1. Agreement object
The Service provider provides the Services ordered in accordance with the procedure established in the Agreement to the Service recipient, and the Service recipient undertakes to pay the Service provider the price specified in the Agreement and to comply with the Service provision conditions provided for in the Agreement. Amendments and supplements to the Service agreement, Service orders are considered an integral part of the Agreement (hereinafter – “Agreement”).
2. Rights and obligations of the Parties
2.1. The Service provider is obliged:
- 2.1.1 To provide the Service recipient with the quality of the Services specified in the Agreement, in compliance with the terms and conditions of the provision of services.
- 2.1.2 Upon the Service recipient’s request – to eliminate the Service disruptions within the terms specified in the Agreement. To eliminate malfunctions of the Services caused by the fault of the Service provider free of charge.
- 2.1.3 To notify the Service recipient by e-mail about the technical equipment maintenance works 3 working days before the start of the works, as well as to publish this information on the Service provider’s website.
- 2.1.4 To maintain the equipment rented to the Service recipient, to eliminate technical failures of the leased equipment free of charge if such occurs not through the fault of the Service recipient.
- 2.1.5 To inform the Service recipient about the change of the Service prices and the payment procedure not later than 30 calendar days in advance. Prices and payment procedures may be changed only by the agreement of the Parties.
- 2.1.6 To ensure the confidentiality of the data received from the Service recipient.
2.2. The Service provider has the right to:
- 2.2.1 If the Service recipient unreasonably refuses to sign the deed of transfer of equipment or the deed of provision of Services, to sign them unilaterally, indicate this in the deed, and send them to the Service recipient.
- 2.2.2 Suspend the provision of services in the cases and according to the procedure established in this Agreement.
- 2.2.3 To collect data on the provision of services to the Service recipient for the purposes of performance of this Agreement.
- 2.2.4 To transfer the data of the Service recipient to the debt administration information system, if the Service recipient avoids paying for the provided services.
- 2.2.5 To transfer the right of monetary claim without the consent of the Service recipient.
2.3. The Service recipient is obliged:
- 2.3.1 The Service recipient must provide the data necessary for the provision of the Services, as requested by the Service provider, in order to prepare for the provision of the Service.
- 2.3.2 To settle accounts with the Service provider for the services according to the submitted invoices in accordance with the procedure established in this Agreement; The price of the Service must be paid by the Service received from the beginning of the full implementation of the Services.
- 2.3.3 If the invoice is not received within the term stipulated in the Agreement, the Service recipient must contact the Service provider with requests to submit an invoice or download an electronic copy of the invoice by logging in to the service management system.
- 2.3.4 To manage the Services in a high-quality manner provided by the appointment of qualified staff or qualified third parties on a contractual basis.
- 2.3.5 Immediately inform the Service provider through the contacts specified in the Agreement about the disruptions of the Service provision.
- 2.3.6 Not to transfer the leased equipment or its management to third parties, including not disclosing the login data provided by the Service provider in connection with the provision of Services.
- 2.3.7 Immediately notify the Service provider of lost login names and passwords.
- 2.3.8 Take all possible measures to avoid damage caused by disruption of services and to keep it to a minimum if it is unavoidable.
- 2.3.9 Not to prevent the Service provider’s employees from entering the premises where the leased equipment is stored and for its technical maintenance.
- 2.3.10 To accept the equipment handed over by the Service provider by signing the equipment handover acceptance certificate.
- 2.3.11 To use the leased equipment in accordance with its direct purpose, observe the general safety and use conditions applicable to this type of equipment.
- 2.3.12 Not to use the data transmission network of the Service provider for illegal purposes in violation of the law of the Republic of Lithuania or other states, if the data is transmitted using communication networks located in other states or are available in that state.
- 2.3.13 To immediately remove the Service recipient’s website or its content that violates the law of the Republic of Lithuania or other countries, if the Service recipient’s data is transmitted using communication networks in other countries or is available in another country.
- 2.3.14 The Service recipient must indemnify the Service provider for losses incurred due to losses caused to third parties by the Service recipient’s illegal actions using the Service provider’s Services.
- 2.3.15 Upon the expiration or termination of the Agreement, to sign the confirmation of indebtedness of the Service recipient under this Agreement if such exists on the day of signing the Agreement.
2.4. The Recipient of the service has the right:
- 2.4.1 To receive services of the quality specified in the Agreement.
- 2.4.2 In the cases and according to the procedure specified in this Agreement, to receive compensation for disruptions in the provision of the service caused by the fault of the Service provider.
- 2.4.3 To make a claim regarding improperly installed equipment intended for the provision of the service, regarding unsatisfactory provision and maintenance of services, and to submit other complaints or remarks regarding the activities of the Service provider through the contacts indicated on the website of the Service provider.
3. Settlement For Services
- 3.1 The invoice for the Services of the current period is sent to the Service received by the 10th day of the next month. The Service recipient must pay for the Services for the current period within 30 days from the date of invoice.
- 3.2 The advance invoice is sent to the Service recipient up to 14 days before the expiration date of the Service. The Service recipient must pay it within 5 (five) days.
- 3.3 If the monthly subscription fee for the service is 3 Eur / month or less, an annual invoice is issued to the Service recipient.
- 3.4 Invoices are sent to the Service recipient by e-mail specified in the service order. At the request of the Service recipient, the Service provider issues a paper invoice for 1.5 Eur / pc. additional charge.
- 3.5 The Service recipient shall reimburse the Service provider for the costs incurred in executing the Service recipient’s request to change the service provider address.
- 3.6 The price of additional works not provided for in the order is 49 Eur / hour, the work time is calculated by counting the time from 1 to 30 minutes as 30 min, from 31 min to 1 hour as 1 hour. When additional work is performed at the premises of the Service recipient, the Service recipient pays for the time spent on the arrival of the Service provider’s employees by recording 30 minutes at the price provided for in this clause of the contract.
- 3.7 The scope of services, the amount of data, and the time of service for the respective period are calculated by the Service provider using its technical equipment.
- 3.8 For services provided after the expiration of the Period of use of the Service, the discounts that were applied when determining the Period of use of the Service shall no longer apply.
- 3.9 If the Service recipient misses the deadline for payment according to the unpaid invoice issued by the Service provider, the Service provider has the right to suspend the provision of services. The Service provider must notify the Service recipient by e-mail specified in the Agreement 3 calendar days in advance.
- 3.10 Upon suspension of the provision of the Services, the minimum period of use of the Service is extended for as long as the suspension of the services for the Service recipient lasts. Once the recipient of the service has paid the debt in full, the provision of services shall be resumed no later than within 2 working days. Renewal of the service may be subject to a one-time fee specified in the service order.
- 3.11 The Party that fails to pay the pecuniary obligation in time must pay a 0.02% interest per day from the amount overdue to the other Party of the Agreement.
- 3.12 Unless otherwise provided in the Terms of service, if the Service provider exceeds the maximum troubleshooting time, the Service fee shall be reduced by 1/30 of the monthly service fee for the delayed day.
- 3.13 The Service recipient shall reimburse the Service provider for the costs of notifications, and sending invoices to the Service recipient by registered letters if such method of sending is provided for in the Agreement.
4. Responsibility Of The Parties
- 4.1 The Service provider shall not indemnify the Service recipient for indirect losses, including lost profits, caused by the disruption of the Service.
- 4.2 The Service provider shall not be liable for the termination of the provision of the Service, as well as for the damage caused thereby if it occurred due to the fault of the Service recipient or third parties.
- 4.3 The Service provider shall not be obliged to indemnify the Service recipient for losses if they have been incurred due to illegal actions of third parties or the Service recipient, in cases of loss or lack of protection of confidentiality of provided, as well as failure to notify the Service provider in a timely manner of the need to change the Service recipient’s login or block access to the Service recipient’s account.
- 4.4 If the Service provider is at fault for the disruption due to which the provision of the Services was suspended, the Service provider shall indemnify only the direct losses of the Service recipient, not exceeding the amount of the Service price for one month.
- 4.5 The Service provider is not responsible for the transmission of malicious programs by third parties through the Service provider’s network and for the damage caused to the Service recipient by these programs.
5. Fair Use Policy
Unfair use of services includes a large number of read/write disk operations, disproportionately large use of processor resources, and overloading of the network, which may cause inconvenience to other users of the service. Unfair use is considered an activity when one Service recipient uses much more Internet or other resources than the cumulative average of all customers.
The service provider does not limit or charge extra for the use of resources if the server resources are not used disproportionately intensively and the infrastructure and other customers are not damaged.
If network bandwidth, disk IOPS, high CPU or other intensive use of the service endangers the stability of our infrastructure, the Service Provider has the right to offer to move the services to servers with dedicated resources or to limit the resources used by the Service Recipient.
5.1 Rules for virtual and dedicated server rental services:
- 5.1.1 The Service Recipient is responsible for the content of the information hosted on the virtual/dedicated server.
- 5.1.2 It is forbidden to use the services with a heavy load on the server resources and to interfere with other users of the provider’s services, to harm and otherwise influence the work of other users of the services, and the security and confidentiality of information.
- 5.1.3 It is forbidden to send unsolicited e-mails. Letters/spam, attack e-mail mailboxes (mail bombing), and engage in other similar malicious activities.
- 5.1.4 It is prohibited to carry out e-mail marketing, send newsletters, or other types of letters without a separate agreement with Bacloud’s sales department.
- 5.1.5 It is forbidden to send e-mails without setting rDNS ( PTR ) records. Failure to follow the rules blocks port 25.
- 5.1.6 The use of automatic filling of posts in forums, blogs, guestbooks, and SEO manipulation tools (XRumer, GSA, Scrapebox, Scrapejet, Senuke XCR, etc.) is prohibited.
- 5.1.7 DDoS and Botnet attacks are prohibited.
- 5.1.8 Distribution of viruses, Trojan horses, and other malicious programs is prohibited.
- 5.1.9 Mining of virtual currencies on VPS servers is prohibited.
- 5.1.10 It is prohibited to use and distribute content and intellectual property of other authors and producers, or copyright objects without their consent.
- 5.1.11 Violation of the DMCA (Digital Millennium Copyright Act) is prohibited.
- 5.1.12 Hosting and sharing P2P network content (torrent trackers, sharing, nulled script) is prohibited.
- 5.1.13 Distribution of illegal software, its serial numbers, and crack scripts is prohibited.
Due to these violations, the Service Provider has the right to suspend the customer’s services, if the customer does not respond to the warning to eliminate the mentioned violations within 24 hours or to stop the provision of services to the Service Recipient immediately if the actions of the Service Recipient are clearly illegal and may cause damage to the Service Provider or third parties.
6. Agreement Validity
- 6.1 This Agreement shall enter into force on the date of signing the Service order and shall be valid for the Period of use of the Service specified in the Service order. If neither of the Parties wishes to terminate this Agreement in writing at least 30 (thirty) calendar days before its expiry, the Agreement shall be deemed to have become indefinite.
- 6.2 If the Service recipient will refuse the Services under one of his Orders, the other ordered services remain valid.
- 6.3 Upon termination of this Agreement by the Service recipient, when the Services have been installed but not yet started to be provided to the Service recipient, the Service recipient must pay the Service provider the Service installation price provided for in the Agreement. The installation price of the Service provider’s preparatory service is 80% of the price of the installation of the service provided for in the Agreement.
- 6.4 The address of the place of supply of Services may be changed only by written agreement of both parties.
- 6.5 The Service provider has the right to unilaterally terminate the Agreement by notifying the Service recipient in writing not later than 3 (three) calendar days in advance in case of a material breach of the Agreement provided for in the Civil Code, as well as in cases where:
- 6.5.1 The provision of Services to the Service recipient is suspended after the deadline for payment for the services was missing.
- 6.5.2 The Service recipient connects to the terminal (end) equipment of the communication equipment without the consent of the Service provider, changing the scope and parameters of the services.
- 6.5.3 The Service recipient endangers the operation of the electronic communications network, its security, integrity, or restricts the access of other subscribers to the services provided by the Service provider.
- 6.6 Upon unilateral termination of this Agreement by the Service provider due to reasons specified in clause 6.5 the Service recipient is required to pay all fees for services provided, and whereas according to the Annexes of the Agreement, the Period of use of services is not expired, the Agreement will be considered terminated prior to the end of such period by the initiative of the Service recipient and the Service recipient is obliged to compensate the Service provider losses, which he incurred due to the termination of the Agreement and pay the forfeit, specified in the Agreement.
- 6.7 The Service recipient has the right to terminate this Agreement by notifying the Service provider in writing at least 30 calendar days in advance. If the Period of use of the Service provided for in the Agreement has not expired upon the termination of the Agreement, the Service recipient shall indemnify the Service provider for the losses incurred due to the termination of the Agreement, including discounts, and shall pay the penalties provided for in the Agreement.
- 6.8 The Service recipient has the right to terminate the Agreement or refuse a part of the Services if due to the fault of the Service provider it was not possible to use them for more than 2 business days from the date of receipt of the notice of the fault.
- 6.9 The Service recipient has the right to suspend the provision of the Services under this Agreement by notifying the Service provider in writing 15 days in advance without terminating the Agreement for a maximum of 60 calendar days. In the manner specified in this clause, the Service recipient has the right to suspend the provision of the Services once during the term of the Agreement. The term of service suspension is calculated by summing up all the days of service suspension initiated by the Service recipient during the validity of the Agreement. During the suspension of the services, the Period of use of the service is not recorded. If the service is provided through subcontractors, the suspension of the service is not applied.
- 6.10 Upon termination of the Agreement, the equipment belonging to the Service provider shall be transferred to the Service provider by delivering it to the Service provider’s address Pramonės str. 15, Šiauliai.
- 6.11 Transferred equipment must be in the condition in which it was handed over to the Service recipient when the service was provided, taking into account its natural wear.
- 6.12 If the transferred equipment does not match the requirements of clause 6.11 the Service recipient undertakes to indemnify the Service provider for the losses incurred as a result.
- 6.13 Without the written consent of the other Party, neither Party may transfer its rights or obligations arising from the performance of the Agreement to a third party.
7. Force Majeure
- 7.1 The Parties shall be released from liability in the event of unstoppable force ( force majeure), including but not limited to: lightning, power line accidents, fires, floods, strikes, as well as in case of intentional actions of third parties for whom the Parties are not responsible, resulting in damage to or destruction of the Service provider’s equipment, and binding decisions of state institutions.
- 7.2 A Party that is unable to perform this Agreement due to circumstances, provided for in clause 7.1 must notify the other Party in writing of these circumstances within 30 (thirty) calendar days. A Party that has not notified the occurrence of the mentioned circumstances and their impact on the performance of the Agreement shall indemnify the other Party for the losses incurred due to the non-receipt of the notification.
- 7.3 If the force majeure circumstances continue for more than 2 (two) months, the Agreement may be terminated at the initiative of one of the Parties by notifying the other Party in writing not later than 14 days in advance.
8. Final Provisions
- 8.1 The Parties undertake to keep all information received before concluding or during the performance of the Agreement confidential and not to disclose it to third parties without the consent of the other Party, except in cases provided by the laws of the Republic of Lithuania.
- 8.2 Cases, when a contracting Party is obliged to disclose confidential information on the basis of decisions of authorized state institutions in accordance with the procedure and to the extent established by legal acts, shall not be considered a breach of the obligation of confidentiality.
- 8.3 A Party that violates this confidentiality agreement agreed upon by the Parties and if it results in damage to the other Party shall indemnify the other Party.
- 8.4 A Party has the right to disclose confidential information to its employees, subcontractors, authorized representatives, auditors, and other specialists who need this information for the performance of their functions related to the activities of the Service provider.
- 8.5 Notices, messages, and other written communications relating to or arising out of or relating to this Agreement shall be sent in writing to each Party and shall be deemed to have been received:
- 8.5.1 After sending them by fax or e-mail, when the recipient acknowledges receipt of such notification.
- 8.5.2 When sending by registered mail or by courier – within 5 working days from the date of dispatch or from the moment of actual delivery, whichever is earlier.
- 8.6 The parties must notify each other of any change of address, e-mail, and legal status.
- 8.7 Requests for cancellation of the Services or a part thereof shall be sent to the Service provider through his website at the e-mail address or submitted through the Service recipient’s account. When sending a request for cancellation of the Services or a part thereof by e-mail, the Service recipient must send it from his e-mail address specified in the Service order.
- 8.8 The law of the Republic of Lithuania applies to the contract. The invalidity of one of the terms of the agreement does not invalidate the entire contract. The Parties agree to replace the repealed provision with a new one that is valid and, as far as possible, enables the Parties to achieve the same objective.
- 8.9 The parties must notify each other in writing of possible claims regarding the performance of the agreement and seek to resolve the dispute amicably within 30 days.
- 8.10 Disputes arising from this agreement shall be considered in the courts operating in Šiauliai.