Server rent term and conditions
1.TERMS AND DEFINITIONS
1.1 Redfox Cloud - Service provider - Redfox Cloud UAB, company code 305419496, VAT payer code LT100013740613, registered office address Rygos st. 46, R55, LT-05272 Vilnius, Lithuania.
1.2 Customer - a natural or legal person who orders and uses Redfox Cloud Services. A natural person who orders and uses the Services for purposes unrelated to his business, trade, craft or profession (purposes of use) may also be referred to as a "Customer-user" in these General Terms and Conditions.
1.3 Parties – Redfox Cloud and the Customer. Each of them is individually referred to as a "Party".
1.4 Services - Internet (web) services provided by Redfox Cloud to Customers, such as domain registration and administration, website hosting (hosting, shared hosting, web hosting), SSL (secure sockets layer) certificate supply, VPS (Virtual Private Server) ) server provisioning, KVM VPS server provisioning, Dedicated servers, Game servers for the Minecraft game and other similar and/or related services and solutions. Detailed information about the services provided by Redfox Cloud is available on the website.
1.5 General terms and conditions – These general terms and conditions of service provision of UAB "Redfox Cloud", which determine the basic terms and conditions of service provision and use, the procedure, the rights and obligations of the Parties. They are published on the website.
1.6 Special conditions - Service provision plans, parameters and Service provision pricing conditions, which, together with the General Terms and Conditions, constitute the Agreement. Service provision parameters and pricing are published on the website. The Special Terms are also information related to the Services that is available on the Website or in the Customer Control Panel account.
1.7 Agreement - An agreement for the provision of Services concluded between the Customer and Redfox Cloud in accordance with the procedure set out in these General Terms and Conditions, consisting of General Terms and Conditions, Special Terms and Conditions, and according to which the Parties assume certain obligations towards each other in relation to ordering, providing and receiving Services and using them .
1.8 Website – a website administered by Redfox Cloud, accessible at https://redfoxcloud.com/, where the Customer has the opportunity to submit and coordinate orders for Services, and pay for the services he wishes to purchase.
1.9 Customer system - Customer self-service space located at https://www.redfoxcloud.com/dashboard, using which Customers have the opportunity to submit and coordinate orders for Services, manage Services, receive, pay bills for Services provided, receive and exchange information with Redfox Cloud.
1.10 Account - the Customer's account, located in the Customer system, which the Customer can create by filling out the registration form and by using which the Customer can enter the Customer system and use it.
1.11 Privacy policy - Redfox Cloud's privacy policy, published on the website at https://www.redfoxcloud.com/lt/privacy-policy
1.12 Service reservation costs are costs incurred by Redfox Cloud for reserving Service resources, such as server space, as well as costs incurred by Redfox Cloud related to staff time costs, services provided by other service providers to Redfox Cloud, such as domain registration, and which experienced Redfox Cloud has no way to recover. After the Customer concludes the Agreement for a fixed term of the Service and in case of each subsequent extension of the term of the Service, the cost of the reservation service is included in the Service fee. The amount of the Service Fee set for the term of the Service covers and compensates Redfox Cloud for the aforementioned expenses.
2.GENERAL PROVISIONS
2.1 The General Terms and Conditions are a legally binding document for the Parties. Every Customer must comply with them, regardless of whether he has registered in the Customer system and has an Account in it. You can order and use the Services only after familiarizing yourself with the General Terms and Conditions and agreeing to comply with them. If the Customer does not agree to the General Terms and Conditions (or part of them), he cannot order and use the Services and register and use the Customer System. The General Terms and Conditions do not change or cancel the rights guaranteed by legal acts to the Clients-users and the obligations of Redfox Cloud towards the Clients-users established by the legal acts.
2.2 Redfox Cloud can change both the General Conditions and the Special Conditions if the Service or the specifics of their provision change, the Redfox Cloud business or Service provision model changes (for example, operating conditions, territory, pricing), as well as if the General Conditions or Special Conditions changes are necessary due to changes in legal acts or instructions of state institutions.
2.3 Customers are informed about the changed General Terms and Conditions by e-mail. by mail or in the Customer system. The amended General Terms and Conditions enter into force after their publication on the website and apply only to the ordering of Services, use of the Services and their provision made after the amendment of the General Terms and Conditions. If the Customer does not agree with the changes to the General Terms and Conditions, he can no longer order the Services or extend the term of using the ordered Services. If the Customer orders the Services or extends the term of using the Services after the publication of the changes to the General Terms and Conditions, it is considered that he fully and without exception agrees with the changes to the General Terms and Conditions.
2.4 Redfox Cloud is not responsible and assumes no risk if the Customer has not familiarized himself with the General Conditions and/or Special Conditions. Considering the fact that the Customer was given such an opportunity to get acquainted, Redfox Cloud is considered to have properly fulfilled its information obligations.
3.CONTRACT AND ITS SUBJECT
3.1 In order to conclude the Agreement, the Customer must submit the Service order to the Redfox Cloud company together with all the information provided during registration. Read and agree to the General Terms and Conditions, as well as the Special Terms and Conditions and to pay for the Services in accordance with the procedure established in the General Terms and Conditions. The contract is considered concluded and comes into force from the moment when the Customer performs all the actions specified in this clause.
3.2 Redfox Cloud undertakes by itself and/or with the help of subcontractors to provide the Customer with quality Services in accordance with these General Terms and Conditions and the corresponding Special Terms and Conditions, and the Customer undertakes to accept the Services provided and use them in accordance with the provisions of these General Terms and Conditions and Special Terms and Conditions, as well as to pay the price of the Services agreed upon by Redfox Cloud.
4.ORDERING SERVICES AND EXTENSION OF THE SERVICE PROVISION TERM
4.1 The Customer can order the Services on the website and/or in the Customer system by filling out the order form and/or submitting the information required for ordering the Service. The successful submission of the order is confirmed by notifications sent by e-mail. by mail, when the Customer pays the invoice for services presented to him in the Redfox Cloud Customer system. Then it is considered that the contract is concluded and Redfox Cloud starts executing the service order.
4.2 The Customer can also order the Services by submitting a request by e-mail. by e-mail [email protected] and providing all the necessary Information for the provision of the Service. In this way, the Agreement is considered concluded when Redfox Cloud sends an invoice and the Customer successfully pays it. Then it is considered that the contract between the Customer and Redfox Cloud is concluded and Redfox Cloud starts executing the service order and/or service provision.
4.3 In order for the order to be executed, the Customer must pay the invoice presented to Redfox Cloud within the deadline specified in it. If the Customer does not pay the invoice on time or after the specified deadline, the order is canceled, unless Redfox Cloud gives the Customer the opportunity to pay for the Services later by extending the payment deadline. Redfox Cloud does not start processing the order until the Customer has paid for the Services.
4.4 After placing the order, the Customer can correct and/or cancel it (Special conditions apply to the cancellation of some services, see point 8 for more details) only after registering and connecting to the Customer system. In the Customer system, the Customer can also manage the ordered Services. Without registering in the Customer system, the Customer cannot adjust or cancel the order, however, he can submit a new order. Only the order paid for by the Customer will be executed.
4.5 The parties agree that no later than 7 (seven) days before the end of the term of provision of the ordered service, Redfox Cloud e-mail informs by mail that the validity of the service is coming to an end, therefore, in order to extend the services, the Client must pay for the extension of the services in the Client system, no later than the expiry of the service (Special conditions apply to dedicated servers, during which the client must pay at least 1 (one) day before the server's validity end in order to extend the service. After doing this late, renewal is not possible for the Customer personally, so Redfox Cloud will do it manually if the customer has a sufficient amount in the balance of the Customer's system and the Customer informs about this separately by e-mail [email protected] or other Redfox Cloud acceptable channels). After the customer pays the invoice, the Service is extended for this term.
5.CUSTOMER SYSTEM, REGISTRATION AND ORDER INFORMATION
5.1 The Customer undertakes to provide Redfox Cloud with correct, accurate and complete registration information for the Customer system and Service order information. If the Customer provides incorrect, incomplete or inaccurate data, it may be impossible to register in the Customer system and/or order Services. Also in this case, Redfox Cloud acquires the right to cancel the already created Account, limit or suspend its use and/or not to accept the order for the Service.
5.2 After the customer submits and completes all the information required for registration, he is registered and an Account is created for him in the Customer system.
5.3 If Redfox Cloud has doubts about the Customer's identity, after activating the account for the Customer and/or providing all account functionalities, Redfox Cloud reserves the right to require the Customer to provide additional information and/or documents confirming the Customer's identity or other relevant circumstances. Successful registration of the Client is confirmed by notifications sent by e-mail. by post If the conditions and requirements specified during registration are not met, for example, if the requested information is not provided, the operation of the Account may be restricted or suspended.
5.4 An account in the Customer system is created personally for the Customer and he cannot transfer it or otherwise grant the right to use it to third parties, except in cases where the Customer, using the functionalities available in the Customer system, grants access and/or usage rights to other users related to the Customer (employees, representatives, etc.) .). Such users act on behalf of the Customer and the Customer assumes full responsibility for the actions performed by such users in the Customer's system and the obligations they undertake.
5.5 In the event that the Customer's account was accessed due to an insecure password created by the Customer (Except for cases where this data was leaked due to security holes on the Redfox Cloud website) or other Customer data or (and) the Customer transferred this data to third parties, then the Customer is considered responsible for any damage caused to him or Redfox Cloud.
5.6 In situations where the Customer grants access to the services provided to other Redfox Cloud users using the "Additional users" function, the Customer assumes full responsibility for the actions of such users, as well as the damage suffered by the Redfox Cloud company or the services it receives.
5.7 The Customer is responsible for the accuracy, correctness and completeness of the data provided in the Account during or after the registration and/or ordering of the Services. Registering and/or ordering Services using third-party data is prohibited.
5.8 The Customer must protect his login data in such a way that it cannot be discovered by third parties, immediately notify Redfox Cloud of any changes in the information and/or data provided by the Customer by changing the information in his Account. Redfox Cloud will always consider that the data provided by the Customer is correct and complete. Redfox Cloud will not be liable for damage caused to the Client and/or third parties due to the Client specifying incorrect and/or incomplete data or not changing and supplementing the data after they have changed, except in cases where such data inaccuracies are caused by an inappropriate website and (or ) of the client's system operation.
5.9 If the Customer provides incorrect, incomplete or inaccurate data, Redfox Cloud has the right to immediately and without notice to the Customer apply all or any of the following measures: (i) cancel the Customer's Account; (ii) restrict or suspend access to the Account and/or Services; (iii) delete any Customer Data held by Redfox Cloud; (iv) not accept an order for the Services. The applied measures and the reasons for their application are informed immediately after their application has been sent to the Client's e-mail. by mail or phone.
5.10 The customer can freely change and/or supplement the registration data at any time. The Customer can cancel the Account only if he does not have active Services, therefore, in order to cancel the Account, he must first refuse and/or terminate the Agreement, and then notify Redfox Cloud by e-mail with a written request. by mail [email protected], about the desire to delete the account. After canceling the Account, the Customer loses the ability to use the Customer System. After the Customer cancels the Account, Redfox Cloud, taking into account the requirements of legal acts, may continue to store certain Account data in accordance with the procedure and terms set out in the Privacy Policy.
5.11 Redfox Cloud has the right to create and develop the Customer system and/or Services, change their functionalities and features as it deems appropriate. If the changes are substantial, Redfox Cloud informs the Clients about it in the Client system and/or on the website or by e-mail. mail notification.
5.12 Redfox Cloud does not provide any guarantees regarding the quality of the Customer's system, uninterrupted operation, absence of interruptions or errors, and is not responsible for temporary and/or permanent non-operation and/or improper operation, temporary unavailability if this occurred for objective reasons, loss of Customer data or damage, if it occurred through no fault or gross negligence of Redfox Cloud, storage of information and data transferred to the server by the Client using the Client System, after termination of use of the Client System. However, Redfox Cloud is in all cases responsible for fulfilling paid orders for the Services.5.13 Redfox Cloud has the right to suspend the operation of the Customer's system for a necessary and reasonable period, if it is necessary for the installation, replacement or maintenance of new functionalities. Redfox Cloud also has the right to suspend the operation of the Customer's system due to a data security risk or if required by law or administrative act.
5.14 The Customer System may not be used for any illegal or incompatible purpose. Redfox Cloud may, at its sole discretion, terminate or suspend the Client's access to all or part of the services and functionalities offered in the Client's system, if it has reasonable suspicions about the misuse of the Client's system or if the Client complicates or uses the Client's system in violation of these General Terms and Conditions, in force the requirements of laws or other legal acts in a way that threatens the functioning and availability of the Customer's system to other Customers.
5.15 When performing any improvements, changes and elimination of deficiencies in the Customer's system, Redfox Cloud ensures that the quality of the Services provided to the Customer will not be affected as a result and other obligations related to the Agreement will be fulfilled.
5.16 When ordering Services and/or registering in the Customer system, the Customer may be asked to express consent and/or disagreement regarding the processing of personal data, profiling, for the purposes of sending informational and/or advertising messages. The customer can manage his consents in the Customer system. More information about personal data processing is provided in the Privacy Policy.
6.PROVISION OF SERVICES AND OBLIGATIONS OF THE PARTIES
6.1 The parameters for the provision of specific Services are indicated in the Special Conditions.
6.2 Redfox Cloud undertakes:
6.2.1 Provide the Customer with the Services ordered by him in compliance with the Service quality parameters;
6.2.2 Ensure that the server rental service will be available for 99.98 (ninety-nine and ninety-eight hundredths)% of the time (from the first day to the last day) of any calendar month (the "Service Level"), excluding the unavailability of the service due to scheduled maintenance, emergency maintenance or force majeure event. The Service Level will not apply (and therefore no Service compensation will apply) if the Service Level is disrupted because: (i) Customer conducts testing of the Services outside of good practice, gross negligence or Redfox Cloud's recommendations; (ii) Customer does not follow specific instructions provided by Redfox Cloud; (iii) The Customer does not comply with any obligations assumed by the Agreement, rules set forth in the General Terms and Conditions or parameters and conditions specified in the Special Terms and Conditions;
6.2.3 To compensate the Client for each hour of the Service level not reached 10 (ten) % 6.2.2. of the monthly fee for the Services specified in the Agreement, but in total no more than 100% of the monthly fee for the Services specified in the Agreement, or to provide the Services free of charge for the relevant period when the Service level was not reached;
6.2.4 Not later than within 3 (three) working days from the conclusion of the Agreement, grant the Customer the right to use the Service for the paid period, except for cases where the provision of Services depends on the implementation of additional conditions, as specified in 6.2.6. and 6.2.7. in points;
6.2.5 Not later than 7 (seven) days before the end of the term of providing the Service, send the e-mail specified to the Customer. e-mail reminder about the expiration of the Services;
6.2.6 By providing the Dedicated Server rental service, no later than within 3 (three) working days from the conclusion of the Agreement and receiving the necessary data from the Customer, Redfox Cloud undertakes to provide the Services, except for cases where the Customer is separately informed in writing that the provision of the Dedicated Server Rental service will last longer due to unforeseen reasons;
6.2.7 When providing the domain registration service, no later than within 3 (three) working days from the conclusion of the Agreement, submit an electronic application to the registry on behalf of the Client for domain registration, transfer or extension of validity for an agreed period;
6.2.8 In the event that the Service cannot be provided (for example, if the registry refuses to register the domain), inform the Customer about this and return to the Customer all the amounts paid by him for the Services;
6.2.9 Take the necessary measures to ensure the security of Redfox Cloud hardware and software, Customer data;
6.2.10 Immediately by phone or e-mail. to inform the Customer by mail about issues related to the provision of the Service, for example, if Redfox Cloud believes or has reason to believe that there may be a threat to the security of the Customer's website and/or data, if the data storage limit is approaching, the term of the Service provision expires, etc.
6.3 The customer undertakes to:
6.3.1 Provide the correct identification and contact information of the Client and timely inform about its changes. Upon Redfox Cloud's request, provide documents confirming the authenticity of the specified information;
6.3.2 Comply with the Terms of Service, pay for the Services, use the Services according to their purpose, technical and quality parameters, follow Redfox Cloud's instructions necessary for the proper provision of the Services and the execution of the Agreement;
6.3.3 Not to directly or indirectly use the Services for unauthorized activities, as well as in violation of the valid legal acts of the Republic of Lithuania, Redfox Cloud and/or the rights of third parties;
6.3.4 Pay for the ordered Services on time;
6.3.5 Do not arbitrarily change and/or modify the Services or their technical parameters, if such a possibility is not foreseen or established in the case of the provision of specific Services;
6.3.6 Not to use the Services for illegal purposes, including but not limited to bulk email. sending mail, harming the operation or security of computer systems, networks, as well as violating the valid legal acts of the Republic of Lithuania and/or other countries, the rights of the Operator and third parties;
6.3.7 Immediately inform Redfox Cloud about service provision disruptions;
6.3.8 Store login and other data, ensure the security of the software code of hosted websites, update the used software and plug-ins in a timely manner;
6.3.9 To carry out Redfox Cloud's requests and instructions related to ensuring the proper provision of Services and security, as well as to make maximum efforts and cooperate in solving issues related to the provision of Services and eliminating disturbances in the provision of Services;
6.4 Redfox Cloud has the right to use third parties (subcontractors) to fulfill obligations under the Agreement without the Client's consent. The exercise of this right is not considered a transfer of rights or obligations.
6.5 Redfox Cloud has the right to immediately, without prior warning, suspend, disable and/or terminate the provision of Services to the Client, if due to the Client's actions and/or inaction: (i) there is a threat to the provision of Services, quality, security, integrity, reliability; (ii) damage to Redfox Cloud and/or third parties, their reputation; (iii) The Services are used illegally, for purposes incompatible with democratic values and/or good morals; (iv) The Client and/or his representatives communicate in a tactless, offensive or disrespectful manner, preventing other Service recipients from using the Services. In such cases, at Redfox Cloud's decision, the provision of Services may be suspended temporarily until the violations are eliminated or the provision of Services may be completely terminated.
6.6 Redfox Cloud also has the right, after notifying the Customer 1 (one) business day in advance, to temporarily suspend the provision of Services, if this is necessary for the installation, updating, replacement, migration or maintenance of new Service functionalities.
6.7 In order to ensure the security of the Services and/or the security of the Customer's website, Redfox Cloud has the right to suspend the provision of the Service without prior notice if the Customer's website is at risk of security, for example, a DDoS attack (Distributed Denial of Service) is directed at the Customer's website, or The customer's mail traffic causes disruptions on the Redfox Cloud technical platform. After suspending the provision of Services, Redfox Cloud informs the Customer about the reasons for the suspension and the expected renewal of the provision of Services.
7.PAYMENT FOR SERVICES
7.1 Customers' use of the Services is usually paid. In certain cases, Redfox Cloud may offer a free trial of its Services. In such a case, the Client is separately informed about the conditions of provision of such Services.
7.2 The specific amounts of fees for the Services are part of the Special Conditions and are indicated on the website and/or in the Customer system after selecting a specific Service. When ordering Services, the fees for the Services valid at the time of placing the order are applied.
7.3 The fee for the Services is specified in the prepayment invoice prepared for the Customer. The fee for the Services includes the fees payable for the reservation of the Service, including the value added tax (VAT), if it is applicable according to the applicable legislation.
7.4 The Customer must pay the fee to Redfox Cloud no later than the deadline specified in the advance invoice for payment. The methods of payment for the Services are specified in the advance invoice provided to the Client.
7.5 If the Parties do not agree otherwise in writing, the invoice for payment of the Services is issued to the Client in advance for the fixed period of use of the Services specified in the Special Conditions and (or) at the time of placing the order. This deadline and the Service fee set for it are determined by evaluating the costs of reserving the Service, so if the Customer terminates the Agreement or stops using the Services before this deadline has passed, the paid funds will not be refunded to the Customer, except in the instance indicated in clause 8.1 of these General Terms and Conditions.
7.6 Invoices are sent to Customers at the time of order submission and/or by e-mail provided in the Customer's system. postal address. Invoices are also available in the Customer system.
7.7 From the first year of the domain's validity, the period necessary for coordinating the domain's extension with the registry is deducted. This period depends on the conditions applicable to the registration of a particular domain and may be of different duration.
7.8 Redfox Cloud may change the amounts of fees for the Services after notifying the Customer no later than 30 (thirty) days in advance. The changes do not affect taxes for periods that began before the effective date of the change. In the case of a change in the amount of the fee, the Customer has the right to terminate the Agreement with Redfox Cloud from the date of the change in the amount of the fee and its entry into force by notifying the contacts specified on the website of Redfox Cloud, refusing the Services in the Customer system or not paying the bill for the Services whose fee amount has been changed.
7.9 If the Client does not pay for the Services on time, he may be charged a late payment administration fee in the amount specified in the Special Conditions. Redfox Cloud reserves the right to suspend such Customer's ability to use the Services for a period of delay or to terminate the provision of the Services altogether if the Customer does not pay on time for the first time. Redfox Cloud has the right to apply an additional fee for the restoration of a suspended or terminated Service.
7.10 If Redfox Cloud limits, suspends or terminates the provision of Services due to the Client's violation of the provisions of these General Terms and/or Special Terms, the fee for the Services that have not been used will not be refunded. Also, it is not returned to the Client and is not compensated in other ways, for example, by extension of the Services. Redfox Cloud does not accept or compensate any direct or indirect losses incurred by the Customer as a result of such restriction, suspension or termination.
7.11 By agreeing to the General Terms and Conditions, the Customer expressly agrees to receive electronic invoices. Electronic invoices are issued and received in any electronic format, including e-mail. a link to the account placed in the Redfox Cloud system provided by the letter.
8.REFUSAL, TERMINATION AND REFUND OF SERVICE AGREEMENT
8.1 The Customer, in any case, has the right, without giving a reason, to cancel the Service Agreement concluded remotely with Redfox Cloud within 30 (thirty) days from the conclusion of the Service Agreement and to recover the money paid for the Services.
8.2 The right to withdraw from the service contract and to recover money does not apply to service contracts under which the services to the customer were started or were fully provided and which provide for the customer's obligation to pay the price of the services. Such Services include domain registration and Dedicated Server services, which are other services that Redfox Cloud can use partners to provide these services. By confirming his acceptance of these General Terms and Conditions, the Customer understands and expressly confirms that he has no right to withdraw from the Service Agreement when Redfox Cloud fully fulfills the Service Agreement and/or provides specific Services.
8.3 For the customer 8.1. upon cancellation of the Service Agreement in accordance with the procedure set forth in paragraph 1, all money paid for the Services will be returned. Redfox Cloud returns all money paid by the Client-user for the Services no later than within 30 (thirty) days from the date of receipt of the notice of cancellation of the Service Agreement.
8.4 Money is returned to the Customer-user in the same way as he paid for the Services.
8.5 The paid installments are returned to the Customer only if the Agreement is terminated by the Customer's initiative no later than within 30 (thirty) calendar days from the moment of its entry into force. In the event that the Customer terminates the Agreement after the expiration of this term, the funds paid by the Customer as a Service fee are not refunded and are considered as compensation to Redfox Cloud for the costs of reserving the Service.
8.6 Redfox Cloud has the right to terminate the Agreement at its own discretion and/or to suspend or terminate the provision of Services if the Customer violates the provisions of these General Terms and Conditions, assumed obligations, as well as in other cases specified in the General Terms and Conditions.
8.7 Before terminating the Agreement and/or suspending or terminating the provision of Services, Redfox Cloud warns the Customer in advance (except for the cases provided for in these General Terms and Conditions) about the violation committed by him and the fact that if the violation is not corrected and/or terminated within the deadline set by Redfox Cloud, the Agreement will be terminated or the provision of the Service will be suspended and/or terminated.
8.8 Upon termination of the Agreement and/or the provision of Services in accordance with the procedure set forth in these General Terms and Conditions, Redfox Cloud does not guarantee the continued storage of the Customer's data and the ability for the Customer to transfer data from Redfox Cloud to other servers, storages and/or environments.
9.INTELLECTUAL PROPERTY
9.1 All intellectual property rights to the Services, the Website, the Customer System, the data stored therein, names, logos, Service names, descriptions, trademarks, software, designs, as well as all updates, changes, improvements, additions, corrections and new versions and other proprietary attributes, including all intellectual property rights assigned to them, belong to Redfox Cloud and these rights are not transferred or assigned to the Customer. All rights in the Services and Redfox Cloud Works are reserved. No Redfox Cloud content or other information may be reproduced, publicly posted or distributed without the prior written consent of Redfox Cloud.
9.2 The Customer grants Redfox Cloud the right to use the Customer's name and logo in the Internet vision customer lists, website, advertising, and commercial offers free of charge, for an unlimited period of time, in an unlimited territory. The customer can object to such use of his data at any time.
9.3 The Customer does not have the right to make any changes, modifications, reverse engineering or any other actions to the Website, Customer system or specific software code or other components of the Services, which may affect the operation or integrity of the Website, Customer system, Services.
10.PERSONAL DATA
Personal data related to the provision of Services are managed by Internet Visions as specified in the Privacy Policy, which the Client must familiarize himself with. The website also publishes the Data Management Agreement for cases where Redfox Cloud acts as a processor of personal data controlled by the Customer. A separate personal data processing agreement is not concluded between the Parties.
11.RESPONSIBILITY OF THE PARTIES
11.1 If the illegal actions of the Party caused damage to the other Party, the guilty Party undertakes to compensate the direct losses of the other Party, except when legal acts oblige the guilty Party to compensate all the losses suffered by the other Party.
11.2 Redfox Cloud is not responsible for any consequences to the Customer if the Agreement is terminated and/or the provision of the Service to the Customer is suspended and/or terminated in accordance with the procedure set forth in these General Terms and Conditions.
11.3 Redfox Cloud is not responsible for: (i) errors and malfunctions of communication systems used by the Customer; (ii) disruptions in the use of the Services due to cyber-attacks, viruses or other actions of third parties, except when Redfox Cloud has not taken at least minimum security measures; (iii) malfunctions or loss of the device used by the Customer; (iv) malfunction of the operating system used by the Customer; (v) malfunctions of other applications; (vi) Incorrect functioning of the Services due to the Customer's failure to comply with the Terms of Use of the Services; (vii) Malfunctioning of the Services, caused by the Client's intent or gross negligence, dishonest or illegal actions, inaccurate, incorrect data provided by the Client; (viii) Content hosted by the Customer and its compliance with legislation, as Redfox Cloud does not control and has no influence on the information transmitted, received, stored (if such can be transmitted, received, stored) using the Services.
11.4 The Services are provided on an "as is" and "as available" basis. Redfox Cloud does not guarantee that access to the Services will be uninterrupted or error-free. Redfox Cloud will try to eliminate them as soon as possible in the event of disruptions in the provision of Services. Redfox Cloud shall not assume or indemnify any losses arising from malfunctions or non-operation of the Services, except where Redfox Cloud is liable for such losses under applicable law.
11.5 Redfox Cloud does not guarantee that the Customer will always be able to use the Services at the desired place and at the desired time, because the provision of Services also depends on other factors beyond the control of Redfox Cloud, for example, an unstable or non-functioning Internet connection, a broken device of the Customer or the Customer's service user, failure to provide data or the like.
11.6 The Customer is fully responsible for: (i) the content of any information that he sends, receives, and times while using the Services (including violations of the laws of the Republic of Lithuania regulating intellectual property, personal data protection, the provision of advertising services, etc.); (ii) for any damage and inconvenience caused to the Customer's end users, as well as for damage caused by end users to Redfox Cloud and (or) third parties (including legal acts of the Republic of Lithuania regulating intellectual property, protection of personal data, provision of advertising services, etc. , violations); (iii) In the event of service disruption (failure), the Customer is responsible for prompt notification of Redfox Cloud. The Customer must also take all measures to avoid damage related to the disruption of the Services or to reduce the consequences of the resulting damage.
11.7 The Parties are not responsible for non-fulfillment of their obligations if this occurred due to circumstances that the Parties could not control and reasonably foresee at the time of the conclusion of the Agreement, and could not prevent the occurrence of these circumstances or their consequences (force majeure circumstances, such as, for example, fire, actions of state authorities , the declaration of a state of emergency and/or quarantine, military action or civil unrest, an attack on electronic systems used by Redfox Cloud, including those operated by Redfox Cloud service providers, etc.). If the specified circumstances last longer than 1 (one) month, the Parties may terminate the Agreement.
12.EXCHANGE OF INFORMATION
12.1 All notifications, requests, other documents related to these General Terms and Conditions and the provision of Services are sent to the Customer to his Account and/or registration in the Customer system or to the e-mail provided when ordering the Services. postal address.
12.2 For the purposes of the execution of the contract and the provision of Services, in order to ensure the prompt resolution of problems and questions, it is agreed that e-mail communication is preferred. by mail, in order to promptly and quickly identify the client, and to have written information from the client regarding the problems that have arisen.
12.3 The Customer must immediately inform Redfox Cloud about a change in his contact data, by correcting the data in the Account or otherwise notifying Redfox Cloud. Sending messages or making calls using the last known email address of Redfox Cloud. a mailing address or telephone number is considered adequate notification.
12.4 The customer must send messages to Redfox Cloud via contact e-mail. e-mail address specified on the website.
12.5 All information that Redfox Cloud provides in the Customer's system, as well as individually by e-mail. information provided to the Customer by mail, including, but not limited to, these General Terms and Conditions, shall be deemed to have been provided to the Customer in writing.
13.FINAL PROVISIONS
13.1 The law of the Republic of Lithuania applies to the Agreement, General Conditions and Special Conditions.
13.2 Redfox Cloud may at any time assign its rights and obligations arising from the Agreement, General Terms and Conditions to third parties without the Customer's consent, but ensuring that Redfox Cloud's transfer of its rights and obligations to third parties will not impair the Customer's position and rights and obligations the volume will not change.
13.3 All disagreements between the Parties regarding the Agreement, General Terms and Conditions and Special Terms and Conditions shall be resolved through negotiations. If the parties fail to resolve the dispute through negotiations within 30 (thirty) days, the disputes shall be finally settled in the court based on the location of the headquarters of Redfox Cloud, except for cases where the laws of the Republic of Lithuania establish a different jurisdiction.
13.4 The customer-user can resolve disputes with Redfox Cloud without going to court. First of all, such a Customer must apply in writing to Redfox Cloud e-mail. email [email protected]. If Redfox Cloud does not respond to the user's claim or does not satisfy the user's claim within 14 (fourteen) days of receiving the claim, he may submit a request and/or complaint regarding Redfox Cloud's actions, inaction or dispute investigation to the State Consumer Rights Protection Service (Vilniaus st. 25, 01402 Vilnius, by phone 8 5 262 67 51, fax 8 5 279 1466, by e-mail [email protected], on the website www.vvtat.lt, for its territorial divisions in counties) or fill out the application form on the Electronic Consumer Dispute Resolution Platform, available at http ://ec.europa.eu/odr/ or to the Communications Regulatory Authority of the Republic of Lithuania at: Mortos st. 14, 03219, Vilnius, by e-mail: [email protected], through the e-citizen system: https://epilietis.lrv.lt/kreipkis-i-institucija.