NetiServer – NetiServer OÜ, Estonian company, Commercial Register code 11716090, legal address: Metsa 22-18, Riisipere, Nissi Rural Municipality, Harju County, 76202;
Party – the Client or NetiServer;
Parties – Client and NetiServer together;
Physical Server – The server that is implemented for the provision of the Service to the Client, which is in the possession of NetiServer, which the Client has access to via the authorization codes provided by NetiServer.
Virtual server – A limited resource of the Physical Server administered by the Client, which the Client can use to present the HTML applications that belong to it, and also the PHP- or CGI-scripts and MySQL database for presenting the applications that belong to it. The definition also includes the limited resources of the Physical Server that are assigned to the Client for sending and receiving emails.
Service – The Virtual Server provided by NetiServer to the Client for the management of the registered domain provided in accordance with the package chosen by the Client.
Contract – The agreement concluded under these agreed upon conditions between the Client and NetiServer for the provision of the Service;
The Client and NetiServer hereby agree on the provision of the Service by NetiServer under the conditions set out in this Contract.
The objective of the Contract is to regulate the legal relations between NetiServer and the Client, which are the basis for, and arise from, the provision of services provided by NetiServer to the Client.
The Client represents that:
NetiServer represents that:
The Contract is deemed to be concluded, when the Client has filled out the application form on the NetiServer website, and clicked on the “Order” icon (i.e. transmitted the order to the NetiServer server) and NetiServer has accepted the application by sending the Client notification of the acceptance, as well as the necessary authorization codes.
The Contract will enter into force upon being concluded.
NetiServer will respond to the Client’s application (when the Contract will presumably enter into force) without any unreasonable delay and no later than:
If the Client wants a domain name, which has previously been registered in its name, to be linked to the Virtual Server, additional time may be needed in connection with doing the work that is required for providing an answer to the Client, and the Client will be notified about this.
NetiServer has the right to reject the Client’s application, by notifying the Client. NetiServer reserves the right to refuse to enter into a Contract if the Client is in debt to NetiServer or to third parties, is or has been in breach of NetiServer’s or third-party service conditions and best practices for the Internet, or any other action deemed to be a good reason by NetiServer.
The Client has the right to withdraw from the Contract within 14 calendar days of the date that the Contract was concluded.
In order to withdraw from the Contract, the Client will make notification of its withdrawal to NetiServer in a format that can be reproduced in writing.
NetiServer will provide the Service to the Client in accordance with the terms of the Contract agreed upon by the Parties. NetiServer has the right to change the Service (including the software solutions used to provide the Service) by notifying the Client at least 7 calendar days in advance. In urgent cases (problems of security etc.), NetiServer has the right to make changes without notifying the Client. If the modified Service does not satisfy the Client, it has the right to cancel the Contract with NetiServer by notifying it according to the procedure prescribed in the Contract.
The Client is aware of the fact that, due to the nature of the Service and the nature of the services that are the precondition for using the Service, NetiServer cannot guarantee service availability at all times. NetiServer will make their best reasonable efforts to ensure that Service is available to the Client as continuously as possible.
Upon the submission of the offer to conclude a contract, the Client authorizes NetiServer to register the desired domain name in the Client’s name.
As the mandatary, NetiServer will register the desired domain in the Client’s name, if the domain is not registered with a third party. If registering the domain name requested by the Client proves to be impossible, the Contract with NetiServer will not be concluded and NetiServer’s client will lose the right to represent the Client for the purpose of registering the domain name.
If the registration of the domain name desired by the Client requires that a fee be paid, the Client will pay for the domain registration before the Contract is concluded, based on an invoice submitted by NetiServer and by the deadline shown on the invoice. Upon the invoice being issued by NetiServer for the registration of a domain name, NetiServer will undertake (give its agreement) to conclude the Contract according to the Client’s offer, unless the circumstances that are the precondition for the conclusion of the Contract have changed significantly in the period between the issuance of the invoice and the registration of the domain.
The aforementioned provisions of this chapter will not be implemented if the Client already owns a registered domain name. In this case, NetiServer is authorized to represent the Client in its relations with the distributor of the domain names, to the extent necessary for the provision of Service.
The Client undertakes to ensure that the domain name does not conflict with any applicable legislation or good morals, and does not violate any third party rights, including intellectual property rights. The Client confirms that it has read and agreed to abide by conditions established by the distributor for the registration of the domain name.
The Client understands that upon the registration of the domain name, rights and obligations related to the registration of the domain name develop between the Client and the third-party distributors of domain names. This Contract does not regulate the Client’s right to a domain name. NetiServer does not distribute domain names and cannot guarantee the continuation of the right of the Client to the domain name. The liability of NetiServer related to the registration of domain is limited to its activities as a mandatary when representing the Client.
Within the framework of the Service, the Client has the right to use the Virtual Server to present its applications and materials to the public, to create and use email addresses, and for receiving/sending emails, as well as for other purposes, based on the description of the Service.
The Client is responsible for the content on the Virtual Server it manages and has the rights and obligations related to this Contract for the administration of the Virtual Server assigned to it. NetiServer cannot guarantee that using the Service precludes the possibility of the Client violating any laws that are subject to implementation, or the rights of third parties.
The Client is obligated to immediately inform NetiServer about any problems in using the Service.
The Client can receive help related to the use of the Service through the NetiServer Internet website https://www.NetiServer.com or by sending an email to support@NetiServer.com.
If necessary, the Client can make backup copies of the files stored on the Virtual Server. NetiServer does not guarantee the preservation of the files on the Virtual Server.
The Client agrees not to use software, scripts, programs and applications on the Virtual Server that could burden, disrupt or damage the normal work of the Physical Server, and to remove them within 24 hours of NetiServer issuing a corresponding warning memo.
The Client will be liable for any indemnity claims for damage caused to the Physical Server by software or applications the Client has used, or caused by otherwise illegally hindering NetiServer’s activities, if NetiServer has previously warned the Client about such activities. If the Client has intentionally damaged the Physical Server, regardless of the warning given to it by NetiServer, it is responsible for the damages.
The Client will ensure that its activities (including the material presented on the Internet), and use of the Service does not conflict with existing legislation. This obligation includes a prohibition to dispatch spam (mass emailing)
The Client undertakes not to use email programs or applications on the Virtual Server that enable Internet users to send spam, or threatening, libellous or misleading emails to fellow citizens.
The Client undertakes not to publish materials or provide services on the Virtual Server that violate the laws of the Republic of Estonia, or other legislation and good practices, as well as the rights of third parties.
The Client undertakes to keep secret the administrative authorization codes given to it by NetiServer for the use of the Virtual Server.
If any unlawful action by the Client (including the non-fulfilment of an obligation to a third party) results in third-party claims for payment by NetiServer, the Client will reimburse the incurred damages to NetiServer.
If the Client allows a third party to use the Service, the Client will be liable for their activity to NetiServer.
NetiServer is responsible for the operation of the Physical Server and software implemented for the provision of the Service and, with this Contract, has all the rights and obligations for providing the Service.
NetiServer undertakes to ensure as stable as possible provision of the Service to the Client, including the greatest possible reliability of the Physical Server (under reasonable circumstances).
NetiServer will inform the Client at least 5 calendar days in advance of any disruptions resulting from updating the Physical Server.
NetiServer will repair any breakdowns in the Physical Server no later than three calendar days of the date when the breakdown occurs.
NetiServer will not disclose Client’s authorization codes to third parties.
NetiServer has the right to monitor whether the Client is violating any valid legislation or the terms of the Contract, including using applications that inappropriately burden the Physical Server and presenting materials on the Internet page that violate the rights of third parties.
Twenty-four hours after sending the corresponding written notice to the Client and the Client not responding, NetiServer has the right to remove the software, scripts or other applications used by the Client that are causing interference and unintended burdens on the Physical Server and are impeding the provision of the NetiServer’s Service.
NetiServer has the right to issue a mandatory injunction to the Client ordering the cessation of illegal activities related to the use of the Service, and the removal of illegal materials or those contrary to good morals from the Virtual Server, as well as to remove such materials itself if necessary, ending with the suspension of the Service or the cancellation of the Contract.
NetiServer has the right to suspend the provision of the Service to the Client, immediately and without prior notice, if software, scripts or other applications used by the Client, has led to an overload of the Physical Server due to software or hardware malfunction.
NetiServer is not liable for damages that occur in connection with:
The Client will pay NetiServer the agreed upon fee for the Service. NetiServer has the right to unilaterally amend the fees, by notifying the Client 30 days in advance. The new fees will come into effect from the time specified on the notice sent by NetiServer to the Client.
If the Client does not agree with the amendment of the price of the Service provided by NetiServer, it is entitled, in accordance with the procedure laid down in the contract, to terminate the Contract.
NetiServer will submit invoices for the Service rendered to the Client for the past calendar month, and the date of the invoice will be based on the date that the Contract was concluded. The Invoice will be submitted whether the Client has actually used the Service or not.
The Client undertakes to promptly notify NetiServer if an invoice for the provided Service is not received by the Client by the expected date or if the invoice is incorrect.
The Client will pay the invoices within 14 calendar days of the date of receiving the invoice.
NetiServer has the right to suspend the Service immediately if the Client delays payment of the invoice for more than 14 calendar days beyond the deadline.
If the payment is not made within five days of the payment deadline, NetiServer has the right to add a late penalty of 0.5% for every day of delay.
The Service is paid for in advance. Upon the termination of the Contract, the Client has the right to have the prepaid amount that covers the time after the Contract is terminated reimbursed.
Pursuant to this Contract, all notices and memoranda between the Client and NetiServer must be submitted in a format which can be reproduced in writing (letter, fax, or email), except in cases in which the communication is of a generally informative nature and does not affect the rights and obligations of either Party.
Each Party is obligated to keep the business and other secrets of the other Party confidential if they come into the possession of the other Party’s secrets through the provision of the Service, except if such disclosure is mandatory based on the law.
The above provisions will remain in force even after the termination of the Contract.
When the Contract is concluded, the information forwarded by each Party to the other will be considered to be the contact information.
Each Party undertake to inform the other of any changes to its name, location or address of residence in a format which can be reproduced in writing.
The Contract is concluded without a term. A minimum duration requirement is not being applied to the Contract.
NetiServer has the right to unilaterally amend the terms of the Contract, based on changes in legislation, judicial practice, administrative injunctions, as well as the appearance of other essential circumstances related to the provision of the Service.
NetiServer will publish its new conditions on its website https://www.NetiServer.com at least 30 days before they go into effect. The Client has the right to cancel the Contract if it disagrees with the new terms.
The Parties are entitled to cancel the Contract without stating their reasons, by giving the other Party notification of their request for termination in a format that can be reproduced in writing.
If the Contract is terminated at the Client’s initiative, the Contract will be considered to be terminated after 7 calendar days of the time when the Client sends NetiServer its request to terminate the Service.
If the Contract is terminated at the Net server’s initiative (and when there are no compelling reasons caused by the Client), notice must be given 30 days in advance.
A Party can cancel the Contract without giving advance notice if the other Party violates the Contract.
If the Client loses the right to the domain name connected to the Virtual Server, the Contract will be terminated.
Estonian law will apply to the interpretation and implementation of the Contract.
Parties will settle their disputes through negotiations. If they fail to come to an agreement, the dispute will be settled in Harju County Court.
The limitation period for claims arising from the Contract is one year.