Terms and Conditions of the Provision of Electronic Communications Services by Master Internet, s.r.o., (hereinafter referred to as the Terms and Conditions, abbreviation "T&C")
1. Introductory provisions
- 1.1. These Terms and Conditions govern the provision of services by Master Internet, s.r.o., based at Jiraskova 21, 602 00 Brno, registered in the Commercial Register at the Regional Court in Brno, Section C, File No. 41160, Company ID No.: 26277557, TIN: CZ26277557.
- 1.2. Services in accordance with these Terms and Conditions can be provided only on a contractual basis. Arrangements diverging from these Terms must be confirmed in writing by both parties.
- 1.3. The Service Agreement shall enter into force on the date specified therein and shall be valid for an agreed period of time or indefinitely with a notice period specified therein.
2. Interpretation Clause
- 2.1. Provider is Master Internet, s.r.o., Company Identification Number: 26277557, who is the Provider of electronic services, hereinafter referred to as the "Provider".
- 2.2. User is a person who has an Agreement with the Provider or a Vendor Provider for the provided services. The User is a natural person or legal entity who lawfully receives services based on the negotiated Agreement. For the purposes of a Service Agreement or Internet Access Agreement, the User can also be referred to as the Customer.
- 2.3. Vendor is a person who represents the Provider as an agent, or acts on their own behalf as a commercial representative providing the Provider's services based on Agreement with the Provider.
- 2.4. Subcontractor is a person supplying partial performance to the Provider which is necessary for the provision of services.
- 2.5. Evaluation Period is a period in which the User is subject to all provisions of these Terms and Conditions other than the provisions concerning payments for provided services apply to the User.
- 2.6. Binding Order is an act of the User with the effects of an Agreement, provided that it is accepted by the Provider.
- 2.7. Server is a system of technical and organizational resources, which is connected to the Provider's network.
- 2.8. Internet Network is an environment composed of a computer network of the Provider and computer networks of third parties.
- 2.9. Electronic Services are services which the User uses on the basis of an Agreement. It concerns hosting of websites on the Provider's server, email services, connection to the Internet, creation of websites, advertising services on the Internet and the like.
- 2.10. Rack Space is space for placing servers in a data rack. The basic unit is one rack (the entire data rack); in case of leasing parts of a rack the space is expressed in terms of U positions.
- 2.11. Access Data is information consisting of a login name (ID), password and Technical Support password. This data allows the User to access their services and log in to the Customer Administration System.
- 2.12. Consumer is under Act no 634/1992 Coll. an individual or a legal entity that purchases products or uses services for purposes other than conducting business with such products or services.
3. Provided Services
- 3.1. The Provider provides the following services:
- 3.1.1. Placing a physical server of the User in the datacenter or leasing it, in the form of housing or leasing a dedicated server.
- 3.1.2. Leasing of rack space in the data rack, in the form of rackhousing.
- 3.1.3. Leasing of computing power and storage, in the form of a virtual server and cloud hosting. This service is based on leasing a part of a physical server as a service, where the User only manages the performance configuration, as with a dedicated server. Hardware management including a virtualization platform is performed by the Provider.
- 3.1.4. Managing a physical or virtual server in the form of so-called managed services.
- 3.1.5. Providing and operating applications, software and software licenses as a service.
- 3.1.6. Connection to the Internet as a connectivity service; this service is offered only in limited areas in which the Provider has connection points.
- 3.2. Each of the above services can optionally be associated with the 3.1.6 Connectivity service, or possibly with other additional services which shall be, with the User's consent, specified in the Agreement.
4. The Rights and Obligations of Contracting Parties
- 4.1. The Provider undertakes to maintain the telecommunications infrastructure of their network in such condition and quality that the provided services are in compliance with the respective technical and operational standards and conditions laid down in the GTC or in the Agreement, and in particular, it must have valid technical and safety certificates required for its operation in the Czech Republic.
- 4.2. The User is obligated to ensure that a data device that connects to the Provider's device has valid technical and safety certificates required for its operation in the Czech Republic; the Customer is responsible for the condition of their data device, including the parameter settings of the device that connects to the Provider's device.
- 4.3. The User undertakes to report any defects immediately to the Provider.
- 4.4. When using the services, the User may not intervene in the Provider's infrastructure in other than the agreed way, in particular they may not move other directories than those accessible to them, or use system commands which would change the system settings or functions.
- 4.5. The User shall not use the network in a way that would interfere with any other network Users, and shall in particular refrain from nonspecific dissemination of unsolicited email. The User will also keep all their systems connected to the Provider's network secure and unusable for reflexive attacks. If the connected system is actively used for attacks, or if the Provider detects that the system is unsecured, it prompts the User to perform system security within 14 days. If a User does not respond, the Provider is authorized to restrict the network connection until proper security is provided.
- 4.6. The User shall ensure correctness and technical accuracy of the information disclosed on the network, in particular routing information and information about the User's domain within the DNS. The User shall not connect unregistered networks and disseminate their routing information through the network.
- 4.7. Should the subject of contracted services be mediating access to another computer system (network), the User must respect the access and protection requirements in this system (network).
- 4.8. The User undertakes to use the provided services in accordance with the law. The User in particular undertakes not to disseminate information, through the provided services, which violate the right of privacy (e.g. defamation), are contrary to morality of economic competition, interfere with the reputation of a legal entity, infringe the copyright, infringe industrial property rights (trademarks in particular) or the dissemination of which is subject to criminal liability (e.g. hoax, incitement or approval of crime, child pornography and other illegal content, promoting a movement aimed at suppressing human rights and freedoms, etc.).
- 4.9. If the Provider learns about the suspicion that the User is not using the services in accordance with the law, the Provider will invite the User to refrain from such use within 5 days. The Provider's invitation must be substantiated. If the User fails the invitation, the Provider is entitled to suspend the provision of the service until a final settlement of the question whether the service is used in conflict with the law.
- 4.10. If within the time specified in the Provider's invitation the User raises sufficiently justified objections against the legitimacy of suspicion, states all relevant facts and declares to compensate the Provider for all damage (resulting from e.g. the Provider's liability under Act no. 480/2004 Coll., on Certain Information Society Services, as amended), which is generated when the Provider does not suspend the provision of the service. The Provider is entitled at any time, in the invitation at the earliest, to determine a reasonable advance payment for damages arising from not suspending the service provision for the User.
- 4.11. The Provider is always entitled to suspend the service if they should put themselves, their employees or other persons in danger of criminal liability, or if the User fails to pay the advance payment determined by the Provider within a specified period.
- 4.12. A User who has a Server placed at the Provider's premises is obligated to collect it upon the termination of the Agreement. Should the User fail to do so within the period specified in the Provider's written request, the Provider is entitled to deal with this uncollected and unused Server at their own discretion.
- 4.13. Users of Housing services have access to the datacenter at any time of day or night, 7 days a week. The scope or duration of this access is the subject of the Agreement. The Provider reserves the right to operational disruption of access for the time necessary in order to edit and repair the computer system. If possible, the Provider shall notify the User about this fact as much in advance as possible. Any failures blocking access shall be removed by the Provider according to their technical and operational capabilities as quickly as possible.
- 4.14. For the purpose of reporting failures, the Provider maintains telephone support on +420 515 919 805 or email email@example.com. Technical Support is available on site 24 hours a day, 365 days a year. During this time the Technical Support personnel are ready to help in case of any problems relating to the service.
- 4.15. The contract is concluded by default at the time of signing by the last of the contracting parties. You can also establish a contract via the provider's website or through the Customer Administration web interface. In these cases, the user selects a service, selects the required configuration parameters (eg performance, operating system, etc.) and fills in the billing information. By sending the order form, a contract for the provision of services is concluded. The user agrees that the provider may start providing services immediately after the conclusion of the contract. In the case of contracts concluded in this way, the contract is concluded for an indefinite period without notice.
- 4.16. When signing a contract or order for the provided services, the User is required to provide the correct and complete data to be used when invoicing the services provided. For the purpose of proper communication with the User, he is also required to provide the name, surname, telephone number and e-mail address of the individual natural person who will serve as the contact person of the User for the Provider (hereinafter referred to as the "contact person of the User"). The User is required to keep both the billing information and the contact information current.
- 4.17. The Provider is entitled to change the IP addresses of the User if it is necessary for network routing.
- 4.18. For services that include provision of software licenses, the User bears full responsibility for the accuracy of the provided information and for compliance with the terms of the license. The User is responsible primarily – though not exclusively – for reporting the correct number of Users with licenses charged to the User's units.
- 4.19. The Provider is authorized to monitor and record telephone calls of Users or employees of Users with employees of Providers at the Customer service line. This monitoring is carried out solely for the purpose of internal control of the provided services, for improving their quality and protecting the legitimate interests of the Provider. The Provider declares that recordings of the telephone calls will be backed up for the time necessary, but no longer than 10 years after the call, with respect to protection or defence of Provider's legal claim.
5. Prices for Services, Their Billing and Payments
- 5.1. Prices for the agreed services are contractual prices in accordance with Act no. 526/90 Coll., on prices, as amended. They are based on a valid price list of the Provider. The price list is displayed on the Provider's website and within the Customer Administration web interface. The listed prices are standardly without VAT, which will be added according to the applicable tax laws in the given billing period. Any divergences from this price list may be subject of an individual agreement.
- 5.2. The Provider is entitled to charge the prices for services provided by third parties for which the Provider performs invoicing on one tax document / invoice.
- 5.3. Prices for agreed services are standardly invoiced monthly according to the agreed tariff. The establishment of services may be subject to a set-up fee.
- A) For services established by default through sales representatives, the user pays a monthly flat rate in advance and a second invoice may be issued to him retrospectively for drawing on above-limit capacities.
- B) For services set up automatically through the Customer Administration, the user pays for the drawn services retroactively according to their use.
- C) For specific types of services, the user pays a one-time fee.
- 5.4. The User may make the payment under the conditions set by the provider either by a payment order or through supported payment gateways. Other methods of payment are not possible by default.
- 5.5. By paying the first invoice, the user agrees with the establishment and parameters of the recurring payment and with the storage of payment data on the side of the payment gateway. The amount is determined according to the use of services and HW capacities per month in the customer portal. Repeated payment for services will always take place once a month for the previous month, for the entire period when the user uses the operator's services. Upon termination of services, liabilities are settled immediately. In case the user wants to change the settings of recurring payment or cancel recurring payment, resp. to cancel the payment, you can contact the email address firstname.lastname@example.org. The payment gateway handles the user's payment card data.
- 5.6. Invoices paid by bank transfer are payable at 14 days, invoices paid credit card through a payment gateway are payable at 5 days. The User is obliged to pay all liabilities within the due period. The due date means the day of crediting the Provider's account.
- 5.7. Should all liabilities of the User not be paid even 10 days after the due date of the invoice, the Provider may disrupt the operation of the provided Internet services, i.e. prevent access to the provided services to the User as well as other participants on the Internet. The provisions of the previous sentence are not used for the first invoice to the new User, when the following applies: if the User is within the due date, which is specified on the bill for services provided, the Provider shall demonstrably notify them and determine an alternative due date no sooner than one week after the delivery of the notification, and in case of unfulfilment of the payment date stated in the notification, Provider may disrupt the operation of the provided Internet services, i.e. prevent access to the provided services to the User as well as other participants on the Internet. Contractual late charges amounting to 0.05 % of the outstanding amount are charged for each day of delay. If the User fails to pay their debts within 30 days after the due date of the invoice, the provided service will be cancelled (e.g. cancellation of connection, email, domain management, etc.), and the Provider is entitled to demand payment of a contractual penalty of 20 % of the amount equal to the price agreed for the provided services from the date of disruption of services until the day of proper termination. Issuance of a demand for payment and the costs associated with its records are subject to a fee of EUR 11 which will be invoiced at the next invoicing date. Reactivating of a cancelled or disrupted service may be charged with an installation fee of EUR 37.
- 5.8. Should the Agreement, concluded with natural person, who is not under Act no 634/1992 Coll., considered as Consumer, or with legal entity, be terminated before the arranged fixed date for which the Agreement was concluded, the User is obligated to pay the Provider compensation amounting to the sum of the monthly fees remaining until the end of the agreed fixed term, or the sum of the agreed minimum monthly payments remaining until the end of the agreed fixed term of the Agreement.
- 5.9. A Customer who is not under Act no 634/1992 Sb., considered as Consumer, may, based on an agreement with the Provider, prepay the price for agreed services for the coming quarter, half or one year. If, in such a case, the Customer terminates the contract prematurely, the service Provider does not return the received performance.
- 5.10. The Provider is entitled to adjust the prices of their services depending on demonstrable growth of inputs (electricity, etc.).
- 6.1. The User is obligated to file any complaints regarding faults in the provided services immediately after their discovery, in writing to the email address email@example.com.
- 6.2. In the event that the User's payment is billed incorrectly, the User has a right to dispute the payment immediately after the discovery of this fact, but no later than two months from the date of delivery of the statement for the service provided, in writing to the email address firstname.lastname@example.org.
- 6.3. The Provider shall handle complaints without undue delay and notify the User of the resolution of each complaint in writing by email. Refund will be made to a bank account as agreed with the User.
- 6.4. If a fault in the Provider's system prevents the User from using the services for more than 6 hours in one day after being reported by the User, the User is entitled to a reduction amounting to one thirtieth of their monthly fee. Should the service be unavailable to the User for more than 6 days in one month due to a fault in the Provider's system, the monthly fee shall be refunded in full upon the User's request. Refund of the fee or part thereof is realized by reducing the amount when charging for services for the following month, only if this is not possible then an invoice is issued by the User on the first day of the following month. The User notes that in the event of server downtime or authorized suspension of services, or termination under the terms of the Agreement or in accordance with the Terms and Conditions, the Provider accepts no liability for any damage or lost profit suffered by the User in connection with the provision of services. The User can not claim any compensation from the Provider, through the court or otherwise, other than the discount specified in Section 6.4 hereof, or in Art. V point b) of the Agreement.
- 6.5. The Provider shall not be liable for any damage or lost profit suffered by the User in connection with the use of the Provider's services.
7. Data Protection
- 7.1. Both the Provider and the service User are obligated to consider all data related to the provision of services to be confidential, and consequently it may not be made accessible to third parties.
- 7.2. When transferring data and files, the Provider guarantees compliance with relevant legislation, in particular Act No. 127/2005 Sb. on electronic communications, as subsequently amended, with particular regard to maintaining the protection of personal, operational and location data and confidentiality of communication, in the form of protection against unauthorized access, alteration, destruction, loss or theft or other unauthorized processing or utilization. This is without prejudice to the obligations of the Provider defined by special legal regulation.
- 7.3. The User can adopt their own measures to protect and conceal their transferred data, such as encryption or scrambling. Nevertheless, it must be done in a manner compatible with the Provider's communication system that is while maintaining the possibility to transfer data.
- 7.4. The Provider is not liable for damages incurred by the User as a result of an Internet network failure, delayed delivery or damage to data during transfer. The Provider is not liable for damages incurred by transfer of secret data.
Processing of personal data by the Provider as an administrator
- 7.5. In case the User is a natural person, personal data are processed by the Provider, in particular identification, payment, and contact data within the meaning of Regulation 2016/679 of the European Parliament and of the Council (EU) as of 27 April, 2016 on the protection of individuals within the context of the processing of personal data and the free movement of such data and repealing Directive 95/46 / EC (General Personal Data Protection Act, GDPR) effective from 25 May, 2018.
- 7.6. Regardless of whether the User is a natural or legal person, personal data of the User's employees may also be processed by the Provider, in particular identification and contact details, in the sense of GDPR.
- 7.7. The Provider in his position as administrator processes the personal data that the User or their employee provided when concluding the contract, taking into account the necessity of such processing to fulfil the contract and thus the provision of the service.
- 7.8. The Provider also processes these personal data and data on how the User uses the service based on his legitimate interests for marketing purposes related to the provision of the service.
- 7.9. The provision of such personal data is a contractual requirement of the Provider. Personal data will be processed for a period of 10 years from termination of service, with regard to protecting or defending the legal claims of the Provider.
- 7.10. Provider does not pass User personal information to any other recipients. This is without prejudice to the obligations of the Provider defined by a special legal regulation.
- 7.11. The User, or the employee of the User, has the right in connection with the processing of their personal data:
- a. to ask for information on the categories of personal data processed, the purpose, period, and nature of the processing, and the recipients of personal data;
- b. to request a copy of the processed personal data;
- c. to request that personal data be repaired, supplemented or deleted, or restrict their processing, subject to the conditions laid down by the relevant legislation;
- d. to object to the processing of personal data and the right to file a complaint with the Supervisory Authority;
- e. to be informed of breaches of personal data protection when it is likely that the case of the breach will result in a high risk for its rights and freedoms.
- 7.12. All rights can be claimed by the User through the contacts posted on the Provider's website.
- 7.13. The contact details of the Data Protection Officer and other information on the processing of personal data are published on the Provider's website.
Processing of personal data by the Provider as Processor
- 7.14. When providing a service, the Provider may also process personal data from the position of the processor, in which case the categorization of the processed personal data depends on the type of service provided by the Provider to the User. These Terms and Conditions govern the obligations of the Provider, as processor, and of the User, as administrator, resulting from the processing of Personal Data in accordance with Article 28 GDPR.
- 7.15. Provider as processor processes only these personal data of the data subjects, which are used by the User in a position as administrator during the usage of service. The scope and category of personal data that a User may experience as administrator within the GDPR is always based on the category of service being used.
- 7.16. The processing of personal data will be provided by the Provider in particular through previewing, collecting, using, backing, storing, and deleting, always according to the type of service provided and for the purpose of providing the service and throughout its provision.
- 7.17. The Provider declares that he is able to ensure that appropriate technical and organizational measures are in place to ensure that the processing of personal data complies with the GDPR requirements and that the rights of the data subjects concerned are protected.
- 7.18. The Provider is entitled to involve other processors in processing, but always informs the User about any intended changes regarding the acceptance or substitution of additional processors, thus giving the User the opportunity to object to these changes. If the User does not object without undue delay, it is deemed to agree with the change.
- 7.19. Processing will always take place only on the basis of the User's documented instructions given to the service Provider which arises out of the nature of the service provided or are contained in these terms and contractual arrangements.
- 7.20. No special categories of personal data will be processed when providing the service. The User is required to ensure that no personal data of special categories is transmitted to the Provider.
- 7.21. The Provider as Processor undertakes in the processing of personal data:
- a. to process personal data solely for the purposes and methods resulting from the terms and contractual arrangements,
- b. to ensure that persons authorized to process personal data are bound by confidentiality,
- c. to take all appropriate technical and organizational measures within the meaning of Article 32 of the GDPR that are necessary to ensure the processing of personal data and correspond to the nature of the processing and the associated risk, inter alia, to prevent unauthorized or accidental access to personal data their alteration, destruction or loss, unauthorized transmissions, their unauthorized processing as well as other misuse of personal data,
- d. after termination of service, delete or return all processed personal data to the User, delete all their existing copies,
- e. be assisted by appropriate technical and organizational measures, where possible, to meet the obligation of the controller to respond to requests for the exercise of the rights of the data subject,
- f. to assist the User in ensuring compliance with the duty of processing security, in reporting privacy breaches, in reporting personal data violations to the data subject, in assessing the impact on the protection of personal data, and in prior consultation with the Office for the Protection of Personal Data,
- g. to immediately inform the User when, in his opinion, an instruction violates the provisions of GDPR or other EU or Member State data protection legislation,
- h. to assist the User in ensuring compliance with the GDPR Articles 32 to 36, taking into account the nature of the processing and information available to the Provider,
- i. to provide the User, on the basis of his written instructions, with all the necessary information to demonstrate that the Provider's obligations under Article 28 of the GDPR have been fulfilled and to allow audits, including inspections carried out by an administrator or other auditor entrusted by the trustee, and to contribute to these audits,
- j. to provide the User, at his written request, with all the information necessary to demonstrate that the obligations laid down in these conditions and in the Article 28 of the GDPR have been met,
- k. in the event of a breach of security of the processed personal data, promptly upon detection, notify the User, the warning will include a description of the nature of the personal data breach, a description of the likely consequences of a personal data breach, and a description of the measures the Provider has taken or proposes to take, which it recommends to accept the User, always with a view to resolving the personal data breach and mitigating possible adverse effects.
- 7.22. The User hereby explicitly commits to the Provider to comply with all obligations arising from these terms, contractual arrangements, GDPR provisions, applicable laws, and other generally binding legal regulations, if the User gets in a position of an administrator of personal data in a sense of GDPR. The User's obligation under the preceding sentence includes, among other things, his obligation to pass on to the Provider through the service only such other personal data with a valid legal title within the meaning of Article 6 of the GDPR, with observing all the principles set out in Article 5 of the GDPR and related legal obligations. To this end, the User undertakes, among other things, to ensure that the processing of personal data in the form of its storage will have a valid legal title in compliance with GDPR requirements and other legal regulations throughout the processing.
- 7.23. Irrespective of the legal title on the basis of which the personal data are processed, the User undertakes, in the case of being in a position of administrator in relation to certain personal data, to perform their information obligation to the data subjects resulting from the Article 13 et seq. GDPR including informing on automated processing of personal data in the form of profiling.
- 7.24. In the event of a breach of any obligation under this Article, the User undertakes to compensate the Provider for any (material and non-material) damage to the Provider as a result of or in connection with the breach.
- 7.25. The Contracting Parties undertake to ensure the fulfilment of the obligations arising from the GDPR and this Article of Conditions, no later than the effective date of the GDPR. However, obligations that are required by valid and effective law prior to the effective date of the GDPR shall be complied with by the contracting parties as from the effective date of these terms.
8. Limitation or Suspension of Services
- 8.1. The Provider is entitled to limit or suspend the provision of services for the time necessary for the following reasons:
- 8.1.1. Maintenance or repair of network infrastructure
- 8.1.2. For reasons set out in the relevant legislation (e.g. Art. 99 par. 3 of Act no. 127/2005 Coll. , on electronic communications, as amended – crisis situation, or Art. 98 par. 3 of Act no. 127/2005 Coll., on electronic communications, as amended – serious breach of security and integrity of the Provider’s communication network due to damage or destruction of electronic communication equipment, particularly due to major operational failures or natural disasters)
- 8.1.3. Circumstances precluding liability under the law.
- 8.2. The Provider will restore the service as soon as the reasons for its limitation or suspension under the previous clauses cease to exist.
- 8.3. The Provider is also entitled to limit the active use of the service or terminate services immediately, for example, if the User is in arrears with their payment or fails to fulfill other contractual conditions. For details see Clauses 4.9, 4.11, 5.7 and 9.1.
- 8.4. If the Provider detects any unexpected or unusual circumstances related to the service provided which may have a significant effect on the service provided, in particular in the form of its interruption or limitation, and the nature of which is believed by the Provider to require User interaction, the Provider shall familiarize the User with such facts without undue delay, through the User's Contact Person. In such case, the User is obliged to provide synergy with the Provider without undue delay.
9. Common and Final Provisions
In Brno, published at na www.masterdc.com on 30th September, 2020, in effect from 1st November, 2020.
- 9.1. In the event of gross or repeated violation of these Terms and Conditions, particularly Section 5. of hereof, the Provider reserves the right to immediate termination of the Service Agreement, e.g. among other things, the immediate disruption or cancellation of provided services.
- 9.2. Termination of the Agreement by the User and collection of Servers is possible only after payment of all obligations under the Agreement and the valid price lists of services.
- 9.3. The Provider is not liable for damages incurred by the User due to disruption of services under Clauses 4.9, 4.11, 5.7, 8.1 and 9.1 of these Terms and Conditions.
- 9.4. The Provider undertakes to maintain insurance of User technology which is physically located in the Provider's data center to cover the risks associated with damage, loss or theft of a Server. The minimum insurance limits are CZK 10,000 per Server (in case of placement of individual Servers) and CZK 35,000 per rack (when leasing racks). When leasing parts of racks, the amount is reduced proportionally.
- 9.5. Any divergences from these Terms and Conditions, if agreed upon between the Provider and the User, must be in writing, signed by both parties. The Provider is entitled to change these T&C, provided that they shall be published one month before they come into effect, through the website www.masterdc.com.
- 9.6. Legal relationships arising from the Agreement and these Terms and Conditions, as well as legal relationships relating to the Agreement abide by the Czech law.