1. Scope of application
1.1. These General Terms of the Server Services shall apply to all the Service Contracts entered into for the use the Server Services provided by ZBS.
1.2. In addition to this, the General Terms of the Services of ZBS apply to the Server Services to the extent that these General Terms of Server Services do not provide otherwise.
2. Terms used
2.1. The terms and definitions below have the following meaning in the General Terms of the Server Services:
2.1.1. Physical Server – the server in the possession of ZBS used for the provision of the Server Service to the Client and the hardware and software belonging to it, which can be accessed by the respective authorization codes;
2.1.2. Virtual Server – limited resource of one or more Physical Servers shared with the other clients of ZBS, upon the use of which the Client can present the materials belonging to the Client. The definition “Virtual Server” also covers the limited resource of one or more Physical Servers allocated to the Client by ZBS for sending and receiving e-mails;
2.1.3. Server – Physical Server and / or Virtual Server.
3. Use of the service
3.1. The Client is entitled to use the Server for storing the Client’s applications and materials and / or presenting thereof to the public, depending on the type of the Server Service even for creating and/or using e-mail address(es), sending and receiving e-mails, likewise in any other way, which complies with the description of the Server Service;
3.2. The Client undertakes to make with sufficient frequency backup copies for himself of the files kept on the Server and keep the software installed by the Client updated in order to ensure its security.
3.3. The Client is liable for the contents of the Server allocated to the Client, undertakes to strictly comply with the ZBS Resource Usage Rules.
3.4 ZBS is entitled to issue mandatory precepts to the Client for the termination of any illegal activity relating to the use of the Server Service or activity violating the Contract Documents, incl. for removal of any illegal materials or materials contrary to good morals from the Server, likewise to remove such materials itself. ZBS shall reserve itself the right as the person holding the respective technical information to decide whether the activities of the Client are burdening, disturbing, damaging the Server or not, and thus to suspend the service to the Client in case of need by reasoning its decision to the Client.
4. Service Level Agreement
4.1 In the Agreement, the Parties admit that the ZBS guarantees the declared level of availability of the Service only within the technological boundaries of the responsibility of the ZBS’s network. The Client admits that the level of the Service provided depends on the operability of the networks, which are not under control of the ZBS.
4.2 Incident handling and maintenance
4.2.1. For the purpose of providing stable Server Service, ZBS shall maintain the Server regularly. ZBS shall notify the Client of any scheduled Server maintenance and improvement works, which may disturb the ordinary use of the Server Service, at least five (5) calendar days in advance. In urgent cases, to perform maintenance works and make configuration changes without notifying the Client in advance.
4.2.2 ZBS shall repair any Server failures within a reasonable time, but not later than within three (3) working days.
4.2.3. ZBS performs periodic maintenance, as well as software and hardware updates, within the period from 1 AM to 6 AM, and this maintenance may include interruptions of up to 30 minutes to the Client’s Server Services. On routine maintenance, the client is notified at least 72 hours by means of the ZBS.Control system.
4.3 Service Availability Indicators
4.3.1 Availability of the Service is an indicator characterizing the guaranteed time of uninterrupted service provision. The availability of the service is expressed in percentage of the nominal mode of the Service availability. Periods of the scheduled routine and urgent operations are not taken into account and consideration.
4.3.2 The ZBS guarantees the availability and the ability to receive and send IP packets during 99.98% of the time in each accounting period (quarter).
4.3.3 The ZBS guarantees power supply for the service provision to the Client during at least 99.98% of the time in each accounting period (quarter).
4.4 Compensation of services unavailability
4.4.1 In order to receive compensation, the Client should send an official query for an incident through the ZBS.Control, and to indicate the period of the service unavailability, as well as to indicate its desire to receive compensation, within 5 (five) days after the end of the accounting period, during which the events that give the Client grounds for demanding compensation occurred. The query will be considered within 15 (fifteen) working days from the day it was received. The ZBS analyzes the Client query for an incident, on the basis of the log files of the Client’s equipment. Compensation of the cost of improperly provided services is provided by extension of the service provision period for the above-mentioned period of compensation, in monetary terms the services cost is not compensated.
4.4.2 In case if the Client receives Services with an availability level of less than 99.98%, the Client has the right to demand from the ZBS, and the ZBS is obliged to provide the Client with compensation in the form of an extension of the services provision period, which is determined as follows: for 1 day for each hour of downtime, but not more than 30 days in total.
4.5 The guarantees and compensations stated above are not provided in case if the unavailability of the service was directly or indirectly caused by:
4.5.1 causes which are beyond the reasonable control of the CONTRACTOR, including but not limited: changes in regulations, wars, armed conflicts, terrorism, fire, floods, epidemics, unavailability or disruption of telecommunications networks and third-party equipment, transport disruptions , network attacks or unauthorized access, failures of the software developed by third parties, inability to receive consumables, electricity and other resources necessary to ensure the availability of the service;
4.5.2 liquidation of emergency situations caused by force majeure circumstances;
4.5.3 actions of the Client himself or its authorized persons, including the use by the Client of its software;
4.6 Subject to the provisions set forth in this Agreement, all other obligations not expressly established in the Services Contract and additional agreements or existing laws do not increase the obligations and guarantees of the CONTRACTOR.
5. Suspension of the server service
5.1. ZBS is entitled to immediately suspend the provision of the Server Service to the Client if:
5.1.1. the software, scripts, or other applications used by the Client cause failures on/of the Server, cause overloads, or hinder ZBS in any other way upon provision of the services;
5.1.2. Internet attacks are aimed at the Client (incl. denial-of-service attacks, i.e. DoS and DDoS attacks);
5.1.3. The Client does not comply with the precept of ZBS referred to in clause 3.3 .
5.1.4 The balance of funds in ZBS.Control is not sufficient to automatically renew the service, or the automatic renewal function is disabled.
6 Removal of the server and cleaning of the data stored on it occurs in the following cases:
6.1 Actual server deletion via ZBS.Control interface;
6.2 After 30 calendar days after deactivation of the Service
7. Liability of parties
7.1. ZBS shall not be liable for any loss caused by:
7.1.1. Failures caused by any software used by the Client on the Server;
7.1.2. Acts or omissions of the Client upon administration of the Server, incl. the contents of the materials kept and published by the Client on the Server, or e-mails sent by the Client or under the addresses belonging to the Client in the course of using the Server Service;
7.1.3. Potential interruptions, Internet attacks (incl. denial-of-service attacks, i.e. DoS and DdoS attacks) arising from any load and / or failures caused by third persons to the Server;
7.1.4. Spread of viruses.
7.2. The Client shall indemnify for any loss, which arose in connection with any damage to the Server caused by the software or application used by the Client, or hindering the operation of ZBS thereby in any other illegal manner, provided ZBS has previously warned against such activity. In case the activity of the Client upon damaging the Server is intentional, the Client shall be liable regardless of any warning by ZBS.
8. Expiry of the contract
8.1. ZBS shall send a message to the Client 30 days prior to the expiry of the term of the Service Contract specifying the opportunity to extend it. Upon expiry of the Service Contract, ZBS shall preserve the account name and the materials of the Client there for 30 days, allowing the Client to make a copy thereof.