KVS Service - Terms of Use

Terms of Use

1. General Provisions

1.1 Terms and Definitions
a. Offer — this public offer on the basis of which the Service Provider renders Services to the Client.
b. Service Provider — the company "WEBCLOUD PRO OÜ".
c. Client — an individual or legal entity registered in accordance with the provisions of this Offer.
d. Parties — the participants of this Offer, i.e. the Service Provider and the Client.
e. Website — the official website of the Service Provider at https://kvs-service.com.
f. Service — an individual service or a set of telematic, data transfer and other services provided for by this Offer and its appendices, rendered by the Service Provider to the Client.
g. Order — a Service placed by the Client through the Website.
h. Regulations — the procedure for providing Services as defined by the provisions of this Offer.
i. Ticket System — an electronic communication system provided by the Service Provider for interaction with the Client regarding the Services rendered.
1.2 The Service Provider renders Services to the Client subject to their timely payment by the Client under the terms defined by this Offer.
1.3 The Service Provider renders Services using its own equipment and/or the Client's equipment under the terms defined by this Offer.
1.4 The name, scope, cost, delivery timeframes and other terms and characteristics of the Services are reflected in the Orders, which form an integral part of this Offer.
1.5 In performing the provisions of this Offer and resolving disputes, the Parties shall be guided by the applicable legislation of the European Union and the jurisdictions in which Services are provided using the Service Provider's infrastructure.

2. Obligations of the Service Provider

2.1 To render Services to the Client under the terms of this Offer.
2.2 To render the Services paid for by the Client in full, within the timeframes and for the period agreed upon by the Parties, and to provide the equipment and software necessary for this purpose for partial or full use by the Client in accordance with the provisions of this Offer.
2.3 In the event of an interruption in the provision of Services paid for by the Client, to take all possible measures to eliminate the causes of such interruption and to resume the provision of said Services.
2.4 To maintain records of the Client's Services.
2.5 To inform the Client of changes in the terms of service, tariff adjustments for the Client's Orders, as well as maintenance work on the Website or other events at the Service Provider's discretion, by publishing official announcements on the Website and/or sending notifications to the Client via the Ticket System and/or sending an email to the address provided by the Client during registration on the Website.
2.6 To ensure the security of the Client's personal data provided during registration on the Website, except in cases prescribed by applicable European Union legislation (hereinafter EU).
2.7 To provide the Client, upon official written request, with information about itself as prescribed by EU legislation and common commercial practice.
2.8 To provide the Client in a timely manner with reporting documents on work performed in rendering Services and payments received.

3. Obligations of the Client

3.1 To comply with the terms of this Offer and applicable European Union legislation.
3.2 To pay for the Services ordered from the Service Provider in a timely manner.
3.3 To independently monitor and timely replenish their account balance on the Website to avoid interruption and/or termination of Services.
3.4 To provide accurate personal information both during initial registration on the Website and when making subsequent changes. This information includes:
— for individuals: surname, first name, patronymic (if applicable), residential address.
— for legal entities: full legal name, registration details, registered address, and a list of persons using the legal entity's end equipment, certified by an authorised representative of the legal entity, indicating for each person their surname, first name, patronymic (if applicable), residential address and details of their primary identity document.
3.5 To familiarise themselves with the procedure for contacting the Service Provider via the Ticket System as described in this Offer (Appendix No. 2) and on the Website.
3.6 To respond to messages sent by the Service Provider to the Client's personal account on the Website via the Ticket System.
3.7 In the event of technical issues when using the Services, to immediately inform the Service Provider in accordance with the notification procedure.
3.8 To use the Services exclusively in compliance with European Union legislation and to bear full responsibility for any damage of any kind incurred by the Client or third parties in the course of using the Services.
3.9 The Client undertakes not to use the Services provided by the Service Provider, including virtual hosting (hereinafter VH), virtual private servers (hereinafter VPS) and dedicated servers (hereinafter DS), for:
— hosting zoophilia and child pornography;
— hosting information promoting cruelty, violence, war, racial or religious hatred;
— infringing copyrights or related rights, trademarks, patents or other intellectual property rights belonging to third parties;
— mass distribution [1] of commercial messages (spam) via email services, mass link posting, email marketing tools, etc., including those containing links to resources hosted on the Service Provider's infrastructure;
— distribution via the Internet, publication and/or transmission of any information that contradicts European Union legislation and/or international law;
— hosting viruses, exploits, botnets, as well as links to other websites with similar content;
— port scanning of other servers connected to the Internet;
— using our technical capabilities to organise DoS attacks, network scanning, or flooding;
— deliberately creating excessive load on the Service Provider's network or equipment used for providing Services to the Client;
— hosting fraudulent web pages (so-called "phishing");
— hosting online stores offering pharmaceutical products and services;
— hosting torrent trackers;
— hosting pirated and/or malicious software, serial numbers for programs, software cracking tools, as well as links to other websites with similar content;
— hosting resources related to any kind of "financial pyramid" schemes ("SuperProgik", "MLM", etc.);
— hosting resources related to hacking (so-called hack-themed, warez-themed content);
— hosting resources related to the discussion, search or sale of any kind of narcotic substances (including smoking mixtures);
— hosting resources related to the discussion, search or sale of any kind of melee or firearms;
— hosting software for mining any cryptocurrencies on VPS;
— using VPS for any kind of traffic proxying (or tunnelling) from or to any services;
— any other unlawful content that violates the laws of the country where the Client's server is located;
— any other unlawful content that violates international law;
— registering multiple accounts by a single person, as well as registering an account using fictitious data.
3.10 To regularly review official information published on the Service Provider's Website.
3.11 At the Service Provider's request, to provide complete and accurate personal and contact information in accordance with EU legislation and common commercial practice, and to promptly notify the Service Provider of any changes thereto.
3.12 To bear full responsibility for any false or inaccurate information provided to the Service Provider.
3.13 To retain financial documents issued by the Service Provider confirming payment and provision of Services.

[1] "Distribution" refers to both mass distribution of multiple emails to multiple recipients and repeated distribution to a single recipient, as well as the use of the Service Provider's details (web pages, email) in such distributions carried out through third-party services.

4. Rights of the Service Provider

4.1 To immediately suspend the provision of Services to the Client for a period of up to five days or until the Service Provider receives a comprehensive written explanation from the Client in the event of:
— expiration of the Service provision period and/or non-receipt of payment for the Service;
— actions or inactions by the Client that resulted in restricting or obstructing access by other users to the Services;
— attempts by the Client to gain unauthorised access to the Service Provider's resources and/or other systems accessible via the Internet;
— violation by the Client of clause 3.9 of this Offer;
— actions or inactions by the Client aimed at sending, publishing, transmitting, reproducing, providing or any other commercial use of information, software or other materials obtained in whole or in part through the Services, provided there is a written demand from the owner of such information to restrict or prohibit the aforementioned actions (provided this is not expressly permitted by the owner of such information);
— sending commercial or other electronic messages not previously agreed upon with the recipient, where a complaint from the recipient of such messages exists;
— publishing or sending via the Internet any information defaming the Service Provider, as well as taking actions that interfere with the normal operation of the Service Provider.
4.2 The Service Provider has the right to block the Client's Order in the event of a violation of the provisions of this Offer. The Service Provider shall first send the Client a warning via the Ticket System. If the Client refuses to take action to remedy the violation or fails to respond within five business days, the Service Provider shall block the Order. If no response is received from the Client within the subsequent ten days, the Service Provider shall cancel the Order without further notice to the Client.
4.3 The Service Provider has the right to migrate the Client's VPS Orders from one server to another within the Service Provider's infrastructure without notifying the Client, provided that this does not cause degradation of Service quality and/or downtime of the Client's Orders.
4.4 The Service Provider has the right to migrate the Client's VPS Orders from one server to another within the Service Provider's infrastructure unilaterally, with simultaneous notification to the Client via the Ticket System, provided that the Client's projects hosted on said Orders create excessive load on the host server or other Orders hosted on the same host server.
4.5 The Service Provider has the right to amend the terms of this Offer unilaterally, subject to the mandatory publication of the revised version on the Website indicating the date of amendment and the creation of a corresponding news announcement on the Website. The date the amendments take effect shall be the date of their publication.
4.6 The Service Provider has the right to unilaterally refuse service to the Client and/or terminate service to the Client without explanation, while providing the Client time to migrate their projects from the Service Provider's infrastructure to other storage. The Service Provider shall send the Client a corresponding electronic notification via the Ticket System. Three days after sending the aforementioned notification, the Service Provider shall block all of the Client's Orders and initiate the procedure for refunding the remaining balance on those Orders. The moment of termination of service to the Client shall be the moment the Client's Orders are blocked.
4.7 The Service Provider has the right to disclose information about the Client in accordance with applicable European Union legislation.
4.8 The Service Provider has the right to unilaterally and without prior warning immediately terminate service to the Client in the event the Client insults a Service Provider employee via the Ticket System or by any other available means. The moment of termination of service shall be the moment the Client commits the aforementioned insult. The Service Provider shall send the Client an electronic notification of the actions taken, with an explanation of the reasons.
4.9 The Service Provider has the right to suspend service to the Client in the event of doubts regarding the accuracy of the personal and contact information provided, pending receipt of notarised documents confirming the accuracy of the information provided.

5. Rights of the Client

5.1 To require the Service Provider to render Services in accordance with the terms of this Offer.
5.2 To host on their Orders any projects whose content does not contradict European Union law and the terms of this Offer.
5.3 To use the resources provided by the Service Provider at their own discretion and at their own risk.

6. Payment Procedures

6.1 Acceptance of this Offer is made by the Client's prepayment for the Service Provider's Services on the issued invoice in accordance with the payment procedure set out in the relevant Appendix of this Offer and on the Website.
6.2 Service prices and payment procedures are published on the Service Provider's Website. Prices are quoted exclusive of VAT.
6.3 All payments under this Offer are made in a single currency: euros, in accordance with the invoice issued by the Service Provider.
6.4 Prices for Services on the Service Provider's Website in other currencies (namely US dollars, Russian rubles, Ukrainian hryvnias, etc.) are provided solely for the Client's convenience and are converted at the Service Provider's internal exchange rate.
6.5 The moment the Client's payment obligation is deemed fulfilled shall be the day the funds are received in the Service Provider's bank account.
6.6 When preparing payment documents, the Client must include a reference to the unique identifier specified by the Service Provider in the invoice issued to the Client or communicated to the Client by other means.
6.7 In the event that the paid Services or any part thereof were not provided during any period of the Offer's validity, the Client shall prepare and send to the Service Provider a bilateral report on the breach of the Offer's terms. The report must include the reasons why the Client considers the Services not rendered or improperly rendered, as well as the period during which the Client did not use the Service Provider's Services in accordance with this Offer. This report must be prepared and sent to the Service Provider by registered mail no later than five business days from the end of the month in which the Offer's terms were breached. The Service Provider must sign the report or send the Client a reasoned refusal within five days of receipt. If the Client presents arguments satisfactory to the Service Provider regarding the inability to use the Services, the Service Provider shall refund the remaining balance.
6.8 Invoices under this Offer are sent by the Service Provider to the Client by email or issued at the Service Provider's office to the Client's representative against signature.
6.9 In the event the Service Provider issues an invoice for a rendered Service and the Client fails to pay said invoice within three days, the Service Provider may, at its discretion, block said Service until full payment of all the Client's outstanding debts to the Service Provider.
6.10 The Service Provider reserves the right to unilaterally change the tariffs published on the Website, as well as the terms of Service provision. Changes to tariffs shall not affect the tariffs for active Orders, and payments already made shall not be recalculated.
6.11 The Client bears sole responsibility for the correctness of payments made. In the event of a change in the Service Provider's banking details, the Client must independently update the payment details in their financial documents from the moment the new details are published on the Service Provider's Website.
6.12 For payment of the Service Provider's own Services (VH, VPS, DS, etc.), the billing system calculates the length of one month as 31 days. Accordingly, payment for 3 months (quarter) equals 93 days, for 6 months (half-year) — 186 days, for 12 months (year) — 372 days.
6.13 The cost of VH, VPS and DS services comprises the cost of the server and the cost of additional services purchased by the Client together with the server. Discounts apply specifically to the server cost unless otherwise stated.
6.14 Upon the first payment, the Client will be offered to enable the auto-payment service free of charge. By choosing to enable the service, the Client consents to the Service Provider's system automatically attempting to charge the payment amount from the payment method linked by the Client, five days before the Order's payment period expires, without prior notice. The Client may disable this service at any time on the Service Provider's Website (under Personal Account > Products/Services > Service > Edit > Automatic Renewal).
6.15 If the Client fails to disable the auto-payment service in advance and a charge occurs against their wishes, the Client may request a refund within five business days in accordance with the terms of this Offer.

7. Liability of the Parties

7.1 In the event the Client breaches their payment obligations for the Services, the Service Provider may suspend the provision of the corresponding Services for a period of up to 10 days. The moment the Client's new payment obligation begins shall be the issuance of an invoice or the expiration of the paid Service usage period.
7.2 In the event the delay in fulfilling payment obligations for the Services exceeds 10 days, the Service Provider may terminate the contractual relationship unilaterally by notifying the Client via the Ticket System. The Client is not released from the obligation to settle any debts accrued at the time of termination.
7.3 Restoration of Services after their cancellation is possible only if the corresponding technical capabilities exist and on a paid basis at the Service Provider's engineer hourly rate.
7.4 The Service Provider shall not be liable to the Client for delays and interruptions in the provision of Services occurring directly or indirectly due to force majeure and other causes beyond the Service Provider's reasonable control.
7.5 The Service Provider shall not be liable for the quality of additional services provided to the Client by third parties using the Service Provider's resources.
7.6 The Service Provider does not guarantee 100% protection against hacking, as the provision of Services involves software developed by third parties.
7.7 The Client bears full responsibility for the security of their login and password for accessing the Services, as well as for any disclosure of their login and password to third parties and any resulting unauthorised access to the Client's Orders and/or their compromise.
7.8 The Service Provider does not monitor the content hosted on the Client's Orders and shall not be liable for its accuracy and/or legality.
7.9 The Client bears full responsibility for ensuring that the information they host on the Service Provider's resources complies with applicable international legislation, as well as for its accuracy and the lawfulness of its distribution.
7.10 The Service Provider has the right to suspend the provision of Services to the Client pending resolution of disputes in the established manner in the event of receiving substantiated claims from a third party that the Client has violated the law or the terms of this Offer by hosting and/or distributing any information using the Services.
7.11 The Service Provider shall not be liable for harm caused by the Client's actions and/or inactions to the person or property of individuals, legal entities, the state, or to the moral principles of society.
7.12 In the event either Party fails to comply with any provision of this Offer, disputes shall be resolved through negotiation. If resolution of disputes and disagreements through mutual agreement is not possible, they shall be resolved in the manner established by the applicable legislation of the Republic of Estonia.

8. Property Liability of the Parties

8.1 For failure to perform or improper performance of their obligations under this Offer, the Parties shall bear liability in accordance with the legislation of the Republic of Estonia.
8.2 The Parties shall bear no mutual liability for any losses and/or damage incurred by third parties.
8.3 Neither Party shall be liable to the other for financial or other losses, lost profits or other indirect damages, regardless of whether it was possible to foresee the possibility of such damages to the other Party in a given situation.
8.4 The Service Provider's aggregate liability under this Offer shall be limited to compensating the Client for direct proven damages in an amount not exceeding the amount actually paid by the Client for the Services rendered at the time the damage occurred.

9. Compensation Procedure

9.1 The Service Provider guarantees a Service availability rate of no less than 99.5% per year (total downtime not exceeding 43 hours per year).
9.2 In the event the Service was unavailable due to the Service Provider's fault for longer than the permitted downtime, the Client is entitled to receive compensation for the difference.
9.3 The final compensable time is rounded to whole hours. An incomplete hour of 30 minutes or more is rounded up; less than 30 minutes is rounded down. The cost of one hour is 1/720 of the monthly service cost.
9.4 This compensation is the sole and exclusive form of reimbursement to the Client for damages incurred due to service disruptions.
9.5 Scheduled maintenance, force majeure circumstances and other events not caused by the Service Provider shall not constitute grounds for compensation for interruptions in Service provision.

10. Agreement Termination Procedure

10.1 The terms of this Offer shall take effect from the moment of payment for Services in the manner established by this Offer.
10.2 The Client may at any time unilaterally refuse the Service Provider's Services based on a personal statement, with the bilateral signing of a reconciliation report.
10.3 The Service Provider may refuse to provide Services to the Client unilaterally, having notified the Client by letter to the email address provided, seven days in advance.
10.4 All matters beyond the scope of this Offer shall be resolved by the Service Provider and the Client in accordance with the applicable legislation of the Republic of Estonia.

11. Refunds

11.1 The Client is entitled to a full refund for unused Services. An unused Service, in this context, refers to a Service paid for by the Client but not yet delivered for use.
11.2 The Client is entitled to a partial refund for used Services if dissatisfied with the quality of the Services provided or if they decide to discontinue the Service early. A refund is possible only for the full unused period for which prepayment was made. Refunds for the current period of an already provided Service are not possible.
11.3 The Service Provider has the right to deny a refund to the Client in the event of a clear violation by the Client of the provisions of this Offer or the terms of Service provision described herein.
11.4 To obtain a refund, the Client must submit a ticket specifying the Order number, their consent to its cancellation, server access credentials and the reason for discontinuing the Service.
11.5 The Service Provider shall refund the Client's funds to their account balance in the Service Provider's system.
11.6 At the Client's request, the Service Provider may refund funds to the payment method from which the Client originally paid for the Service. If a refund by this method is not possible, the Service Provider shall refund the funds to the Client's account balance in the Service Provider's system.
11.7 The Service Provider undertakes to initiate the refund procedure within 3 business days of receiving the corresponding request from the Client. Refunds to the account balance are processed instantly; in other cases, the process may take up to 45 days.
11.8 Services eligible for refund and exchange under the provisions of this Offer are VH, VPS and DS services.
11.9 Services not eligible for refund or exchange include equipment and software installation services, IP address and DNS services, domain names, licensed software, and basic and full server administration services.
11.10 When calculating refunds, only the actual amounts paid by the Client for the use of Services are taken into account (discounts, bonuses, etc. are not refunded).
11.11 The following conditions are taken into account when calculating the refund amount:
— bank commission fees for the transfer are deducted from the refund amount;
— expenses incurred by the Service Provider due to the Client's fault (including server shutdowns, network issues, IP address blacklisting, etc.) are deducted from the refund amount, depending on each specific case;
— for used Services, refunds are issued for full unused months (calculated on the basis that one month equals thirty-one days);
— the Service Provider has the right to deduct the cost of one full month at the current tariff from the refund amount for DS services if the Client did not notify the Service Provider of their intention to discontinue the Service in advance (at least 7 days prior) via the Ticket System;
— when refunding a Service to which a dynamic discount based on the payment period was applied, the discount amount will be recalculated based on the actual period of Order usage at the time of cancellation. For example, if an Order was paid for one year in advance with a 15% discount, cancellation after 2 (two) months of use will result in a recalculated discount of 0%, cancellation after 4 (four) months — 5%, cancellation after 7 (seven) months — 10%).

12. Miscellaneous Provisions

12.1 The "Basic Server Administration" service is provided free of charge in accordance with the list of included works.
12.2 The "VPS Tariff Downgrade" service for an active Order is carried out, for the purposes of data safety and security, only by placing a new Order at the Client's expense and migrating data from the old Order to the new one with the assistance of the Service Provider's engineers. After migration, the remaining balance for the old Order is credited to the Client's account.
12.3 The "Affiliate Program Payout via WebMoney" service is carried out by the Service Provider with a commission of 1% of the transaction amount.
12.4 The "Sending Original Documents" service is carried out at the Client's expense using any method available to the Service Provider, at the Client's choice.
12.5 When registering, renewing or transferring a domain name, the Client accepts the official rules of the corresponding domain zone, including those relating to the principles of personal data processing.
12.6 In the event it is determined that the Client is using more resources than provided for by their chosen VH or VPS tariff, the Service Provider has the right to impose strict limitations on the corresponding Client Orders, including by applying limits in the virtualisation technologies used by the Service Provider (CageFS, etc.) and by blocking the Order until the Client eliminates the causes of resource overuse.

13. Service Provider Details

13.1 Full legal name: WEBCLOUD PRO OÜ
13.2 Registration number: 16348877
13.3 VAT number: EE102427578
13.4 Legal address: Harju maakond, Tallinn, Vesivärava tn 50-201, 10152, Tallinn, Estonia
13.5 Payment details are provided in invoices and other reporting documents after an Order is placed.

Publication date: 22 November 2021

Antispam Policy

1. Preamble

This policy is applicable to all websites hosted on the servers of WEBCLOUD PRO OÜ. WEBCLOUD PRO OÜ has a strict "No Spam" policy which is elaborated upon below. WEBCLOUD PRO OÜ will not profit and will not allow anyone else to profit from spam of any kind. WEBCLOUD PRO OÜ terminates relationships with anyone who engages in spamming and will cooperate with law enforcement to ensure spammers are held accountable according to the law.

Who should get acquainted with this policy and follow it?

If you are already in any kind of relationship with WEBCLOUD PRO OÜ, you have to read the following policy and follow it as it is one of the key conditions of our further cooperation.

Parties described in this policy:

WEBCLOUD PRO OÜ, also referred to as the Company, KVS Service, kvs-service.com, or "we", "us", or "our".
All KVS Service clients and partners.
Any other clients, partners and subcontractors of KVS Service.

2. No tolerance toward unwanted emails

We believe that any distribution of unauthorised commercial emails (spam) should be explicitly forbidden.

Even though domestic and international law allows distributing unwanted emails under certain conditions, we have chosen a more strict policy of prohibiting any spam actions for all of our clients. This means that all KVS Service clients are not allowed to take part in any actions regarding sending bulk emails for distributing any information, regardless of how the email addresses were obtained, generated or acquired.

This also means that using opt-in email address lists in any form (sending emails to the list of users who gave their consent) is also prohibited, regardless of whether these actions are legal according to state or federal laws.

Any violation of this policy will become grounds for immediate termination of the provision of services. We reserve the right to audit our clients in order to determine whether the policy is followed at any time, with or without prior notification.

We strive to stop the flood of spam prohibited by the law. Nevertheless, our aspiration to fight spam goes way beyond that. Spam in all of its forms is annoying, burdensome and goes against our corporate policy. In accordance with the obligations we have undertaken, we prohibit the types of spam that are still not regulated by law, including:

SPIM, or spam in messengers;
Spam in newsletters;
Spam on forums or other thematic websites, except for those dedicated to it;
Using dating websites for spamming other users;
Any other spamming method.

3. Indemnification

All clients, agents, employees that use any form of digital for-profit promotion via email and violate this policy accept their obligation to pay damages and relieve us of any complaints, accusations, debts, lawsuits and other forms of liability related to violating the law. KVS Service ensures an immediate notification about any and all such complaints; however, the client can choose a lawyer to defend against such accusations at the expense of the person responsible for the alleged violations.

4. Audit

You agree to cooperate with us during our regular audits of any of your activities without any prior notification. In case of our inquiry, you agree to provide us with all promotional materials, means of communication, profiles and any other data related to KVS Service over the past 2 years. You also agree to provide us with information on similar actions, including but not limited to email addresses, lists, names, times and dates when the emails were sent, IP addresses, email systems, software and any other information needed to conduct an audit on email distribution. Your unwillingness to cooperate during such an audit is a ground for the termination of our agreement.

5. Maintenance and blocking the account

KVS Service will immediately block any account that, in its opinion, sends spam or is related to spam or other unwanted bulk emails in any way. Besides, expenses often cannot be calculated. If the factual losses cannot be estimated, you agree to pay KVS Service a 5 euro penalty for each part of spam or email campaign that was sent by you or related to you in any way. Otherwise, you agree to pay KVS Service factual damages to the extent that they can be calculated unless otherwise stated in the Offer or this policy.

Foreseen losses estimation:

In various clauses of this policy, we have mentioned estimated losses that are to apply to you as a penalty if you violate the Offer. In particular, you agree to pay these losses.
By agreeing to pay beforehand estimated losses, you acknowledge that this sum is not a penalty and that the factual losses are undefined and difficult to determine. This sum is, in its essence, a diligent attempt of both parties to calculate the compensation while taking into account expected factual losses.
For any violation of this Offer, there is no precise indemnification sum stated. You also agree that any violation will lead to indemnification in the amount of 500 euro for every separate case. In particular, you agree to pay these 500 euro in order to pay damages.
If we need to employ the help of a lawyer or any other person to get compensation from you or if we must employ the help of a lawyer to get an injunction, you additionally agree to refund our expenses carried out to make you pay damages. You understand that even the minimal amount of losses may require expenses and court fees, transport costs, and you agree to cover them.
If the client's server (website) is hacked and then used for spamming, this section is not applicable.