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REMOTE ADMIN SP. Z O. O. 40-101 Katowice, Chorzowska 150 Silesia Business Park – building B level 5
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Regulations of provided services in electronic version
§ 1. General decisions.
1. These Regulations (called later as the "Regulations") regulate the general principles to provide electronic services by Remote Admin Sp. z o. o. with headquarter in Katowice with the exact address ul. Chorzowska 150, Silesia Business Park - building B, floor 5, registered by the District Court Katowice East, VIII Commercial Department of the National Court Register under the number KRS: 0000708177, NIP: 6342915958, REGON: 368933620 (called later as "Remote Admin").
2. The Regulations are available at: https://remoteadmin.store/
3. The Regulations set out the principles on which Remote Admin undertakes to make available on its platform a VPS server or based on its other competences, other services provided electronically.
4. Remote Admin, in the interests of the highest standard of makeing services by electronic means, undertakes to update the current regulations if necessary.
5. In matters not covered in the regulations, the provisions of Polish law shall apply.
6. All disputes that may arise from the current contract and the terms contained therein shall be resolved amicably by the parties first. In the absence of an amicable settlement, the disputes will be subject to consideration by the court competent for the seat of Remote Admin.
§ 2. Definitions:
1. Ordering Party - an entity or a natural person placing a one-time or subscription purchasing order.
2. VPS - Private Virtual Server.
3. Root - an account with access to all commands and files on the system.
4. Open Source - Software licensed under free software license.
5. SPAM - Unwanted or unsolicited e-mails sent in large quantities.
6. Port scanning - the action of sending TCP or UDP packets to the system or systems (any type: computers, printers, routers) available through the TCP / IP network to check open ports and available services.
7. Sniffing - is an indispensable diagnostic tool for most network administrators, especially when diagnosing problems with reliability or performance of connections.
8. Spoofing - the act of impersonating a hacker as another device or platform in order to gain access to resources.
§ 3. Provision of services and its conditions.
1. Services are provided only if the Purchaser accepts these Regulations. The regulations are accepted during the ordering process at: https://remoteadmin.store/
2. Remote Admin declares and the Ordering Party acknowledges that all online configurations of the VPS server and other services are available at: https://remoteadmin.store/.
3. During completing the ordering process and accepting these Regulations,Ordering Party the undertakes to make an thoughtful choice of the VPS server version or other services.
4. Remote Admin, after preparing and delivering the order placed and paid by the Ordering Party, realizes an electronic notification (e-mail) about the readiness of services for use by the Ordering Party.
5. Remote Admin will carry out deliveries of the Ordering Party within a maximum of 2 business days, excluding non-working days, in area of Poland for the VPS Server Service and a maximum of 7 working days, excluding non-working days in Poland, for other Services.
6. The VPS server sharing service is based on virtualization technology. The Ordering Party, together with the acceptance of the Order and the Regulations, acknowledges that Remote Admin cannot guarantee every change in hardware resources.
7. Remote Admin will provide one-off services ordered by the Ordering Party only after the payment is made by the Ordering Party, based on the previously issued Pro forma invoice within the time limit specified on the invoice.
8. In the case of services provided for a specified period of time, the cost of the entire service may be divided into installments payable monthly on the basis of invoices and within the dates specified therein . No payment within two installments by the Employer will result in the payment of the entire amount for the agreed period of service. In the absence of voluntary payment, a recovery procedure will be initiated to enforce the amounts due.
9. The contract is concluded on the basis of the current Regulations for a definite period as a result of the Customer placing an order and making a payment for the selected period of providing services by Remote Admin. The Purchaser also receives the option of continuing the order for the next billing period by submitting and paying the Order with Remote Admin, which should be done at least 7 business days before the end of the service.
10. In the case of concluding a contract for the provision of services for an indefinite period, the cost of the service is payable in advance for each subsequent calendar year. The receivable can be divided into installments paid monthly. The contracting authority is entitled to a three month notice period.
10.1 When the Employer uses the VPS Server service or other services, it is possible to change the service parameters to a higher one. In this case, it is necessary to contact Remote Admin to confirm the possibilities and ranges and to prepare an annex to change the terms of the contract.
11. In the case of termination by the Ordering Party of the contract for the providing services before the end of the period of its termination, for which it was concluded or without a notice period in the case of contracts concluded for an indefinite period for reasons attributable to the Ordering Party , the Ordering Party is obliged to pay a contractual penalty to Remote Admin in the amount of PLN 10,000.00. Payment of a contractual penalty does not preclude Remote Admin seeking compensation and redress on general principles if an unjustified termination of the contract by the Ordering Party causes damage exceeding the amount of the agreed contractual penalty.
12. In the case that the Ordered Party is an entrepreneur, for delay in payments for services, Remote Admin has the right to charge interest for delay, followed by the equivalent of 40 EUR (forty EUR) converted into PLN at the average EUR exchange rate announced by the National Bank of Poland on the last business day of the month preceding the month in which the cash benefit became payable, constituting compensation for recovery costs due under the Act of 8 March 2013 on payment deadlines in commercial transactions, Journal of Laws 2013item 403(Dz.U.2013 poz. 403.)
§ 4. Technical assistance and other contacts.
1. In the case of a failure due to the direct fault of Remote Admin, the Orderer Party may contact via the contact form available at the following address: https://zdalnyadmin.com.pl/kontakt/.
2. The Orderer Party may also submit advisory and commercial inquiries via the contact form indicated above, while for commercial inquiries, direct telephone contact is also allowed under the number +48 32 323 14 19.
3. In order to make a complaint, the Ordering Party will contact at: [email protected]
§ 5. Obligations and confidentiality of Remote Admin information
1. Remote Admin undertakes to maintain equipment and servers in constant technical readiness in order to maintain continuity of service provision. Remote Admin undertakes to provide services of high quality and availability and declares that it has the appropriate technical staff and server facilities.
2. The parties are obliged to keep the secret of the enterprise, which means technical, technological, organizational information of the enterprise or other information of economic value, which as a whole or in a particular combination and collection of their elements are not commonly known to persons usually dealing with this type of information. or are not easily accessible to such persons, provided that the person authorized to use or dispose of the information has taken, with due diligence, to keep it confidential pursuant to Art. 11 of the Act on combating unfair competition of 16 April 1993, Journal Of Laws of 1993 No. 47 item 211.(Dz.U.1993 Nr.47 poz.211)
3. Acquisition and use of information constituting a trade secret contrary to the terms of the contract and legal provisions is an unlawful act and is subject to penalties specified in the Act on combating unfair competition of 16 April 1993. Dz. Of Laws of 1993 No. 47 item 211.(1993 Nr.47 poz.211.
§ 6. Rights and obligations of the Ordering Party.
1. The Purchaser declares that he is entitled to place an Order and cooperate with Remote Admin in accordance with the Regulations, and if necessary prove to be an appropriate power of attorney.
2. The Purchaser declares that he acts as a person or entity independent of Remote Admin and bears full responsibility for the activity conducted on the VPS server.
3. The Ordering Party will have "root" access to the VPS server ordered based on the Order. Remote Admin undertakes to access the VPS server only via the Internet, there is no possibility for the Ordering Party of physical access in a physical location.
4. The Ordering Party also undertakes not to place applications, content and file links on the VPS server that can be downloaded in mass form by Internet users.
5. The Ordering Party undertakes to install IT solutions and licenses on the VPS server only in legal form, i.e. in the Open Source version or one for which it has rights / active license. In the event of failure to comply with this provision, Remote Admin reserves the right to block the provision of services without the Ordering Party being able to recover the sums paid and to terminate the contract without notice.
6. The installation of IT solutions on the VPS server for attacking or hacking other servers using general techniques such as port scanning, sniffing, spoofing, etc. is absolutely prohibited on behalf of Remote Admin on the VPS server.
7. The ordering party is entrusted with full responsibility and consequences for improper functioning of the server, including use contrary to generally applicable law
8. Sending messages in bulk (sending SPAM) from a VPS server is completely prohibited by Remote Admin. The Ordering Party declares that he will not use his electronic mail on the VPS server to send unsolicited commercial information addressed to recipients, including posting and disseminating content that is contrary to generally applicable law, in particular content promoting pedophilia, terrorism, trafficking in human beings, drugs, weapons, etc. In a situation where such a situation arises on behalf of the Employer, Remote Admin reserves the right to suspend the server and block services without the Customer being able to recover the amounts paid and to terminate the contract without notice. If the above violations are found, the customer is obliged to pay a contractual penalty of PLN 10 000 to Remote Admin, payable on the basis of an invoice issued within 14 days of issue.
9. If Remote Admin fails to comply with the declared availability times on a monthly basis for reasons attributable to Remote Admin, the Ordering Party shall be entitled to claim compensation in the amount of 1% of the service value for each subsequent 15 minutes of unavailability. In order to consider the grounds for granting compensation, the Ordering Party has the right to lodge a complaint in writing or by e-mail within 14 days of determining the lack of availability of servers.
§ 8. Implementation of services and SLA.
1. Remote Admin declares that it is not responsible for data loss in the event of a server failure, creating a backup copy of the VPS server, which the Purchaser ordered without additional services in the form of Data Backup Service or Snap Service.
2. Remote Admin reserves the right to automatically verify the stream of data sent using the SMTP port of the Purchaser's VPS.
3. Remote Admin declares that it will provide a VPS server delivery service if purchased by the Ordering Party at the level of monthly availability in the amount of 99.95 - 99.98%. The level of availability of the said service will be calculated on the basis of hours and reduced by the total time of unavailability of the service.
The current commitment does not refer to all elements that are under the control of the
Purchaser, more precisely it is installed by the Purchaser on the VPS server.
4. Remote Admin reserves the right to carry out service works related to equipment service and infrastructure development, of which he will inform the Purchaser no later than 3 days before their commencement. Service work then does not result in § 6 ust. 9.
RODO information clause
1) According to art. 13 section 1 of 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, and repealing Directive 95/46 / EC (General Data Protection Regulation) - further: RODO, we would like to inform you that the administrator of your personal data is Remote Admin Sp. Z o. o. With headquarters in Katowice with the exact address ul. Chorzowska 150, Silesia Business Park - building B, floor 5, registered by the District Court Katowice Wschód, VIII Commercial Department of the National Court Register under the number KRS: 0000708177, NIP: 6342915958, REGON: 368933620
2) On the basis of applicable regulations, we have appointed a Data Protection Officer who can be contacted:
• by post to the address: ul. Chorzowska 150, Silesia Business Park - building B, floor 5,
• by e-mail: [email protected]
3) Personal data obtained in connection with the conclusion of the contract with you will be processed for the following purposes:
• related to the implementation of the contract signed with you,
• responding to your letters, requests and complaints,
4) The legal basis for the processing of your data is:
• the necessity to perform the contract or to take action at your request before the conclusion of the contract (art.6 par.1 lit.b RODO),
• the need to comply with the legal obligation incumbent on the administrator (art.6 par.1 lit.c RODO),
• necessity for purposes resulting from legitimate interests pursued by the administrator (art.6 ust.1 lit.f RODO).