IaaS Service Terms and Conditions

CHAPTER I. GENERAL PROVISIONS

1. This document constitutes the terms and conditions for the provision of electronic services within the meaning of art.

Article 8 section 1 point 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002, No. 144, item 1204, as amended; hereinafter referred to as the "Act on electronic services"), applied by Mazura sp. z o.o. with its registered office in Ząbki at ul. Baśniowej 1C/2, 05-091 Ząbki, entered in the Register of Entrepreneurs by the REGIONAL COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIV COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under number 0000971559, whose registration files are held in that court, NIP: 1251732787 (hereinafter referred to as the "Service Provider").

2. The Service Provider shall provide to the Client, on the terms specified in the Agreement and other documents mentioned in section 3 of this chapter, IaaS-type services named WebDisk Cloud Computing.
3. This Terms and Conditions, together with the Service Level Agreement (SLA) document and the Privacy Policy, constitute an integral part of the Agreement entered into between the Service Provider and the Client.
4. Explanation of definitions used in the Terms and Conditions:

4.1. Terms and Conditions – these Terms and Conditions governing the provision of IaaS services named WebDisk Cloud Computing by the Service Provider.

4.2. SLA Terms – defines parameters related to IaaS services (Service Level Agreement) provided under WebDisk Cloud Computing.

4.3. Privacy Policy – a document specifying the detailed rules for processing the Customer's personal data, published on the Service Provider's website at https://webdisk.io/polityka_prywatnosi.pdf

4.4. Service Specification – a description of the service provided to the Client by the Service Provider, specifying its parameters, SLA, the period for which the Agreement is concluded, the amount of the subscription fee and the length of subscription periods, constituting the attachment "Service Parameters Specification" to the Agreement.

4.5. Offer – prepared on the basis of the Client's inquiry and commercial information concerning services provided by the Service Provider (posted on the Service Provider's website at https://webdisk.io), an offer directed individually in response to the Client's inquiry.

4.6. Services – WebDisk Cloud Computing IaaS services consisting of providing the Client by the Service Provider, in accordance with the offer and at the level specified in the Service Specification, resources (disk, RAM and processor) in KVM technology based on individual conditions established between the Parties and described in the Service Specification, as well as granting the Client access to an internet connection with a transfer limit, if the limit applies in accordance with the offer or individual conditions established between the Parties specified in the Service Specification. If the Client orders additional services, the services shall also include additional services.

4.7. Additional Services – services provided by the Service Provider to the Client on conditions individually established between the Parties specified in the Service Specification, having an additional character in relation to WebDisk Cloud Computing services, consisting of: software license rental, service administration and provision of backup space, backup creation.

4.8. Service Administration – an additional service consisting of environment and application installation, their configuration and updates – the scope and rules of using the Service Administration service are specified in the appropriate regulations or Agreement for this service.

4.9. Backup – a duplicate of data created for data archiving purposes or for data security reasons.

4.10. Data Security – ensuring integrity, availability and confidentiality of data processed in connection with the provision of the Service and protecting data against access by unauthorized persons.

4.11. Backup Storage Space – an additional service consisting of providing the Client with Object Storage S3 space by the Service Provider for storing backup copies. Creating backups is the responsibility of the Client, unless otherwise specified in the Agreement or Service Specification.

4.12. Agreement – an agreement for the provision of WebDisk Cloud Computing IaaS type hosting service by the Service Provider to the Client; the Agreement may also include additional services: license rental, backup storage space, and service management.

4.13. Service Provider – the provider of services rendered to the Client based on this Regulations, whose details have been specified in section 1 of this chapter of the Regulations.

4.14. Client – a natural person or a natural person conducting business activities in their own name, a legal person or an organizational unit without legal personality, which has concluded an Agreement with the Service Provider as part of their business activities.

4.15. Parties – a joint designation for the Service Provider and the Client.

4.16. User – a natural person to whom the Client has provided access, in connection with the use of services provided by the Service Provider, to resources of a leased server or other devices located in and owned by the Service Provider's data center.

4.17. Client Panel – a Service Provider application run by it on behalf of the Client at the web address https://cs.dco.webdisk.io or https://cloud.dco.webdisk.io or another address specified in the agreement, allowing the performance of operations within the scope of services provided by the Service Provider.

4.18. Client panel credentials – username and password for account access

Clients in the client panel, as referred to in Chapter II § 1 para. 3 of the Terms and Conditions.

4.19. Service Activation - provision of services to the Customer by the Service Provider over the Internet,

which are the subject of the Agreement, the commencement of service provision by the Service Provider to the Client.

4.20. Subscription Period – a period of time lasting one month or a multiple of a month, as specified in the Service Specification, during which the Service Provider invoices the Customer for compensation owed to the Service Provider for services provided by the Service Provider to the Customer under the Agreement. The Subscription Period is also the term for which the Agreement has been concluded between the Parties. By "month" within the meaning of this section, the Parties understand the following consecutive thirty calendar days.

4.21. Subscription Fee – a fee paid by the Client to the Service Provider for services rendered to the Client, payable in subscription periods throughout the entire duration of the Agreement, in the amount specified in the Service Specification; in the event the Client orders additional services, the subscription fee also includes the fee for providing such additional services.

4.22. Payment System Operator – an entity with which the Service Provider has concluded a contract for online payment processing.

4.23. Warez – (from English "wares" – goods) is a collective term for various types of computer products and licenses - primarily paid proprietary software and modified versions of software distributed illegally, for example after removing copy protection measures. The term also applies to other materials distributed in violation of copyright – such as music, films or e-books – and to the method of sharing files with other users by dividing them into small parts and placing them on free servers.

4.24. Network – network infrastructure and technical infrastructure that are made available to the Client by the Service Provider under the concluded Agreement.

4.25. Teleinformation System – in accordance with Article 2(3) of the Act on Electronic Services in Electronic Trade, it is a set of cooperating information technology devices and software, ensuring the processing and storage, as well as sending and receiving of data through telecommunication networks using a device appropriate for the given type of telecommunication network in the meaning of the Act of July 16, 2004 - Telecommunications Law (Journal of Laws No. 171, item 1800, as amended), intended for connection directly or indirectly to network termination points.

4.26. Technical Infrastructure of the Service Provider – a set of cooperating devices and software necessary to ensure the continuity of services provided by the Service Provider.

4.27. Outage – an unplanned interruption in the availability of services provided by the Service Provider to the Client under the concluded Agreement, making it impossible to use the service in full or significantly limiting the use of the service provided to the Client, caused by faulty operation of the Service Provider's technical infrastructure.

4.28. Maintenance window – an interruption in the availability of services provided by the Service Provider to the Client under the concluded Agreement, making it impossible to use the service in full or significantly limiting the use of the service provided to the Client, related to the necessity of carrying out maintenance work, planned and announced to the Client by the Service Provider with at least twelve hours' notice.

4.29. Client panel – a client panel for managing services ordered from WebDisk Cloud Computing located at https://cs.dco.webdisk.io or https://cloud.dco.webdisk.io

4.30. Issue – a report submitted to the Service Provider concerning the operation of the network or services sent via the Client panel or via an email message sent to support@webdisk.io.

4.31. Force majeure – a sudden, external event over the occurrence of which neither party to the Agreement had any influence or could prevent, in particular extraordinary circumstances, war, flood, fire, epidemic (including restrictions introduced after the conclusion of the agreement related to the state of epidemic threat or epidemic), prolonged limitations or interruptions in the supply of electricity or other media necessary for the performance of the Agreement, communication blockades of a supra-regional nature, torrential rain, earthquake, strike, cyberattack, social upheaval or structural or building disasters, etc.

4.32. Transfer – the maximum amount of data (measured in bits) that can be transmitted through a given telecommunications channel or link per unit of time (measured in seconds).

4.33. Service Availability – the time during which the Client has the ability to use the services provided on their behalf under the Agreement by the Service Provider.

4.34. SPAM – unwanted, unsolicited electronic messages distributed in bulk without obtaining prior explicit consent from the message recipient.

4.35. Proxy gateways – application intermediaries that transfer application requests; they serve as a buffer between their user and Internet resources.

4.36. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; OJ EU of 04.05.2016, L. 119/1).

4.37. Personal data – According to Art. 4 point 1) GDPR, this means information on an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;.

4.38. Personal Data Controller – the Service Provider, to the extent that it processes the Client's personal data under the conditions specified in Chapter VI of the Regulations, determining the purposes of processing the Client's Personal Data.

5. To cooperate with the IT system used by the Service Provider, the Client is required to use a computer connected to the Internet and equipped with a web browser: Microsoft Edge, Microsoft Internet Explorer, Mozilla Firefox, Opera, or Chrome in the current version. The technical requirements necessary to cooperate with the IT system used by the Service Provider may be higher than those indicated in the previous sentence, depending on conditions agreed individually between the Parties, and they are described in detail in the Service Specification. If the computer equipment used by the Client does not meet the characteristics mentioned in the two previous sentences, it may prevent the Client from using the services provided by the Service Provider, for which the Service Provider is not responsible.
6. The Service Provider ensures the operation of the IT system it uses, providing the Client with the opportunity to terminate the use of the electronically provided service at any time free of charge. Termination of the use of the electronically provided service does not result in a refund of the paid subscription fee – in such a case, it is retained by the Service Provider.

CHAPTER II. COMMENCEMENT AND TERMINATION OF SERVICE PROVISION

1. Method of Conclusion of Agreement

1.1. The ordering of the service offered by the Service Provider takes place through the Client's acceptance of the Service Provider's offer sent in response to the Client's inquiry submitted electronically, by completing an order form, or by sending an inquiry to the Service Provider's email address.

1.2 When placing an order for services, the Client is obligated to:

1.2.1. provide their personal data to the extent indicated in the Privacy Policy document,

necessary for the implementation of the provisions of these Regulations;

1.2.2. confirm that you have read and accepted the contractual terms contained in

the Terms and Conditions, Service Specification, Privacy Policy, and where applicable, the License Terms;

1.2.3. confirm that you have an Agreement in place with the Service Provider.

1.3. The Client is obligated to provide correct contact details and billing information when placing an order. To verify the data provided by the Client, the Service Provider may request that the Client present originals or certified copies of documents confirming the accuracy of the data before activating the service. Providing false information and thereby breaching the Agreement entitles the Service Provider to refuse service activation and terminate the Agreement immediately at the Client's fault. In such case, the subscription fee paid by the Client shall be refunded to the Client or retained by the Service Provider if refund is not possible.

1.4. After placing the order and accepting the contractual terms, the Service Provider issues a VAT invoice or pro forma invoice to the Client for the subscription fee and sends it by email to the email address provided by the Client when placing the order.

1.5. The service is activated within 24 hours of the Client paying the full subscription fee based on the invoice provided to the Client in accordance with section 4 above, provided that the payment is received in the Service Provider's account on a working day. If the service is paid for on a statutory non-working day, it will be activated on the first working day following that non-working day.

1.6. Unless otherwise specified in the Agreement, the Agreement is concluded with the Customer for the duration of the paid subscription period indicated in the Service Specification and expires upon the expiration of the paid subscription period, unless the Customer pays the Service Provider in accordance with § 2 section 6 of this Chapter a subscription fee for the next subscription period, which is equivalent to the Customer's expression of will to extend the Agreement for the next paid subscription period.

2. Payments

2.1. Settlement between the Parties occurs in the subscription period specified in the Service Specification.

2.2. The subscription fee is charged for the entire subscription period in advance, in the amount specified in the Service Specification.

2.3. The Service Provider undertakes to issue an invoice or pro forma invoice to the Customer immediately upon receipt of the service order from the Customer as payment for the subscription fee for the first subscription period.

2.4. In the case of issuance of a pro forma invoice, failure by the Customer to make payment of the entire subscription fee within 14 days from the date of issuance of the pro forma invoice and its transmission to the Customer at the email address specified in § 1 section 3 of this Chapter, shall result in the failure to activate the ordered Service and termination of the Agreement by the Service Provider in an immediate manner due to the Customer's fault.

2.5. The Client's subscription fee payment is made by bank transfer to the Service Provider's bank account number indicated in the VAT invoice or pro forma invoice issued by it. When making the subscription fee payment, the Client is obligated to provide the VAT invoice number or pro forma invoice number in the transfer title to which the subscription fee relates. The Client bears all costs of paying the subscription fee to the Service Provider (bank transfer costs). The Parties consider the payment date to be the day the Service Provider's bank account is credited with the full payment amount.

2.6. The Service Provider undertakes to issue pro forma invoices with a 7-day payment deadline for the subscription fee for subsequent subscription periods, at least 7 days before the end of the current paid subscription period. Payment by the Customer of the subscription fee for the next subscription period is equivalent to the Customer's expression of intent to extend the Agreement for the next subscription period. After the expiration of the paid subscription period and in the event of failure to pay by the Customer of the subscription fee for the next subscription period, the service is blocked for a further 14 days, calculated from the day of expiration of the pro forma invoice payment deadline. Receipt by the Service Provider during this period of confirmation of payment of the entire subscription fee for the next subscription period will result in immediate unblocking of access to services and is equivalent to extending the Agreement for the next subscription period. After the expiration of the 14-day service blocking period indicated in this paragraph, in the event of failure to pay by the Customer of the subscription fee for the next subscription period, the activated service and the Customer's personal data are immediately removed from the Service Provider's databases. The Service Provider is not responsible for any damage suffered by the Customer or any other person as a result of service blocking and removal of the activated Service carried out in accordance with this paragraph.

2.7. The Service Provider is not responsible for issues arising from payment delays resulting from the action or omission of third parties (banks, postal services, etc.).

2.8. The Service Provider undertakes not to change the financial conditions for the provision of services during the paid subscription period.

2.9. In the event of issuing a pro forma invoice at the moment of recording the payment for the service, the Service Provider undertakes to issue a VAT invoice within no more than seven business days.

2.10. Pro forma invoices and VAT invoices shall be issued by the Service Provider to the Client in electronic form, which the Client agrees to by entering into an Agreement with the Service Provider and accepting these Terms and Conditions. Invoices issued in this manner shall be delivered to the Client via electronic mail to the Client's email address specified in the agreement. The parties may agree that VAT invoices issued by the Service Provider shall also be sent to the Client via European Post, as an ordinary mailing. In such a case, the Client is obliged to order the invoice mailing via traditional post using requests in the Client Panel.

3. Changes to the Agreement

The Service Provider reserves the right to make changes to the content of the Terms and Conditions, Service Specification, SLA Terms, License Terms, and Privacy Policy, which it announces by publishing new document content on its website at https://webdisk.io. In the event of changes to the documents mentioned in the previous sentence, the Service Provider undertakes to inform the Customer of the changes made. For this purpose, the Service Provider will send, within a period not shorter than 30 days before the date the changes take effect, an electronic message to the e-mail address provided by the Customer in the order, containing a link to the content of the modified document. In the event that the Customer, before the changes mentioned in this paragraph take effect, does not inform the Service Provider by e-mail to office@webdisk.io or by submitting a notification from the Client Panel that they do not consent to being covered by the modified document content, the Service Provider will consider the changes to have been accepted. In the event that the Customer informed the Service Provider in the manner described in the previous sentence of their non-consent to being covered by the modified document content, the previous document content will apply to them until the end of the subscription period paid for by the Customer. Upon renewal of the Agreement for the next subscription period, the Customer will be bound by the new, modified document content mentioned in this paragraph.

4. Termination of Agreement

4.1. Unless otherwise specified in the Agreement, the Agreement shall expire upon the end of the paid subscription period. If the Client pays the subscription fee for the next subscription period in accordance with the provisions of § 2 sect. 6 of this Chapter, the Agreement shall be extended for the next paid subscription period; provided, however, that subject to the Service Provider's right to unilaterally modify the documents in accordance with point 3 of this Chapter, if the conditions of service provision change in the next subscription period, the Parties shall consult with each other in this respect and amend the Agreement accordingly.

4.2. In the event of the death of a Client who is a natural person, or in the event of liquidation of a Client who is a legal person or an organizational unit without legal personality, as well as in the event of the Client losing full capacity to perform legal acts, the Agreement shall expire. The provisions of subsection 4.6 of this point concerning the case of an unused subscription fee shall apply accordingly.

4.3. Upon expiration of the paid subscription period for services, the Service Provider may, in exceptional circumstances, in particular such as Client actions resulting in destabilization of the Service Provider's system or infrastructure or conducting activities that increase the risk of lowering the level of information security in the Service Provider's systems, refuse to extend the Client's service subscription for the next billing period. The refusal decision should be provided in writing with justification.

4.4. The Service Provider reserves the right to terminate the Agreement with the Client with immediate effect and to block the services provided to the Client in the event that:

4.4.1. The Client materially breaches the provisions of the applicable Agreement, including the documents comprising the Agreement between the Parties;

4.4.2. The Client admits that, while using the Services provided by the Service Provider, they violate generally applicable laws or infringe on the rights or property of third parties;

4.4.3. The Client uses the Services provided by the Service Provider contrary to their intended purpose, excessively, or exploits the Service Provider's resources in an improper manner;

4.4.4. The Client, while using the Services provided by the Service Provider, acts in a manner detrimental to the Service Provider;

4.4.5. The Service Provider suspends or terminates its business operations;

4.4.6. The Service Provider becomes insolvent;

4.4.7. When further provision of the service becomes impossible for objectively justified reasons;

4.4.8. In cases specified in § 1 subsection 3 and § 2 subsection 4 of this Chapter.

4.5. A statement regarding the termination or cancellation of the Agreement must be submitted to the other Party in written or electronic form, at the correspondence address or appropriate e-mail address indicated: for the Service Provider – in Chapter VIII, subsection 2 point 1 of the Regulations, and for the Client – in the agreement.

4.6. In the event of cancellation of the Agreement by either Party, any unused subscription fee paid by the Client is not subject to refund.

4.7. The Service Provider shall not be liable for any damage related to the non-renewal of Services for the Client in the next subscription period as referred to in subsection 3 of this section, nor for any damage related to the immediate termination of the Agreement with the Client and the blocking of services as referred to in subsection 4 of this section.

4.8. The Service Provider commits to deleting the Client's personal data provided by the Client for the purpose of executing the Agreement from the Service Provider's databases, as well as removing all content posted by the Client on the Service Provider's servers, within 7 days from the date of expiration or termination of the Agreement.

CHAPTER III. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Service Provider undertakes to provide services to the Client within the scope specified in the order placed and paid by the Client, subject to the fulfillment of conditions enabling its performance. At its own discretion and at its own cost, the Service Provider ensures conditions enabling the Client to use the Services while maintaining the parameters described in the SLA Document.
2. The Client is obligated to:

2.1. Protection and management of confidential data, such as access passwords;

2.2. not using the services provided by the Service Provider for the purpose of conducting

activity contrary to generally binding social and moral norms or activity contrary to law or in a manner that may constitute a violation of law, in particular for the purpose of maintaining services containing erotic, pornographic, obscene, commonly considered vulgar content or warez content, containing illegal software, disseminating knowledge in the field of access code cracking techniques (cracking, phishing), virus creation, containing content encouraging criminal activities, or whose elements are used by other services not maintained on the Service Provider's servers;

2.3. not using the services provided by the Service Provider in a manner that infringes the rights of third parties, in particular copyright and personal rights;

2.4. not using the Service Provider's system resources in a manner that impairs their use by other Clients, nor in a manner inconsistent with the nature and purpose of the service;

2.5. not using the services provided by the Service Provider for sending SPAM;

2.6. not sending SPAM constituting advertisements of websites maintained on the Service Provider's servers or in any way referencing resources stored on servers maintained by the Service Provider;

2.7. not attempting to breach the Service Provider's system resources to which the Client does not have access rights;

2.8. securing and updating the software used by the Client;

2.9. complying with the rules of service use resulting from applicable documents published by the Service Provider, in particular the Terms and Conditions, SLA Document, Service Specification, License Terms, Regulations of additional services if the Client has purchased such services, as well as keeping up to date with changes made to these documents;

2.10. informing the Service Provider of any circumstances that may affect the performance of the Agreement;

2.11. timely payment of subscription fees;

2.12. updating Client data in the Client Panel.

3. The Client has the right to freely dispose of data processed through the WebDisk Cloud Computing service, with the exception of the provisions of section 2 of Chapter II and points 3 to 5 of this Chapter.
4. The Client is responsible for any software installed on servers as part of the WebDisk Cloud Computing service; the Service Provider does not bear responsibility for software installed by the Client. The Client also bears full responsibility for the manner of use of the services provided to them by the Service Provider.
5. In the event that the Service Provider receives notice of the Customer using services provided by the Service Provider in violation of the Terms and Conditions or applicable law, the Service Provider is entitled to process the Customer's personal data to the extent necessary to establish the Customer's liability, provided that the Service Provider preserves the fact and content of such notice for evidentiary purposes.
6. The Service Provider is entitled to block data stored on its servers and provided by the Customer in the event that the Service Provider receives credible notice of the unlawful nature of such data. However, the Service Provider is obligated to promptly inform the Customer in advance of the intention to block data posted on its servers by the Customer. Action by the Service Provider in accordance with this section relieves it of liability to the Customer for damage resulting from preventing access to data of an unlawful nature.
7. The Service Provider is entitled to block data stored on its servers and provided by the Customer also in the event that it receives an official notice regarding the unlawful nature of such data. In such a case, the information obligation provided for in section 6, sentence 2 of this Chapter is excluded, and the Service Provider is entitled to provide the contact data indicated by the Customer to the appropriate public authorities. Action by the Service Provider in accordance with this section relieves it of liability to the Customer for damage resulting from preventing access to data of an unlawful nature.

CHAPTER IV. APPLICATION OF THE SLA DOCUMENT

1. The Service Provider undertakes to provide the Services ordered by the Client, ensuring at its own expense and within its own scope the conditions enabling the Client to use the Services while maintaining the parameters described in the SLA Terms, in accordance with the provisions of the Agreement, Terms and Conditions, Service Specification, and Privacy Policy.
2. The service provider allocates RAM on a demand basis, up to the maximum value specified in the service specification, and takes necessary measures to maintain at least 20% of this value.
3. SLA Document application is disabled:

3.1. in case of a technical outage;

3.2. in the event of a failure or downtime of devices that are not part of the Network, and

which are essential for providing services;

3.3. in the event of a failure caused by independent modification

of system components by the Client or third parties for which the Service Provider is not responsible;

3.4. in case of a software layer failure on the server;

3.5. violations by the Client of the security parameters specified in the Service Specification through systems used by the Client.

4. Activities not included in typical technical support (such as installing or repairing Client software, making changes to the Client's website, non-standard service configuration, etc.) and service maintenance may be performed by the Service Provider for a fee. The Service Provider has the right to refuse to perform the activities mentioned in the previous sentence without stating reasons. Activities not included in typical technical support as referred to in this paragraph are not covered by the Agreement and do not constitute services within the meaning of the Terms and Conditions.

CHAPTER V. SERVICE PROVIDER LIABILITY PRINCIPLES

1. Limitations of Service Provider Liability

1.1. The Service Provider is liable for damage caused to the Client as a result of non-performance or improper performance of the Agreement by the Service Provider, unless such damage is caused by circumstances for which the Service Provider bears no responsibility, in particular:

1.1.1. unavailability of services caused by the actions of third parties or force majeure;

1.1.2. use of the provided services by the Client in a manner contrary to applicable law, the Regulations, the Service Specification, the SLA Document, License Terms, or the Privacy Policy;

1.1.3. provision of false or incomplete information by the Client in the order form;

1.1.4. use of the Client's access credentials by third parties, including access data to an email account, which credentials were shared with third parties by the Client, or whose acquisition by third parties was caused by improper security measures implemented by the Client;

1.1.5. use by the Client of materials or software downloaded from the Internet;

1.1.6. faulty operation of software installed and used by the Client on the Service Provider's server.

1.2. The Service Provider's liability for damages provided for in section 1 of this paragraph is limited to an amount equal to the subscription fee specified in the Service Specification for 1 subscription period.

1.3. The Service Provider is not liable for faulty operation of the IT system caused by circumstances beyond its control, in particular force majeure, failures of systems and links of other providers of services rendered electronically, interference by public administration authorities and institutions.

1.4. The Service Provider is liable for failure to exercise due diligence in performing the Agreement. This liability covers actual damages, excluding lost profits of the Client. The Service Provider's liability is limited to an amount equal to the subscription fee specified in the Service Specification for 1 subscription period.

1.5. The Service Provider is not liable for defective operation of the services it provides in situations where the service parameters resulting from the Service Specification document are insufficient to handle resources installed on the server by the Client.

1.6. The Service Provider is not liable for damages incurred by the Client in connection with the appearance of malicious code on the Client's website, the installation of which occurred as a result of errors in the software used by the Client or as a result of the Client's failure to update such software.

1.7. The Service Provider is not liable for unlawful use of the provided services by the Client, User, or other persons to whom the Client has provided their access passwords.

2. Additional Limitations

2.1. To ensure the highest and equal quality of services for all Clients, the Service Provider introduces security parameters, the current values of which have been provided on the website: webdisk.io

2.2. In the event that software applied by the Client excessively loads the Service Provider's servers, which threatens to reduce the quality of services provided by the Service Provider to other Clients below the parameters specified in the SLA Document, or threatens to cause an outage caused by the Client, the Service Provider is entitled to suspend the provision of services to the Client without the need to notify the Client in advance.

2.3. The Service Provider may impose additional restrictions, including blocking the Client's server, in special cases, such as, for example: clear violations of law or creating a real threat to server stability by the Client. The Client shall be informed immediately of any restrictions imposed by the Service Provider.

2.4. The Client has the right to appeal against the Service Provider's decision to suspend services based on section 2 or 3 of this paragraph. If the Client proves that their actions did not pose a risk of the situations indicated in section 2 and 3 of this paragraph, or if the Service Provider confirms that the identified violations have ceased, the Service Provider shall immediately resume service provision to the Client.

2.5. In the event of damage incurred by the Service Provider resulting from the Client's actions indicated in section 2 and 3 of this paragraph that prove to be unjustified, the Service Provider shall be entitled to pursue a claim for damages against the Client. The claim for damages referred to in the previous sentence is limited to an amount equal to the subscription fee specified in the Service Specification for 1 subscription period and covers only actual damage.

CHAPTER VI. PERSONAL DATA PROTECTION

1.1. The Service Provider is the controller of the Client's personal data provided for the purpose of performing the Agreement.

1.2. Information obligation resulting from Article 13 of the GDPR The Service Provider fulfilled this obligation to the Client before concluding the Agreement by providing the Privacy Policy, whose current text is available at the internet address: https://webdisk.io/polityka-prywatnosci.pdf. The Client, by concluding the Agreement with the Service Provider, confirms that before concluding the Agreement they familiarized themselves with the content of the Privacy Policy and understand and accept its content.

1.3. Whenever the provision of Services by the Service Provider to the Client requires the Client to entrust the Service Provider with the processing of personal data, such entrustment shall be made on the basis of a separate data processing agreement concluded between the Parties, meeting the requirements resulting from Article 28(3) of the GDPR.

CHAPTER VII. COMPLAINTS

1. In case of non-performance or improper performance of the service by the Service Provider, the Client is entitled to file a complaint. Complaints regarding services provided by the Service Provider to the Client may be submitted via:

1.1. mail to the address: ul. Baśniowa 1C/2, 05-091 Ząbki,

1.2. fax to the phone number: +48.502049866,

1.3. electronic mail to the email address: office@webdisk.io

2. The complaint should contain at least:

2.1. data enabling identification of the Client,

2.2. contact data of the Client,

2.3. identification of the service being complained about,

2.4. presentation of the reasons for filing the complaint,

2.5. the date and signature of the Client or a person authorized to represent them.

3. The Service Provider is obligated to review the complaint within 14 days from the date of its delivery and send a response to the filed complaint within that period to the contact address for mail, fax, or electronic mail indicated by the Client in the complaint. The response to the complaint requires justification by the Service Provider.

CHAPTER VIII. FINAL PROVISIONS

1. These Terms and Conditions shall enter into force on the date of their publication on the Service Provider's website.
2. Communication between the Parties shall take place in the form of electronic correspondence or by telephone. The Parties also allow other forms of communication between them, and for the purposes of communication, the following contact details are established: Service Provider: mailing address: 05-091 Ząbki, ul. Baśniowa 1C/2, email address: office@webdisk.io phone number: +48 502049866 The Client provides their contact details when placing an order for services. The contact details referred to in this paragraph are also provided by the Parties in the Service Specification.
3. The law applicable to the Agreement and the interpretation of the documents mentioned in Chapter I and point 1 of the Terms and Conditions is European law.
4. If any provision of the Agreement or the documents mentioned in Chapter I point 3 of the Terms and Conditions proves to be invalid or ineffective in light of the provisions of generally applicable law, the Agreement and the aforementioned documents shall remain binding in all other respects.
5. In the event of a dispute arising from the performance of the Agreement or the provisions of the documents mentioned in Chapter I section 3 of the Terms and Conditions, the competent court for its resolution shall be the general court competent by location according to the registered office of the Service Provider.
6. To the extent not regulated by these Terms and Conditions, the Agreement, and the documents mentioned in Chapter I section 3 of the Terms and Conditions, the provisions of the Civil Code, the Act on the provision of electronic services of July 18, 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, as amended), as well as the relevant provisions of other acts shall apply.