Terms and Conditions - Eurhosting ®

OCTOBER 9th 2022

Terms of uses

The Customer acknowledges that the services of eurhosting.net or server-managed.it or assistenzaremota.org are offered by Padovani sro . with registered and operational headquarters in Příkop 843/4, Zábrdovice, 602 00 Brno (Czech Republic) in possession of an authorized VAT / VAT number and duly registered with VIES and intra-European trade EU VAT / TVA: CZ03835341 formally qualified as private company with limited liability SRO, under European law (hereinafter only Eurhosting ) through the internet and therefore in the manner described online, under the following conditions:

1) General Conditions.

1.1 Introduction

These general conditions have as their object the rules for Cloud, Cloud Vps services (from now on only Cloud) and Dedicated Servers offered by Eurhosting . The order confirmation takes place online on the eurhosting.net website (specifically in the shop at https://entry.eurhosting.net) and the payment of the amount requested constitute full acceptance of the general conditions drawn up and prepared in compliance with the provisions contained in the Decree Legislative Decree 206/2005 (Consumer Code) and in the Legislative Decree 31 January 2007, n. 7 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the creation of new businesses). Any additional services other than those established in the offer may be provided only after a specific request by the Customer in a manner to be defined from time to time.

1.2 Characteristics of the service

The Cloud and Dedicated Server services offered by Eurhosting , identified on the basis of the type chosen when ordering, may consist in the preparation by Eurhosting of Cloud environments, based on the resources budgeted and selected during the order phase, completely at disposition of the Customer; in this regard, the Customer acknowledges and accepts that each VPS has a bandwidth limit agreed upon when ordering which is 1Gbit / s on Cloud solutions and on Dedicated Servers, unless otherwise agreed. The Customer, by signing this contract, accepts the characteristics of the individual packages purchased.

1.3 Additional Services and Options

1.3.1

1.3.1 At the same time as the request for activation of a Cloud Service or Dedicated Server, or after this request, the Customer has the possibility to also purchase Additional Services (Software licenses, Backup, Firewall, Controller Raid etc.), as indicated in the website https: // eurhosting.net or https://server-gestito.it or https://entry.eurhosting.net. The Customer also acknowledges and accepts that the Additional Services are provided with the characteristics and functionalities indicated on the portal eurhosting.net or server-gestito.it or indicated in the commercial proposal.

1.3.2

Customer will have installed Ubuntu 20 or later Linux operating system.
The Customer will have the possibility to install one or more applications in a completely autonomous way.The Customer will be able to manage the service via console, accessible directly through his customer area on ProxMox as well as via SSH (on linux machines )

The Customer also acknowledges and accepts that

the applications made available to you by Eurhosting may not be compatible with the other applications already installed by the Customer and / or may not be suitable and suitable for the purpose he intends to pursue with them; therefore, the Customer relieves Eurhosting from any responsibility in this regard now for then;
the responsibility for the choice, use and any incompatibility of the applications made available by Eurhosting is and remains exclusively the responsibility of the Customer who declares, now by then, to release Eurhosting from any responsibility in this regard;
the updates of the applications on the Cloud and Dedicated Servers are the responsibility of the Customer. Eurhosting cannot be held responsible in the event of problems on Dedicated solutions (Cloud and Server) due to the failure to apply application updates, the failure and / or incorrect updating of the applications themselves by the Customer.
the options, regardless of the date of their activation, have the same duration as the Cloud or Dedicated Server service;

1.3.3

The basic Backup service is included in the service.
The Customer acknowledges and accepts that:

the backup service, regardless of the date of its activation, has the same duration as the service to which it is associated and, therefore, acquires the same expiration date;
the backup service must necessarily be associated with the service, therefore, the Customer may submit any renewal order only if the main service to which it is associated has in turn been renewed.

The backup copies, with the purchase of the Snapshot or Automatic File Backup service, will be configured by default every 24h (if the customer wants customized configurations, he can make them independently or request assistance from the technical department via ticket system) and will be available to the Customer at any time, except for possible technical interruptions of services due to breakdowns, malfunctions or maintenance of the machines and / or software. In this case, the Customer will have nothing to claim by way of compensation and / or compensation for the unavailability and failure to use the backup service.

The Customer acknowledges and accepts that, although the use of the backup service reduces the risk of data loss and makes it easier for the Customer to have a copy of the same available, the possibility that the backup may be incomplete and / or missing, therefore the Customer is in any case also required to periodically and independently make a backup copy of the entire contents of the database. Eurhosting will in any case make a backup copy for the Cloud Solutions for internal use.
In any case, any responsibility of Eurhosting is excluded .

1.3.4 Additional Setup Fees and Expenses

The customer acknowledges that some Hosting, VPS, Cloud and dedicated Server solutions may have additional installation costs to the service defined as “one-off”. The activation costs go to cover and contribute to the initial setup costs such as the installation of the server, the operating system, the migration of websites or web applications and the optimization of the same.

In some cases, the activation and setup costs are discounted or offered free of charge on half-yearly or annual plans paid in a single solution.

1.3.5 Additional costs and expenses for additional options and features when ordering

The customer acknowledges that the Hosting, VPS, Cloud and Dedicated Server solutions may have additional options to be selected when ordering.
The customer acknowledges that the additional options may have additional costs at the base price of the chosen solution.All the additional options that will determine a cost will be reported during the purchase phase in the configurator and in the order summary and will be accounted for in the invoice with their additional cost.

1.3.6 Additional costs and expenses for ancillary services

The customer acknowledges that all Hosting, VPS, Cloud and dedicated Server solutions may request accessory services if the customer is unable to satisfy their needs independently or through their own qualified technical personnel.

All the additional services requested that will determine a cost will be reported in the proforma invoice at the end of the month and to be paid through the payment methods provided.

To protect the customer and the supplier, the prices of the main operations requested are shown below:

WEB site subjected to defacement for hacker attack. 50 € / h
Restore backup DB. 40 €
Restore Backup File. 40 €
Restore File Backup + DB Backup: 40 €
Production of Rewrite NGINX rules 20 € or on estimate
Power increase or migration to another instance / Server for traffic peaks. (Instance cost plus € 50 for migration) Backup restore on staging systems . 100 €
Cloning of systems from production to staging or alignment of the same ( sync ). 50 €
Tracking of DNS records 10 € Switch nameservers with those provided by the customer. 10 €
HTTPS installation with Let’S Encrypt and redirect 301 € 20 per site or subdomain
Third level subdomain activation (€ 10 each) PageSpeed optimization at Application level (€ 100 one-off)
Server instance downgrade (instance cost + € 50 one-off) Assistance in permalink change and rewrite 301 (€ 50 one-off).
Backup implementation on external systems owned by the customer (100 € one-
off)

The customer accepts that if he requests an operation via ticket or request for support, Eurhosting will be authorized to charge it as an extra cost to any service rental costs.

1.4 Eurhosting ‘s Power to Modify

Eurhosting reserves the right to modify the service and vary the conditions of the offer at any time and without notice; in this regard it is understood that the contracts concluded prior to the insertion of the modifications or variations will in any case be accepted and fully respected under the agreed conditions.
The Customer acknowledges and accepts that the Service covered by the Contract is characterized by constantly evolving technology, for these reasons Eurhosting reserves the right to better modify the technical economic characteristics of the Service, the tools related to it and to vary the conditions of the Contract at any time, even after its signing, without this giving rise to obligations of any kind for the Customer.

Eurhosting ‘s Limitation of Liability

In no case Eurhosting will be held responsible for the malfunctioning of the services deriving from causes attributable to telephone lines, electricity and global and national networks, including failures, overloads or interruptions, and in any case for facts dependent on third parties, such as ddos and computer attacks in general. No compensation for damages can be requested from Eurhosting for direct and / or indirect damages caused by the use or non-use of the services purchased. Eurhosting cannot be held responsible for failures on the services offered that derive from force majeure. The user undertakes to hold harmless from all losses, damages, liabilities, costs, charges and expenses including any legal fees that may be incurred or incurred by Eurhosting as a consequence of any non-fulfillment of the obligations assumed and guarantees given by the user. with the signing of this contract or membership form and in any case connected to the entry of information in the space provided by Eurhosting , even in the event of compensation for damages claimed by third parties for any reason. The customer releases Eurhosting from any civil and criminal liability for the illegal use of the services used by him and his customers.

1.6 Force Majeure, Catastrophic Events and unforeseeable circumstances

Neither party is responsible for failures attributable to ddos and computer attacks in general, fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and a any other unforeseeable and exceptional cause that prevents us from providing the agreed service.

1.7 Suspension of the Service

Eurhosting , at its discretion and without the exercise of this right being contested as non-fulfillment or violation of the Contract, reserves the right to suspend the Service, even without prior notice in the event that:

the Customer defaults or violates even one of the provisions contained in the Contract;
the Customer fails to find, in whole or in part, the requests of Eurhosting and in any case his behavior is such as to generate the well-founded and reasonable fear that he will default on the Contract or be responsible for one or more violations of its provisions;
there are well-founded reasons to believe that the Service is being used by unauthorized third parties;
there are cases of force majeure or circumstances which, at Eurhosting ‘s unquestionable judgment , require the carrying out of emergency interventions or related to the resolution of security problems, danger for the entire network and / or for people or things; in this case, the Service will be restored when Eurhosting , at its discretion, has assessed that the causes that led to its suspension / interruption have actually been removed or eliminated;
the Customer is involved, for any reason, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature and in any case in the event that said dispute relates to acts and conduct carried out through the Service and / or the Virtual infrastructure;
the suspension is requested by the Judicial Authority.
the Customer uses defective or unapproved equipment and / or software, or that have malfunctions that may cause security problems and / or vulnerabilities of the Service, may damage the integrity of the network and / or disturb the Service and / or create risks for the physical safety of people and things.

In any case of suspension of the Service attributable to the Customer, any action by Eurhosting for compensation for damage remains unaffected.
During the suspension of the Service, the Customer will not be able to have access to data and / or information and / or content entered and / or processed by the same in the virtual infrastructure.

2) Duration of the Agreement.

2.1 Conclusion of the Agreement

The contract is finalized only when Eurhosting receives from the Customer the payment of the proforma generated by the system, by sending a receipt of payment of the consideration for the type of service chosen, issued by the Entity identified as competent to carry out the operation, Eurhosting will begin to carry out the operations requested by the Customer as of the date of the conclusion of the contract. The contract thus concluded has a duration equal to the period of time selected during the order procedure starting from the day of activation of the service, except as provided for by the following art. 2.3. In the event that the payment is not valid, the service may be deactivated by Eurhosting and / or transferred to another person, leaving the person who ordered the registration with the obligation to pay and interest relating to the delay.

2.2 Expiration / Renewal of the Agreement

This contract is valid for the duration signed when ordering the service (1,3,6,12 months) starting from the date of signing by the CUSTOMER and will be automatically renewed upon expiry. The CUSTOMER’s desire to renew the contract is implicit and this Contract will be renewed for the same duration chosen during the activation phase. If Eurhosting does not receive any communication from the CUSTOMER in relation to the termination of the contract, the contract will be considered renewed.

At the deadline set for the chosen service, this contract will cease to be effective unless renewed by paying the proforma relating to the expected consideration (at the rates applied at the time of renewal); if the service is not renewed before its natural expiry, the system will automatically suspend it after 4 days from the expiry date and final cancellation after 30 days. In case of payment made within the established terms, the contract will be renewed following its billing cycle. The Customer must also configure the cancellation of the service directly from their customer area, following the procedure described in the FAQ of the Eurhosting site at https://entry.eurhosting.net. The cancellation can be immediate, and this will involve the direct elimination of all data and configurations and therefore will also make it impossible to restore the same, or the natural expiration of the service.

Furthermore, the Customer acknowledges and accepts that:

when the expiration date approaches, Eurhosting reserves the right to send to the reference e-mail accounts and / or the domain e-mail accounts notices of the forthcoming termination of the service in the event of non-renewal.

The Customer acknowledges and accepts that on the expiration date of each Service and in any case, at the end of the Contract for any cause due, the Parties will be automatically free from their respective obligations; the Customer acknowledges and accepts that it is his sole responsibility to obtain and maintain a copy of the data and / or information and / or contents processed through the Service (s), it being understood that once the Contract has ended or the Service has expired, such data and / or information and / or contents may no longer be recoverable. In any case, the Customer relieves, now by then, Eurhosting from any and all liability for any loss or total or partial damage of data and / or information and / or content entered and / or processed by the Customer through the / i Service / I. Any restoration of the data and / or information and / or content entered and / or processed by the same remains the sole responsibility of the Customer, subject to reactivation of the Service in question, if necessary by concluding a new Contract.

3) Services offered by Eurhosting .

The Eurhosting services are distributed in the manner and under the conditions in which they are found on the date of the request for activation of the service as published on the eurhosting.net or server-managed.it website that the Customer, by accepting these general conditions, explicitly declares to know and accept. Any form of explicit or implicit guarantee is expressly excluded, to the extent that this does not conflict with the regulations in force. It is also specified that neither Eurhosting nor any of its licensees, employees, collaborators or agents guarantee the suitability of the service, object of this contract, for any specific function. Eurhosting or anyone who participated in the creation and supply of the services in question, cannot be held responsible for any damage (direct or indirect) connected to the use of the services offered or to the interruption of their functioning. It should also be noted that Padovani sro . is only responsible for the sale of services on the sites https://eurhosting.net https://www.assistenzaremota.org and https://server-gestito.it. We decline all responsibility on sites other than the three mentioned above.

4) Obligations of the Customer.

4.1 Obligations relating to the use of the Service

The Customer undertakes to use the Service in accordance with the provisions of the Contract and the institutional website, in compliance with the law, with the current legislation on morality and public order. By way of example but not limited to, the customer undertakes to:

Ensure that any material that he may enter into the network through the services offered by Eurhosting , is in its legitimate and complete availability, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other third party right or of Eurhosting protected by law or by contract. Any material protected by copyright can be placed on the network only if the customer has obtained the rights of use from the actual owner of the relative copyright and reports the source;
Do not use or let third parties use Eurhosting services against morality and public order, in order to disturb public or private peace, to cause offense, or direct or indirect damage to anyone (by way of example but not limited to: it is the inclusion in the web space of dialers or of materials or extracts of material that deal with pornography, pedophilia or racist or fanatical apologies is prohibited);
Keep the access credentials to the services (login and password) in the strictest confidence and not to transfer to third parties
Change your access password at least every three months, indemnifying and holding Eurhosting harmless from any liability in the event of legal actions, losses or damages (including legal costs and fees) resulting from failure to observe the provisions regarding the conservation, modification and custody of the aforementioned password;
Do not implement acts aimed at violating or attempting to violate the confidentiality of private messages, to damage the integrity of the resources of others or to cause direct or indirect damage to anyone (by way of example but not limited to pirated software, cracks, key generators , serial software, computer attacks of all types including DOS attacks, viruses or other harmful components);
Not to be an active part in attempts to violate the computer systems and security of Eurhosting ‘s networks or of third parties by means of the service made available by Eurhosting that may give rise to civil and / or criminal liability;
not to access the systems, networks and / or information of third parties that have not provided explicit authorization, through scanning / probing techniques , vulnerability tests, attempts to breach security;
Do not create situations of danger and / or instability and / or other problems of a technical nature as a result of programming activities and / or methods of use that impact on the quality of the customer’s or other customers’ service in such a way as to cause damage to them, to Eurhosting and / or third parties;
Do not use the Eurhosting services to contravene or contravene (directly or indirectly) the current European legislation;
Do not publish websites containing gambling, online casinos or in any case contents that do not comply with the provisions of law 401/1989 and subsequent amendments and additions, in the absence of the necessary authorizations provided for by current legislation. In this case, the customer is required to send to the provider, before the publication of the aforementioned contents, a copy of the concession, authorization, license or other title of authorization. It is understood that in the event that Eurhosting becomes aware of websites or links (hyperlinks) to other websites for which a copy of the aforementioned authorization has not been previously provided, Eurhosting reserves the right to suspend the service until provision is made. of the requested documentation, any reimbursement and / or compensation for damages for the unused service period being excluded;
Not to offer information to the public (textual or graphic) harmful to Eurhosting ‘s image through the services made available;
Do not spam or equivalent (see A Set of Guidelines for Mass Unsolicited for a definition of spam Mailings and Postings (spam *) and not to introduce or send programs (viruses, Trojan horses etc ) that compromise the functioning of the network;
Do not carry out phishing or other equivalent illegal actions aimed at stealing personal data or other confidential information from users (by way of example but not limited to: access codes, passwords, userIDs );
Take charge of the protection of the data entered, in the event that you have purchased a service with shared web space;
and accept all the rules contained in the Eurhosting policy , which can be consulted at https://managedserver.it;
not to use or let third parties use the Service in such a way as to cause damage or harm, in any way and form, to the image and trademarks owned by Eurhosting . In case of violation of one or more of the aforementioned obligations, Eurhosting will have the right to cancel any material not allowed entered and to suspend the service immediately and without notice, also reserving the right to terminate the contract pursuant to the following art. 5 and to withhold the sums paid by the Customer as a penalty, without prejudice to compensation for greater damage.

The customer acknowledges and accepts that Eurhosting will have nothing to claim by way of reimbursement, compensation or damages for the measures that it has deemed appropriate to adopt. In any case, the customer assumes, now by then, all responsibility for the above violations and undertakes to indemnify and hold Eurhosting harmless from any prejudicial consequence. The customer acknowledges and accepts that in the event of a dispute with third parties, Eurhosting reserves the right to suspend the service and / or to remove all or part of the material, pending the resolution of the dispute, any and all refunds being explicitly excluded. o compensation or liability of Eurhosting for the failure to use the services during the suspension period and / or for the removal of the material.
Traffic on Cloud and Dedicated Server services is unlimited. Through our Services, unwanted mail (spam) must not be sent in any way. Otherwise, Eurhosting reserves the right to suspend and / or terminate the service.
Eurhosting reserves the right to limit / reduce the use of the products if necessary for operational or security reasons.

4.2

The Customer also guarantees pursuant to art. 46 Presidential Decree 445/2000 and subsequent amendments that the data and information transmitted for the purpose of concluding the Contract are true, correct and such as to allow its identification, and undertakes to communicate any changes thereto, including the e-mail address indicated in the Order Form. Eurhosting reserves the right to verify such data and / or information also requesting additional documents that the Customer undertakes, now by then, to transmit. If the Customer, at the time of identification, has concealed his real identity or falsely declares to be another subject, even through the use of untrue personal documents, or in any case, has acted in such a way as to compromise the identification process, He takes acknowledges and accepts that he will be held, even criminally, responsible for false declarations and / or the use of false documentation and will also be considered exclusively responsible for all damages suffered and suffered by the Suppliers and / or third parties from the inaccuracy and / or falsity of the information communicated, assuming from now on the obligation to indemnify and keep the Suppliers harmless from any possible claim, action and / or request for compensation or damages that may be advanced by anyone against them.

4.2.1

The Customer declares to possess the set of technical knowledge necessary to ensure the correct use, administration and management of the virtual infrastructure (s) and in any case acknowledges and acknowledges that the processing of data and / or information and / or contained by him and their consequent dissemination on the Internet through the same infrastructure (s) are carried out exclusively at his risk and under his responsibility.

4.2.2

The Customer acknowledges that the internet network is not controlled by Eurhosting and that, due to the peculiar structure of the aforementioned network, no public or private entity nor Eurhosting is able to guarantee and monitor the performance and functionality of the network branches and to control the contents of the information that is transmitted through its network. For this reason, no responsibility can be attributed to Eurhosting for the transmission or reception of illegal information of any nature and kind.

4.2.3

The Customer, also in the name and on behalf of third parties to whom he may, for any reason, have allowed to use the Service, undertakes to use the Service itself exclusively for lawful purposes and permitted by the provisions of the law applicable from time to time, by the uses and customs, from the rules of diligence and in any case, without infringing any third party rights, assuming all responsibility in this regard. The Customer declares to be the sole and exclusive administrator of the Service and as such declares to be solely responsible for the management of data and / or information and / or content processed by him in the virtual infrastructure, for their security and for their saving. and to carry out any other activity deemed useful or necessary to guarantee its integrity, committing itself, as a result, to apply, at its own expense, suitable and adequate security measures; the content of the information, sounds, texts, images, elements of form and data accessible and / or made available in the virtual infrastructure and in any case, for any reason, transmitted or put online by the Customer; malfunctions of the Service for any use that does not comply with the Eurhosting Services Use Policy ; loss or disclosure of login credentials; the management of access to his Panel (any connection, modification of the Service or order placed through the Client Panel is presumed to have been made by the Client himself); in this regard, the Customer undertakes the obligation to periodically change the password for access to the Panel with a frequency not exceeding 3 (three) months.

4.2.4

The Customer undertakes to communicate to Eurhosting , by opening a specific ticket, any changes in their personal data and contact details including the e -mail address indicated in the order.

4.2.5

The Customer also undertakes to promptly inform Eurhosting of any unauthorized use of their account or any other breach of security found.

4.2.6

The Customer declares, for himself or for third parties to whom he may, in any capacity, have allowed to use the Service, to be in compliance with the licenses of the software independently inserted and used in the virtual infrastructure and assumes the related costs.

4.2.7

The Customer declares and accepts that he is the sole and exclusive responsible for any operation carried out for himself or for third parties or by them directly, in the use, administration and management of the various virtual infrastructures created and allocated through the Service, for the effect with with regard to these operations, he undertakes to:

comply or make third parties comply with the current legislation applicable to them from time to time, including that for the protection of personal data ( Legislative Decree 196/2003 and European Regulation no. 679/2016);
to indemnify and hold Eurhosting harmless from any and all claims or claims for damages, direct or indirect, of any nature and kind, by anyone advanced in this regard; the Customer undertakes, now for then, to indemnify and hold harmless Eurhosting from any and all requests or claims of third parties for damages caused to them by or through the use of the Service. The Customer will have to bear all costs, compensation for damages and charges, including any legal fees, which may arise from such liability actions and undertakes to inform Eurhosting if such action should be brought against him.

4.2.8

The Customer undertakes to communicate and enforce any third parties who have allowed, in any capacity, to use the Service, all the provisions of the contract, none excluded, also undertaking to indemnify and hold Eurhosting harmless from any possible requests and / or claims. for compensation for damages from anyone who finds title in the violation of the aforementioned provisions and in any case in the behavior of the Customer or the aforementioned third parties.

5) Termination of the contract

5.1 Express termination clause

This contract is terminated by law, pursuant to art. 1456 cc, authorizing Eurhosting to interrupt the service offered without notice and assigning the resources owned by Eurhosting to new customers if the same customer:

transfers the contract in whole or in part to third parties, without the prior written consent of Eurhosting ;
fails to pay the amount requested;
acts or presents itself as a Eurhosting agent ;
is subjected or admitted to insolvency proceedings and / or bankruptcy;
you use the services in different ways than those established by Eurhosting .
contravenes clause 4.1 and 4.2 In such cases Eurhosting will communicate the legal termination by email and / or comp. AR and will retain the sums paid by the Customer as a penalty, without prejudice to compensation for greater damage.

From the date of the termination and / or termination of the Contract in the cases provided for in this article, the Service is deactivated and Eurhosting will have the right to charge the Customer for any additional burden that the same has had to bear, remaining in any case its right to compensation for any damage suffered.

5.2 Withdrawal by Eurhosting

Without prejudice to the above , Eurhosting will have the right to withdraw from this contract at any time without giving reasons, with 7 days’ notice sent by registered letter with return receipt or by email . After the deadline indicated above, if the service has not already been suspended pursuant to art. 4.1, Eurhosting may at any time deactivate, disable, obscure and otherwise render the site and / or e-mail boxes unusable. It is understood that the customer is required to make a copy of the contents entered in their space as Eurhosting , after the notice period, does not guarantee its recovery. Furthermore, in the event of withdrawal, Eurhosting will be required to return to the Customer the accrued price of the service corresponding to the days not used until the next natural expiration of the relationship, explicitly excluding any and all other reimbursement or indemnity or liability of Eurhosting for non-use. by the Customer of the service in the remaining period. Eurhosting reserves the unequivocal right to terminate the service at any time and without notice in the event of fraud or alleged fraud. The customer is required to identify himself, should Eurhosting request it, in order to be able to use the services purchased. In case of lack of communication The service could be terminated and as such unrecoverable. The service may also be suspended at any time and without notice, at the discretion of the technical and / or administrative department. It will be edited by Padovani sro . motivate the suspension by sending an email message on the registration email used when purchasing the services.

5.3 Withdrawal by the Customer

The Customer, who qualifies as a consumer and identified, pursuant to art. 3 of Legislative Decree 206/2005 (so-called Consumer Code), in the natural person who acts for purposes unrelated to his business or professional activity, will have the right to withdraw from this Agreement at any time, without any penalty and without indicating the reasons, by sending the relative communication, with attached copy of a valid identity document, by registered letter with return receipt to Padovani sro ., P ř íkop 843/4, Zábrdovice , 602 00 Brno , for European companies to info @ eurhosting .net or by request in your customer area. The withdrawal will be effective after 30 (thirty) days from the date of receipt by Eurhosting of the aforementioned communication and Eurhosting will deactivate the services. In the event of a transfer request, Eurhosting will communicate any authorization codes to the reference e-mail address. In the event that the customer also requests the reimbursement of the price of the Service for the days not used until the next natural expiry of the relationship, Eurhosting is not obliged in any way to make this reimbursement. The customer acknowledges and accepts that the aforementioned right of withdrawal is recognized, in accordance with Legislative Decree 206/2005 and Law 40/2007, only to customers who qualify as consumers. In the event of unlawful cancellation, withdrawal or termination by the Customer, Eurhosting is from now on authorized to withhold the sums paid by the Customer as a penalty, without prejudice to compensation for greater damage. In any case, it is understood that the customer is required to make a copy of the contents entered in their space, as Eurhosting does not guarantee their recovery.
Without prejudice to the foregoing, the Customer, whether or not he qualifies as a “consumer” pursuant to art. 3 of Legislative Decree 206/2005 (so-called “Consumer Code”), will always have the right to withdraw from this Agreement at any time, without any penalty and without indicating the reasons, with written communication sent by registered letter with return receipt or e-mail to the addresses indicated in the following art. 10.
The withdrawal will be effective after 30 (thirty) days from the date of receipt by Eurhosting of the aforementioned communication.
Alternatively, the Customer can avail himself of the Right of Withdrawal with refund (satisfied or reimbursed) in the following ways:

For Services with a Monthly and Quarterly billing cycle, a refund of the amount paid can be requested within 7 days from the date of purchase of the service. No refunds will be made for the purchase of software licenses or for the registration of one or more domains associated with the service.
For services with a half-yearly or annual billing cycle, a refund can be requested within 15 days from the date of purchase of the service. No refunds will be made for the purchase of software licenses or for the registration of one or more domains associated with the service.

The request must be made via Administrative Ticket from within your customer area.

5.4 Canceling Transactions / Subscription and Recurring Payments.

To unsubscribe from subscription services, open a ticket in the support area on https://login.managedserver.eu and indicate the service to be canceled.

6) Responsibility.

6.1 Eurhosting disclaimers

Eurhosting declines any responsibility both towards its customers and towards third parties for delays, malfunctioning, suspension and / or interruption in the provision of services due to:

force majeure and / or unforeseeable circumstances;
fact of the third party (by way of example but not limited to: unauthorized publication by third parties of the texts entered by the Customer in any messaging area, public or private);
malfunction or non-conformity of the connection devices the customer is equipped with.
failures and malfunctions of machines and software, whether owned by Eurhosting or its suppliers. In such cases the customer acknowledges and accepts that he will have nothing to claim from Eurhosting as compensation. The customer must notify Eurhosting immediately or no later than 24 solar hours of any irregularities in the service. Any damage caused by careless communication will be considered the responsibility of the Customer.

6.2 Responsibilities of both parties

Eurhosting and the customer mutually undertake to treat as confidential any data or information known or managed in relation to the activities for the execution of the service provided by Eurhosting .

6.3 External data processing manager

Eurhosting is in no way responsible for the content that the Client uses through the Cloud Service or Dedicated Server purchased. Eurhosting , therefore, remains unrelated to any type of activity the Customer or its collaborators carry out in full autonomy, following the delivery of the credentials, provided when purchasing the Service. The Customer, through these credentials, remotely controls any personal activity carried out through the use of the services purchased. Furthermore, once the aforementioned credentials have been obtained, the Customer becomes the only Data Controller of the personal data issued at the time of purchase, for the entire duration of the stipulated contract and for the thirty days following its expiry, pursuant to the Legislative Decree 196/03 and of the EU Regulation n. 679/2016.

6.4 Limitation of Liability

6.4.1

Eurhosting will not be liable when the delay in the supply or the degradation of the service:
depend on the actions or omissions of the Customer, its employees or third parties employed by the Customer, and / or its customers; they cannot be resolved and / or eliminated because the Customer refuses the ” access to their own; they occur during periods of scheduled maintenance or in any case communicated in advance; they are due to events of force majeure; they are the result of a suspension of the Service;

6.4.2

Unless this operation is expressly included and provided for by the purchased Service, it does not make any specific backup of the data and / or information and / or content processed by the Customer, for himself or for third parties or by the latter if authorized by the Customer, in the virtual infrastructure. with the exception of the backup on all the contents of the storage that Eurhosting itself , for its own caution, carries out periodically for the purpose of the possible restoration of the Service; however, this does not relieve the Customer from making a complete backup of the data and / or information and / or contents he has entered and / or processed in the virtual infrastructure and from taking all the necessary security measures to safeguard them. In any case, Eurhosting does not offer any guarantee regarding the use of the Service as regards the protection and storage of the aforementioned data and / or information and / or contents, except for the activation by the Customer of a specific accessory service.

6.4.3

Eurhosting will in no case be considered responsible for the use made of the virtual infrastructure in relation to critical situations involving, by way of example, specific risks for the safety of people, environmental damage, specific risks in relation to transport services mass, the management of nuclear and chemical plants and medical devices.

6.4.4

Eurhosting does not assume, under any circumstances, any responsibility for the information, data, content entered or transmitted and, in any case, processed by the Customer, for himself or for third parties or by the latter if authorized by the Customer, in the virtual infrastructure and in generally for the use made by the same of the aforementioned Infrastructure and reserves the right to adopt any initiative and action, to protect its rights and interests. Eurhosting will in no case be liable for any damage, direct or indirect, of any type and kind, caused by the Customer to third parties who in any way and form and for any reason have used the Service.

6.4.5 Appointment as Data Processor.

On Dedicated solutions Eurhosting does not have access to the services, unless the customer provides them in the event of previously agreed technical interventions. Eurhosting will be authorized to process the personal data of which the Customer is the Owner, within the limit of the activities provided for in the aforementioned contract. Eurhosting reserves the right to carry out any activity aimed at ensuring compliance with the relevant provisions in force and the task of managing, supervising and organizing all operations concerning the processing of personal data provided by the Customer / Owner, for the purpose of the correct execution of the activities subject to contract. In compliance with the provisions of the Privacy Code and EU Regulation no. 679/2016, it is specified that Eurhosting will be required to:

Process the personal data provided by the Customer / Owner only for the purpose of providing the Services agreed by contract, using the technical and organizational measures provided for in the same and in the documents referred to therein. In the event that the Customer / Owner needs a different treatment than that indicated above or with specific exceptions with respect to Article 32 of EU Regulation no. 679/2016, he will have to express his will in advance and describe the measures he wishes to be guaranteed, which will later be evaluated and, if applicable, presented with a specific offer.
Ensure that the personnel responsible for processing personal data are bound by an obligation of confidentiality.
Adopt all the measures required pursuant to Article 32 of EU Regulation no. 679/2016;
Respect the conditions set out in paragraphs 2 and 4 of article 32 of EU Regulation no. 679/2016 in order not to have recourse to a new personal data processing manager without prior authorization from the Customer / Owner. In the event that Eurhosting is authorized to resort to this eventuality, it will have to impose on this Manager the same obligations it has subscribed to;
Assist the Customer / Data Controller with adequate technical and organizational measures, where possible, in order to ensure compliance with the rights of the Data Subject ;
Assist the Customer / Data Controller in complying with the obligations
Delete or return all personal data provided by the Customer / Owner following the termination of the provision of the services provided for in the contract.
Make available to the Customer / Owner all the necessary information regarding the obligations that Eurhosting will be required to comply with towards the Customer / Owner himself, offering him the possibility of verification upon agreement on the times and methods of implementation of this procedure, which he must not conflict with the confidentiality obligations assumed by Eurhosting . The costs of this verification will be entirely borne by the Customer / Owner. In the event that Eurhosting makes use of the collaboration of third parties for the activities described above, it will be its responsibility to provide for the erudition of these subjects regarding compliance with the rules prescribed by the Privacy Code and by EU Regulation no. 679/2016. Eurhosting manages the processing of personal data by following all the instructions above, implementing every technical specification prescribed in the Privacy Code and EU Regulation no. 679/2016, taking into account the security requirements established for the provision of services. If anomalous situations occur, the suppliers of the aforementioned services will be required to promptly inform the Customer / Owner.

7) Fees.

For the purpose of concluding the contract, the Customer is required to pay Eurhosting the amount set for the requested service plus any other legal charges. The Customer will not be able to assert rights or raise objections of any kind if he has not previously made the payments provided for in this contract. The Customer acknowledges and accepts that, pursuant to the provisions of art. 52 paragraph 1 letter. e) Legislative Decree 206/2005, payment for the service must be made using one of the methods indicated in the online form, in particular via PayPal, bank transfer or credit card. In case of payment by bank transfer, the Customer is required to indicate the proforma number generated by the system and the references necessary to identify the order placed and must send the bank transfer receipt via email to [email protected]
Payments via paypal and credit card must be made through your own customer area; in the case of using the paypal method , if the “send money” function is used, it is necessary to notify Eurhosting of the payment by providing the relevant id and date by e-mail to [email protected]
With the acceptance of these General Terms and Conditions, the Customer explicitly agrees that the invoice will be sent and / or made available in PDF format. Any credits existing in favor of the Customer by virtue of the failure to activate the Service, for any due cause, must be used by the latter for the purchase or renewal of Eurhosting Services no later than the period of twelve months from the date of payment. After the period of time indicated above has elapsed in vain, without the Customer having used the aforementioned credit, this will be considered definitively acquired and collected by the Supplier, without the Customer being able to claim its return or use.

8) Documentation and Log.

The Customer expressly acknowledges and accepts the existence of the Connections Register (LOG – data relating to access to services), compiled and stored by Eurhosting in the terms and in the manner established by law. The aforementioned register (Log) constitutes full and incontrovertible proof of the facts and actions carried out by the Customer in relation to Eurhosting and / or third parties; it is strictly confidential and can be exhibited and / or supplied exclusively upon request of the competent Authorities. Eurhosting adopts all the technical and organizational measures necessary to guarantee the confidentiality of the connection logs. The Customer also acknowledges and accepts that Eurhosting reserves the right to keep the access logs, when the Customer logs in to the service management panel, for a period of time equal to or greater than the duration of the contractual relationship.

9) Features and functionality of the system.

9.1

The Customer acknowledges and accepts that Eurhosting does not provide any guarantee that the service is perfectly suited to particular purposes. Furthermore, due to the very nature of internet services, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. The Customer indemnifies Eurhosting from any responsibility in case of non-reachability of websites from all over the world, of impossibility of transmission or reception of information for any due cause. The Customer acknowledges and accepts that the use of the services provided in collaboration with other infrastructures (national and international) is limited by the boundaries and by the rules established by the operators of the same services, as well as by the laws in force in the countries hosting these services and by those international on the subject.

9.2 Service levels: Power and Network

These service levels apply to the power supply and Internet connectivity provided by Eurhosting .

Connectivity – 99%
Electric Current – 100% Maintenance windows are excluded from the calculation for the availability of the Internet connection. The level of service on IP connectivity is valid only when network cables are provided by Eurhosting .
Payable when the annual availability without interruptions is less than the foreseen guarantee.The duration of the interruption is intended as cumulative, that is, as the sum of the interruptions occurring during the year.
The compensation is applicable only to the portion of the fee relating to the elements affected by the interruption and does not extend to the entire service fee. From 1 to 4 hours – 10% From 4 to 8 hours – 20% From 8 to 24 hours – 25 % More than 24 hours – 50%

9.3 Levels of Assistance

On Cloud solutions, Eurhosting activates the service immediately after the balance of the proforma generated by the system. If a control panel other options is selected, the service will be provisioned within 24 hours.
On Dedicated Server solutions, activation will take place within 24 hours, except for the unavailability of the selected machine in the Eurhosting warehouses .
The systematic management of dedicated solutions (VPS or Server) is entirely the responsibility of the customer except for the purchase of the Fully option Managed (see attachment available with purchase of the option). The maintenance, care and control of the installed applications are the sole responsibility and burden of the Customer.

10) Information pursuant to art. 52, 53, 64 and ss. and 5 of Legislative Decree 206/2005 and art. 7 of Legislative Decree 70/2003.

Pursuant to the provisions of art. 52, 53 and 64 et seq. D. Lgs. 206/2005 the Customer acknowledges that:
– the service provider is the company Padovani sro . – P ř íkop 843/4, Zábrdovice , 602 00 Brno (Czech Rep.), EU VAT / TVA: CZ03835341
– pursuant to art. 3 of the legislative decree n. 206/2005 the consumer means the natural person who acts for purposes unrelated to the entrepreneurial or professional activity possibly carried out and the (consumer and user associations) that have the exclusive statutory purpose of protecting the rights and interests of consumers or users; These subjects will have the right to withdraw, pursuant to art. 1 paragraph 3 of Law 40/2007, from the contract, without obligation to indicate the reasons and at any time, with communication sent to Eurhosting by registered letter with return receipt to the following address: Padovani sro . – P ř íkop 843/4, Zábrdovice , 602 00 Brno (Czech Rep.) Or by email at [email protected].

After 30 days of receipt by Eurhosting of the aforementioned communication, the withdrawal will be effective and Eurhosting will cease all the services offered and, if necessary, communicate the authorization codes relating to the domain name to the reference email address.

11) Applicable Law and Jurisdiction

11.1

The law applicable to this contract and its annexes is European law.

11.2

Competent to hear of any and all disputes relating to the execution, interpretation, effectiveness and / or termination of this contract will be exclusively the Judicial Authority of the Brno Court, with the express exclusion of the Judicial Authority of any other alternative or competing Court. .

12) Copyright and licenses

12.1

Eurhosting ‘s intellectual and / or industrial property rights as indicated in this regard in the Policy for the use of Eurhosting services . The software as any other copyright or other intellectual property right are the exclusive property of Eurhosting and / or its assignors , therefore the Customer does not acquire any right or title in this regard and is required to use them only during the period of contractual validity.

12.2

In the case of licenses provided by third party suppliers through Eurhosting , the Customer, for himself and / or for the third parties which he has allowed to use the Service, acknowledges that he has read the terms and undertakes to use the software according to the methods indicated on the respective sites exclusively for your personal use.
The Customer undertakes to accept and comply with the terms of the aforementioned licenses. The Customer declares to be aware of the fact that the Licenses exist between the Customer and the owner of the copyright rights on them with the exclusion of any responsibility of Eurhosting . In no case will any breaches and / or conduct of the Customer differing from the Contract be considered as exceptions to the same or tacit acceptance of the same, even if not contested by Eurhosting .
Any inaction by Eurhosting in exercising or enforcing any right or clause of the Contract does not constitute a waiver of such rights or clauses.

13) Final provisions and communications.

The relationships between Eurhosting and the Customer established by these contract conditions can never be understood as relationships of mandate, representation, collaboration or association or other similar or equivalent contracts.
It is forbidden for the Customer, unless specifically approved in writing by Eurhosting , to insert additional clauses or footnotes and / or modify this contract in any way.
Any nullity, annulment or ineffectiveness of one or more clauses of these General Contract Conditions will not extend to the remaining clauses, which must be considered fully valid and effective.
For any dispute relating to the interpretation, execution and termination of these General Conditions of Contract, the Brno Court will have sole jurisdiction, except in the case in which the Customer has acted and concluded this contract as a Consumer for purposes unrelated to business activity. or professional performance. In this case, the court of the place where the customer has his residence or domicile will be exclusively competent , if located in the territory of the Italian state.
For anything not contemplated in these General Contract Conditions, the Parties expressly refer to the provisions of the law.
All communications to the Customer relating to this contractual relationship may be made by Eurhosting by hand, by e-mail, by registered letter with return receipt, ordinary mail or by fax to the addresses communicated by the Customer and, consequently, the same will be considered known by them. Any changes in the Customer’s addresses not communicated to Eurhosting will not be opposable to it
Except for the cases specifically provided for in the Contract, all communications that the Customer intends to send to Eurhosting in relation to the Contract, including requests for assistance, must be sent by ticket in the manner indicated, except for the form provided for the other communications as indicated in the previous articles.
Any complaints regarding the provision of the Service must be sent by e-mail or forwarded by ticket from the Eurhosting assistance service no later than 7 days. from the moment in which the fact that is the subject of the complaint occurs. Eurhosting will examine the complaint and provide a written reply within 15 days of receipt of the complaint. In the case of complaints for particularly complex facts, which do not allow an exhaustive response within the above terms, Eurhosting will inform the Customer within the aforementioned terms on the progress of the practice.
The Customer undertakes not to transfer the contract to third parties without Eurhosting ‘s prior written authorization .

Acceptance of terms of service relating to the “VPS and Server” category

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code , the Customer, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses:

3.3 letter b and c application responsibility and updates
3.4 lett. C backup responsibility
4 Eurhosting ‘s Power to Modify
Eurhosting ‘s Limitation of Liability
7 Suspension of the Service
Customer Obligations.
Termination of the contract
responsibility
fees
Documentation and Log.
System features and functionality.
Applicable Law and Jurisdiction
Copyright and Licenses
Final Provisions and Communications.

Terms & Conditions

Terms of uses