1. Business and Operating Terms and Conditions of the Upgates Service
By using UPgates and websites on domains of the third and fourth order ("Service"), all services of EVici webdesign s.r.o. ("UPgates"), for the purpose of creating your project ("Project"), you agree to the following binding business and operating terms and conditions of the UPgates Service ("Terms and Conditions of Service").
UPgates reserves the right to update and change the Terms and Conditions of Service without notice. Each new feature that extends or enhances the current Service, including the creation of new tools and resources, shall be subject to the Terms and Conditions of Service. Further usage of the Service after a change is carried out shall be understood as acceptance of such changes. The latest version of the Terms and Conditions of Service can be viewed at any time at http://www.upgates.com/s/conditions.
2. Terms and Conditions of Account Maintenance
- The Service may use persons aged 14 years or older.
- Accounts registered by "bots" or other automated methods are not permitted. You must be a human being.
- You must register your true full name, a valid email address, and any other information required to complete the registration process.
- You are responsible for ensuring the security of your access and password to your account and the FTP disk space for the graphics of your Project. UPgates cannot be and will not be responsible for loss or damage as a result of failure to comply with this security principle.
- You are responsible for all content and activity that occurs under your account (even when content is uploaded by other persons that have user accounts under your account).
- You may not use the service for any illegal or unauthorized purpose. You may not use the service to violate any applicable laws in your country (including all copyrights, without exception).
- UPgates reserves the right to place text and a link to the Service Provider in the footer of the Project, unless otherwise specified.
- You are responsible for performing your own backups of the database. This is a simple act approximately 1 minute in duration, which should be carried out at regular intervals on the page Settings -> General -> Backup. The backup does not contain files uploaded through the File Manager. The upload of a backup back into the database is provided by UPgates for a fee according to the current price list.
3. Terms and Conditions of Payment and Refunds
- A mandatory requirement for the operation of an account in UPgates is an active bank account.
- When creating a Project for the first time, you are entitled to a 30-day free trial.
- If you want to continue using the service beyond the free trial period, you must pay at least the daily rental of the Service by the currently offered payment methods in the UPgates system. This means the obligation of having sufficient financial funds in your so-called “wallet” to cover the daily operation, including any additional services.
- The service is billed in advance for a period which is determined in the administration of the Service. Payment is non-refundable after you terminate your free trial period. We do not provide any refunds for the use of only a portion of the paid period, downgrade refunds, or refunds for not utilizing an active account and Project. In order to ensure uniform conditions for all, no exceptions are allowed.
- All fees are listed without taxes, levies, or duties imposed by the tax authorities, and it is your responsibility to pay these taxes, levies or duties pursuant to the relevant provisions of the Tax Code and other relevant tax legislation.
- For any addition (upgrade) or removal (downgrade) of service in your purchased version, you must visit the My account -> Wallet page and carry out the purchase of an upgrade. In the course of this purchase you will be informed about the price of the upgrade. After the confirmation of the purchase of the upgrade, the fee for the new service is non-refundable. In the case of a downgrade, the funds you have already deposited into the “wallet” will not be returned, but will be used for further operation of your ordered Service or ancillary services.
- A downgrade may cause the loss of certain functionality, capacity or performance of your Project. UPgates is not responsible for these losses.
4. Cancellation and Termination
- You are solely responsible for the proper cancellation of your account. An e-mail or phone request to cancel your account is not considered a cancellation. If you are a UPgates customer, you can cancel your account at any time by not replenishing the wallet in the relevant amount enough for at least daily operation. There is no need for written testimony.
- You are acquainted with the fact that if at least the daily rental of the Service or its part for the coming period is not credited in the wallet to the account of UPgates, it means the immediate suspension of the Administrative part of the Project or of the unpaid part of the Service.
- In the case of non-payment of the minimum payment within 10 days from the date of expiration of the Project, the web part of your Project or the unpaid part of the Service will be suspended. During this time the appropriate amount for minimum daily operation continues to be charged to you, while the provision of additional services is also suspended.
- The payment of theappropriate amount for the minimum daily operation deducted for 10 days from the expiration will not be required or enforced in any way when the Project is terminated after a period of 6 months after expiration.
- In the case of payment of the minimum payment for the suspended Project or a part of Service within 6 months from the date of expiration of the Project, it is possible to make the Project or part of Service operational again.
- In the case of non-payment of the minimum payment after 6 months from the date of expiration, the Project is backed up for an indefinite period. It is not possible to restore the Project during this period.
- UPgates has the right, at its sole discretion, to suspend or terminate your account or Project and refuse any present or future use of the Service or any other UPgates service in the event that the content of such a Project is contrary to good morals, against racial tolerance, against sexual tolerance, against religious tolerance or a religious persuasion, against a political persuasion and contrary to the relevant material principles of the Penal Code, or if we are prompted to do so by the competent authorities of State power. Such a termination of the Service will result in the deactivation or deletion of your account or Projects, or the access to your account, and the forfeiture and waiver of all content in your account or Projects. UPgates reserves the right to refuse the Service to anyone for any reason at any time.
- In the event that the provision of services to you is terminated within the meaning of Article 4.6 and unspent financial funds remain in your wallet, UPgates undertakes to return these financial funds to you. At the same time, UPgates shall provide you with a five-day period for downloading your content (Project) for archiving, with that this period shall start running from the date of the termination of the provision of all services, and that subsequently all the data of your content shall be irretrievably deleted.
5. Modification of the Service and Price Terms and Conditions
- UPgates is not responsible for possible accidental interruption of the provision of Services or ancillary services. UPgates further reserves the right to interrupt the provision of services for the period of time necessary for the maintenance of the servers. UPgates declares that, within its capabilities, it will try to warn about the possibility of interruption, but at the same time draws your attention to the possibility of accidental interruption without notice. For the period of demonstrable interruption of Service or ancillary services, you will not be charged for the price of these services if the defect last longer than 24 hours. UPgates undertakes to continuously modify the Services provided to ensure better functionality and to add new functions, but also allows for the possibility of the extinction of some functions, which will not lead, however, to a substantial deterioration of the Services provided or to the loss of functionality of the Services.
- The prices of all Services, including the charges for Services, can be changed only after 30 days have passed since the notification of these changes. The notification may be made at any time and must be posted on the UPgates website (http://www.upgates.com) or within the Service itself.
- UPgates assumes no responsibility to you or to any third party for any suspension or interruption of the Service in cases such as, for example, server outages or errors in the software.
6. Copyright and Content Ownership
- We do not claim any right to the intellectual property of the content that you upload into the Service. Your profile and uploaded material remain yours. However, by the fact that the content is displayed publicly, you give consent that others may view it and share it.
- UPgates and its agents have the right (but not the obligation), at their sole discretion, to refuse or remove any content that is uploaded via the Service within the meaning of Article 4.7. of the Terms and Conditions of Service.
- Along with the offered services, UPgates provides you with a non-exclusive license, which is also non-transferable, and protected by the generally binding regulations governing the protection of intellectual property rights. The license is granted for the period that UPgates provides its services to you.
- When ordering, only the data necessary for completing the order (name, address and contact) are required. The provided data will be used to fulfill the legal obligations, obligations stated in the contract and in these terms and conditions, such as the completing of the order or the handling of complaints, etc. Personal data are also processed through an electronic database necessary for proceeding and closely related fulfillment obligations of the provider and the implementation of the contract, as well as, through third parties - processors of personal data responsible for their conduct.
- Data are only available to the Provider, to the third parties are only provided with the exceptions listed in this Article 7 of the Terms and conditions, except for situations related to distribution or payment, accounting and other legal obligations of the Provider. No other person will be provided.
- The user, by providing such personal data, agrees that these details have been used by the provider to offer their products.
- By binding confirmation of the order, the user agrees to use his personal data in the above mentioned range.
- The User and the Provider undertake to treat each other confidentially with all materials and information that is expressly identified as confidential, the confidentiality of which is legally enforceable or is not identifiable for a third party.
- Services provided by company Evici webdesign s.r.o. are used to improve service quality, personalize the offer, collect anonymous data, and for so-called "cookies" for analytical purposes. By using the site, you agree to use this technology.
8. General Provisions
- UPgates is responsible for the damage caused by a breach of obligations in the provision of services or ancillary services, up to the amount of the price of the Service provided, including supplementary services, for one month. UPgates is not liable for defects or damages caused by defects in the delivery or its faulty outputs if they were caused by you, third parties or circumstances excluding liability (such as Force Majeure). UPgates, however, ensures operation without problems in 99% of cases for the year.
- Technical support is only available to paying account holders and is only available via the email address email@example.com, or the specified form in the administration section of the Service.
- You must not modify, adapt, or break into the Service or modify another website so as to falsely resemble the connection with the Service, UPgates, or any other UPgates service.
- You agree that you will not reproduce, duplicate, copy, sell, resell or misuse any part of this Service, use the Service or the access to the Service without the express written permission of UPgates. All codes and know-how that will be provided to you by UPgates remains the property of UPgates, which means that it cannot be treated as your private property by you and that the transfer of ownership or similar rights must not occur.
- By paying the minimum fee to UPgates, you obtain disk space in the ordered scope on the Service server and the ability to use the ordered tools of the Service to create your own content and Projects. Payment of the minimum fee does not mean the acquisition of the Service as such, including the source codes and know-how. The service is always and under all circumstances the property of UPgates, unless UPgates decides otherwise.
- Although it is not obligated to do so, UPgates may remove Projects and accounts containing the Projects that Upgates at its discretion considers unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringe the intellectual property rights or the terms and conditions of this Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any UPgates customer, employee, member or responsible person will result in the immediate cancellation of the account.
- UPgates have the right from time to time to send e-mail messages of information and offer character to project owner.
- You acknowledge that the technical processing and transmission of the Service, including your Projects, may be transmitted in an unencrypted manner and can be (a) transmitted via various networks and (b) modified in order to adapt to the technical requirements of the networks or devices utilized.
- You may not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
- Use of computer worms or viruses or any code of a destructive nature is not allowed.
- If your used bandwidth significantly exceeds the average bandwidth usage of other customers of UPgates (the exceeding level is set at the discretion of UPgates), we reserve the right to immediately deactivate your account or certain Projects or to limit the activity of your hosting for the necessary time until you ensure that your bandwidth is reduced. In the case of exceeding the average bandwidth utilization significantly, UPgates does not guarantee the proper functioning of the Services, and in such a case we recommend that you upgrade Services so that your requirements are secured.
- UPgates does not guarantee that: (i) the Service will meet your specific subjective requirements and ideas, (ii) the Service will be operated without any interruption, safely or error free, (iii) the results obtained from the use of this Service will be absolutely accurate and reliable, (iv) the quality of all the products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. The Service operated by UPgates is provided to all of our clients, and we cannot individually adapt the Service to subjective wishes and requirements.
- You acknowledge that UPgates is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including any damages resulting from loss of profits, goodwill, use, data or other intangible losses (even if UPgates was advised of the possibility of the arising of such damages) resulting from: (i) the use of or the inability to use the Service, (ii) the acquisition cost of substitute goods and services resulting from the goods, data, information or services purchased or obtained or messages received or transactions entered into through the Service, (iii) unauthorized access to, or interfering with your processes or data, and (iv) statements or positions of third parties regarding the Service. UPgates is willing to compensate any damage arising in this way up to the amount of one monthly flat rate, which is deposited in your wallet.
- The failure of UPgates in the application or enforcement of a right or provision of the Terms and Conditions of Service does not constitute a waiver of such a right or provision. The Terms and Conditions of Service constitute the complete agreement between you and UPgates, and determine the manner of usage of the Service, superseding any prior agreements between you and UPgates (including any previous versions of the Terms and Conditions of Service).
- Questions about the Terms and Conditions of Service should be sent to the technical support email address firstname.lastname@example.org.
These Business Terms and Conditions are valid and effective as of 12 May 2019.