Business Server Management

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General terms and conditions
of providing remote server management services

The General Agreement lays down the co-operation principles between Hostersi and the Clients and Users using the server management service. The communication channels proposed in the General Agreement shall facilitate convenient contacts between the Clients and Users and Hostersi. The Clients and Users shall become familiar with the provisions of the General Agreement to be aware how to use the services specified in the General Agreement effectively and easily. The provisions of the General Agreement are purported to make the Clients and Users aware of the overall principles governing Hostersi’ activities in rendering the server management service.

§ 1.
Definitions


General Agreement - the present terms and conditions of providing remote server management services

Hostersi - Hostersi sp. z o.o.

Hostersi Data Centre - a data centre of Hostersi sp. z o.o. located in Rybnik (Poland)

Hostersi Team - the Management Board and personnel of Hostersi sp. z o.o. and the persons acting on order of Hostersi sp. z o.o.

Services, Service - remote server management services and add-on services provided by Hostersi via the Internet from the Hostersi Data Centre at servers located anywhere in the word. A detailed description of the Services is available from admin365.eu website (Website). The Services range from, notably, remote business server management, system monitoring through data backup and quick support.

Plan - a Service package purchased by the Client

Client - an entity carrying on business operations representing a party to the General Agreement. A consumer, an individual not conducting business activity or a flat-rate farmer is not considered a Client.

User - a person managing the Services on the Client’s behalf and utilising Hostersi’ IT system linked to admin365.eu website

Website - a website maintained at admin365.eu domain

Client Area - a stand-off section of the Website available to the registered Users only

System - an IT system comprised, in particular, of Website, Client Area, algorithms and databases

Client Profile - an account kept directly for the Client including, in particular, Client ID data and the Plan purchased by the Client and other parameters of the Services purchased by the Client

User Profile - an account kept directly for the User including, in particular, User ID data enabling the User to manage Client Profiles according to the rights assigned.

User with Full Access - a User granted full access to the Client Area features and a full right to add, delete or modify the Services. The User can add or delete other Users and specify the class of rights. The User represents the Client before Hostersi, therefore, he has to be in full capacity to submit the declarations of will on the Client’s behalf to Hostersi.

User with Custom Access - a User having access to selected Client Area features only and a limited right to modify the Services. Three types of rights are available: sales rights, billing rights and technical rights.

Sales Rights - a User with such rights is entitled to purchase new Services, modify the scope of the Services and withdraw from the Services, to view an invoice history, to pay for the Services for the next period, to create and edit Sales Tickets

Billing Rights - a User with such rights is entitled to view an invoice history, to pay for the Services for the next period, to amend billing details, to modify the Billing Period, to create and edit Billing Tickets

Technical Rights - a User with such rights is entitled to be granted access to all Client data stored at the Client Servers. The User has the right to modify Server data. The User has the right to add and edit Technical Tickets. The User is also entitled, on the Client’s behalf, to request to grant Server access with full administrator rights which means the General Agreement is terminated with immediate effect.

PIN - identification No. of the User and Client on behalf of which he is acting. It is used primarily for identification in the communication channels such as e-mail, telephone, Skype, live chat. Each User has as many PINs as his related Client Profiles in the System. A PIN is displayed in the top right-hand corner of the Website after logging into and selecting the current Client.

Billing Period - a period equivalent to one month. By default, a Billing Period begins after effecting the first payment in the System and expires the following month on the day preceding the due date.

Ticket - a Service submission created in the Client Area by the User, Hostersi Team on the User’s behalf or automatically by the monitoring system and dispatched to Hostersi. The following types of tickets are distinguished: Support Tickets, Sales Tickets, Billing Tickets and Other Tickets.

Technical Issue - the installation of components and applications at the server at the Client’s order, the configuration of user accounts and mail accounts at the Client’s order, the configuration of operating system settings at the Client’s order, server overflow or freeze, inadequate operating system functioning on the server, an order to improve server performance, defending against a server attack from the Internet; analyses after breaking into an application, database or operating system at the server, the necessary talks conducted with the staff of the Data Centre where the server is localised; other assignments handled at the Client’s order after acceptance thereof each time by Hostersi

Support Ticket - a ticket pertaining to a Technical Issue

Monthly Support Time - the amount of time purchased in a specific Plan used by Hostersi to solve Technical Issues. Support Time is assigned to individual servers and Billing Periods. The unused Support Time is not advanced to the subsequent Billing Period.

Additional Support Time - the additional Support Time purchased. The additional Support Time may be used to solve any Technical Issue, in particular if the entire Support Time assigned to the Server has been used up. The additional Support Time does not expire at the end of the specific Billing Period and is advanced to the next Billing Periods.

Client Action Time - the time during which actions serving to solve a Technical Issue are pursued by the Client

Solution Time - the time between the first editing of a Ticket by the Hostersi Team and closing the Ticket. This time does not include the time when actions serving to solve a Technical Issue were pursued by the Client (Client Action Time).

Response Time - the time between creating a Ticket and the first editing of a Ticket by the Hostersi Team, otherwise the time between creating a Ticket and the actions taken by the Hostersi Team to solve a Technical Issue.

Server - a server device being the Client’s property or used by the Client under a separate contract of lease or a similar contract on an exclusive basis. If virtualisation is used, each of virtual machines is considered a separate Server.

Administration Access to the Server - Access to the server with full administrator rights (Linux: root, Windows: administrator)

Force Majeure - an extraordinary event than cannot be foreseen and prevented, in particular: forces of nature, war, diversion, power outages in excess of 60 min., acts of state authorities, local authorities and not being Hostersi’s fault.

Password Reset - a User Profile access password retrieval procedure with a new access password being established at the end; after entering the correct email address, the User receives a User Profile password reset link to the address. After clicking the link, the User is forwarded to his User Profile where a new password is established.


§ 2.
User

  1. The User, when establishing a Client Profile in the System, in particular when entering the Client’s ID details for the first time, declares to be acting on his behalf and to have the relevant authority to submit the declarations of will on such Client’s behalf.
  2. The User declares that if Full Access is awarded to another User, he also warrants that such User is authorised to submit the declarations of will on such Client’s behalf.
  3. Each User with Full Access has to right to ascribe Full Access to the User Profile to other Users.
  4. For safety considerations, the User who has established the Client Profile must not be deleted from the Client Area level nor his access class can amended otherwise than to Full Access. Deletion is possible by the Hostersi Team only or by deleting the entire Client Profile.
  5. At least one User for a specific Client Profile must have Full Access in the System.
  6. The User with Full Access declares that in granting or modifying another User’s access, such User is authorised to submit the declarations of will on the Client’s behalf according to his assigned rights.
  7. The User, when acting on the Client’s behalf or submitting declarations on the Client’s behalf declares that he is fully authorised to act on the Client’s behalf within the scope of his activity.
  8. A single User can have access to Client Profiles.
  9. The User gives his consent to process his personal data for marketing purposes by Hostersi and to receive marketing information from Hostersi to the email address provided.

§ 3.
Client

  1. The Client declares that he is a business client.
  2. The Client declares that he is not a consumer or a natural person.
  3. The Client declares that he is not a natural person not being a sole proprietor or a flat-rate farmer.
  4. The Client becomes a Party to the agreement at the moment of setting up the Client Profile by the User.
  5. The User accepts the provisions of the General Agreement on the Client’s behalf when establishing the Client Profile.
  6. The User, when establishing the Client Profile in the System, in particular when entering such Customer’s identification data for the first time, declares to be acting on his behalf and to have the relevant authority to submit the declarations of will on the Client’s behalf.

§ 4.
Hostersi’s Liability

  1. Hostersi shall provide the Service for the Client free of any defects.
  2. Hostersi’s liability commences upon ending the software installation process at the Client server.
  3. Hostersi’s liability expires at the day of suspending the service or upon cessation to provide the service and after providing data in the Client Area enabling Administration Access to the Server.
  4. During the validity of the General Agreement, Hostersi has the exclusive Administration Access to each Server connected with the provision of the Services. Prior to providing the Service, the Client is under obligation to provide access data to Hostersi permitting Administration Access to the Server connected with the provision of the Service. Hostersi amends personal data so that Hostersi is the sole entity having Administration Access to the Server. The User with Technical Rights is entitled to request Hostersi on the Client’s behalf to provide access data permitting Administration Access to the Server. If the Client has the access data enabling Administration Access to the Server, the General Agreement is terminated with immediate effect.
  5. Hostersi’s liability is limited to the operating system layer only. Hostersi is not liable for the hardware layer nor for ensuring Internet access. Hostersi is not liable for the application layer, either.
  6. Hostersi is not liable for hardware failures nor for mechanical damage to hardware.
  7. Hostersi is not liable for the damage caused by the action of the Client and the damage caused by the action of the Client, User, webmaster, programmer acting at the Client’s order or third parties acting at the Client’s order.
  8. Hostersi’s liability for the Services provided is limited in a given Billing Period to the sum of all the fees paid for the Billing Period.
  9. Hostersi is not liable for non-performance or undue General Agreement performance due to an act of Force Majeure.
  10. The services can be provided appropriately only when stable connection is possible between the Hostersi Data Centre and the Server.
  11. If Hostersi is not able to provide the Services duly because it is impossible to establish connection with the Server and this is not caused by Hostersi’s wilful action or negligence, then the Services are limited to continuous attempts to establish connection. In the case described in the preceding sentence, Hostersi is entitled to a full fee.

§ 5.
Payments

  1. To avoid doubts, the prices are quoted per 1 Server.
  2. The services are paid in advance. The Service is automatically ceased in the event of failure to pay for the Services in advance.
  3. Payments for services are effected with the payment channels available at the Website such as PayPal, Visa, MasterCard, Amex.
  4. The Client may change the Billing Period at any time. This change consists of extending the current Billing Period when making such a change. The change is effective upon making an additional payment for the additional days of the current Billing Period.
  5. If, at the moment the Billing Period begins, the Service is not paid for, it is suspended. If the service is not paid until the 7th day of such a Billing Period, it is irrevocably deleted. Hostersi is not liable for the functioning of the Server, the security of the data collected at the Server, for the manner of using the Server when Services are suspended or after deleting them. In particular, no updates are created in this period, data backups nor monitoring is active.
  6. Hostersi may change the Service price at any time. Price change is effective from the next Billing Period. A price for the Services already paid for does not change.
  7. The Service can be changed to a higher (more expensive) service at any time, effective, however, upon payment only.
  8. The Service can be changed to a lower (cheaper) service at any time and is effective immediately. The Client is not entitled to have the subscription fee paid earlier refunded. The Client pays a lower subscription fee starting with the next Billing Period.
  9. If the User does not establish the User Profile or the Client Profile within 5 days from effecting payment and Hostersi is not able to relate such payment unequivocally with any existing Client Profile, Hostersi returns the amount paid with the same payment channel the payment has been effected.

§ 6.
Invoices

  1. The Client gives his consent to issue invoices in the electronic form in a .pdf format. The invoices issued shall be available from the Client Area and emailed to the address given for billing purposes. Invoice availability in the Client Area is considered invoice issuance.
  2. Consent is waived to issue electronic invoices only by submitting a relevant order using a special feature available from the Client Area.
  3. If consent is waived to issue electronic invoices, this constitutes termination effective at the end of the Billing Period.
  4. A waiver of consent to issue electronic invoices is effective starting with the next Billing Period.
  5. Invoices are issued in the English language. Invoices are issued in a .pdf format.
  6. The User is obliged to provide true Client details and his own details.
  7. The User, if he is a VAT payer, is obliged to provide correct VAT (tax identification) No.

§ 7.
Warranty

  1. Within the first 30 days from the first payment, if the Services do not meet the Client’s expectations, the User with Full Access has the right, using a special feature available from the Client Area, to request that all fees are reimbursed and to resign from all the Services.
  2. If a VAT invoice has been issued, before reimbursing the fees the Client is obliged to accept an adjusting VAT invoice in the Client Area, issued in the electronic form as a .pdf. The Services are suspended once the request is submitted. The General Agreement is terminated upon reimbursement with all the consequences, in particular Hostersi does not provide the Services.
  3. If the maximum Response Time is not complied with, Hostersi will reimburse to the Client all the fees for the Billing Period when such incompliance has occurred.

§ 8.
Communications/Tickets

  1. The only reliable channel of communication between the Client and Hostersi is a Ticket. Other channels of communication such as email, telephone, Skype, live chat are auxiliary only and do not ensure effective communication. Some of the auxiliary communication channels may be temporarily unavailable. When communicating via the auxiliary communication channels such as email, telephone, Skype, live chat, the User will be requested to give his PIN for User authentication and to identify clearly the Client he is acting for.
  2. All the Technical Issues submitted will be communicated on the Client’s behalf as Technical Tickets only.
  3. Each Technical Ticket is assigned to the Server or several Servers affected by a Technical Issue. At any time until the Technical Ticket is closed, the Hostersi Team may amend such Server/Servers assignment according to the factual condition.
  4. Upon closing a Technical Ticket, the Support Time is decreased for each of the Servers affected by a Technical Issue by the same number of minutes. The total number of minutes to be deducted from the Monthly or/and Additional Support Time for all the Servers equals to the working time the Hostersi Team has been engaged in solving the Technical Issue.
  5. The Monthly and Additional Support Time left until the end of the Billing Period for individual Servers is shown in the Client Area.
  6. If the Support Time used in the Billing Period for the Server is longer than the Monthly Support Time available under the Plan, the difference is deducted from the Additional Support Time.
  7. If the Additional Support Time balance is negative, no new Technical Tickets can be added and the monitoring system automatically suspends the adding of Technical Tickets.
  8. An Additional Support Time balance can be tracked in the Client Area.
  9. In case of Technical Tickets that cannot be assigned to any Server, the working time the Hostersi Team has been engaged in solving a Technical Issue is deducted directly from the Additional Support Time without reducing the Monthly Support Time.

§ 9.
Data Backup

  1. A backup of the data collected at the Server is created only when enabled in the Client Area, paid by the Client and configured correctly.
  2. A backup is created on a daily basis and stored for 7 days.

§ 10.
Hostersi Software

  1. The software installed at the Server by Hostersi used for providing the Services appropriately by Hostersi shall constitute Hostersi’s exclusive property and only Hostersi is entitled to use such software. The Client and User, in particular, must not use the software nor make such software available, hand it over, duplicate it or copy it to any third party.
  2. Hostersi is entitled to delete from the Server the entire software being Hostersi’s property installed at the Server, used for providing the Services if the Client is provided Server Administration Access.
  3. If Hostersi fails to remove the software intended for providing the Services from the Server and being Hostersi’s property after finishing to provide the Services, after General Agreement termination, in case the Agreement is not extended, if it expires, is terminated or in any other case of not providing the Services by Hostersi, the Client is obliged to delete such software immediately.

§ 11.
Confidentiality

  1. Hostersi, the User and the Client are under obligation to keep confidential any information obtained in connection with entering into the General Agreement.
  2. The User and Client must not present a job offer, employment offer, co-operation offer and other such types of agreements to Hostersi staff nor collect and forward information on Hostersi staff to other entities.
  3. If the Client or User breaches Clause 2 above, the User or Client are under obligation to pay the contractual property of EUR 100,000.

§ 12.
Termination

  1. Hostersi may terminate the General Agreement with immediate effect at the end of the Billing Period on the condition, however, that if less than 10 days is left to the end of the Billing Period than termination is effective at the end of the next Billing Period subject to VI.3 hereof.
  2. The Client may terminate the General Agreement effective at the end of the Billing Period on the condition, however, that if less than 10 days is left to the end of the Billing Period than termination is effective at the end of the next Billing Period provided no Services are present at the Client Account, in particular due to deleting them subject to 4.4. i 6.3. hereof.
  3. Hostersi may block the Server’s operation any time in case the valid law is alleged to be violated, if spying software or hacking tools are detected at the Server, the Server has been used for distributing spams or to make an attack via the Internet.
  4. Hostersi may terminate the General Agreement with immediate effect if the Client or User has the access data enabling Administration Access to the Server.
  5. Hostersi may terminate the General Agreement at any time with immediate effect if the Client or User breaches the provisions hereof or the valid laws.

§ 13.
Final

  1. Hostersi may modify the General Agreement from time to time without giving reasons.
  2. Each time after modifying the General Agreement the Client is obliged to accept such modification. Should such modification be not accepted Hostersi ceases to provide the Service after the lapse of the current Billing Period.
  3. If any deviations arise between the contents of admin365.eu website and this General Agreement the provisions of the General Agreement shall prevail.
  4. The Polish law shall apply to any matters not governed hereunder.
  5. Any disputes arising in conjunction with fulfilling or entering into the General Agreement shall be settled by a Court competent for Hostersi’s registered office.
  6. The General Agreement has been made under the Polish law and the wording thereof shall be construed in accordance with the Polish law.

Version: 03.2011

By accepting the General Agreement you declare that:

  1. you have become aware of the wording of the General Agreement;
  2. you understand the provisions of the General Agreement;
  3. you want to enter validly into the General Agreement as prescribed by the law;
  4. you agree that any time you establish the Client Profileyou also enter into the General Agreement with Hostersi on the Client’s behalf and in his favour and you shall not establish the Client Profile if you are not legally empowered to do so.


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