement and these Terms and Conditions to their full extent.
In the event of ordering a service from a website, the ordered service can be canceled before the order is processed and transferred over.
In the event of any unpaid service, the service shall be canceled after 30 days from the due date of the invoice.
INVOICING AND DURATION OF THE CONTRACT
The Customer agrees to send tax documents in electronic format. Invoicing is processed in the upcoming period.
In the event that the Customer is late on unpaid amounts due, the Customer is obliged to pay default interest in the amount of 0.05% daily of this amount due. The day of fulfillment of the amount due is the day in which the amount is credited, which can be unequivocally identified by the correct variable symbol for the the provider through the bank, or in the case of cash payments on the day in which the amount corresponding to the price was paid to the Provider.
The Customer pays the amount stated in the attached invoice that was sent by e-mail. The Customer agrees with this form of payment request.
In the case of a late payment, or part of a late payment longer than 14 days, the Provider is entitled to discontinue the operation of the server and the provision of services. However, the Customer's obligation to pay the amount due for the services provided continues.
The Customer shall not have the right to a refund of the corresponding part of the payment for unused services if the service itself terminates before the end of the payment period and under the circumstances that the termination is not the result of a violation of conditions by the Provider.
The period of use of the service corresponds to the payment / invoicing period. If the Customer sends payment for the next payment notice - an invoice for the next prepaid period, this act is considered an agreement to extend the contract.
The Customer has the right to reclaim the amount invoiced or request an explanation of the amount invoiced within the due date of the invoice. Subsequent later complaints will not be considered.
All of the prices displayed on the Provider's website are excluding VAT.
For some of the services offered by the Provider, payment for these services may be required in advance, prior to the fulfillment of the service. If such an invoice is not paid within the specified due date, the order will be considered canceled.
Unless otherwise stated in the contract, the Provider and the Customer shall enter into an indefinite period of service with a notice period of 2 months.
Upon termination of service, the Customer is obliged to settle all outstanding claims and debts with the Provider within 30 days of termination of the contractual relationship.
The Contract may be terminated by written agreement of the Contracting Parties or termination of one of the Contracting Parties.
In the event of termination of housing services, the Customer server will be disconnected from connectivity and power supply on the last day of the invoice period after 17:00. In the event of termination of the service, the Customer is obliged to pick up the server within 7 days from the expiration of notice period. In the event that the server is not picked up within the given deadline, the Customer will be charged a storage fee of CZK 500 excluding VAT at the commencement of each week. The Customer is obliged to pay the full amount of storage fee in cash at the time that the server is picked up.
In the event that two consecutive invoices for a service are past the due date, the server(s) under this contract disconnected from connectivity and power supply for a period longer than 1 calendar month, the Provider will automatically terminate the service on the 30th day after the due date of the second of the two consecutive unpaid invoices.
These conditions are subject to unlimited change.
The Conditions were published on 29.8.2017.