UNIVERSAL TERMS OF SERVICE CONTRACT
Last Revision: 15 . 02 .2021
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES
1. OVERVIEW
This Universal Terms of Service Agreement (this " Agreement ") is between you and crnagorahosting.net, Doo, a Delaware limited liability company ("") and comes into effect on the date you use or electronically accept this website ("Site"). This Agreement includes this Site and the products and services purchased or accessed through this Site (separately and together with the " Services " ). ”) Determines the general terms and conditions regarding your use. Services Agreements and additional policies apply to certain Services and are available in addition to this Agreement and do not replace this Agreement. In the event of a conflict between the terms of a Services Agreement and the terms of this Agreement, the terms of the applicable Services Agreement will prevail.
Terms such as "we", "us" or "our" will mean Crna Gora Hosting . The terms "you", "your", "User" or "customer" shall mean any person or entity that accepts this Agreement , has access to your account or uses the Services. Nothing in this Agreement will be deemed to confer any third party right or advantage.
2. CHANGING THE CONTRACT, SITE OR SERVICES
Crna Gora Hosting may change or edit this Agreement, all the policies or the agreements attached to this document at any time, at its sole discretion, and these changes or regulations become effective immediately after posting on the Site. Your use of this Site or the Services after such changes or edits will be interpreted as your acceptance of the final version of this Agreement. If you do not agree to the final version of this Agreement, do not use (or continue to use) this Site or the Services. In addition, Crna Gora Hosting may occasionally notify you of any changes or modifications to this Agreement via e-mail. Therefore, it is very important that you keep your account (" Account ") information up to date. Crna Gora Hosting , if such an error arises from an incorrect or outdated email addresses as an e-mail notification does not assume any responsibility or liability for your not take. In addition, Crna Gora Hosting may terminate your use of the Services if you violate the terms of this Agreement . CRNA GORA HOSTING RESERVES THE RIGHT TO REGULATE, REPLACE OR REMOVE ANY SECTION OF THIS SITE OR SERVICES INCLUDING PRICES AND FEES AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
This Site and Services can only be used by individuals or organizations ("Users") who can conclude legally binding agreements under applicable laws. By using this Site or the Services you are (i) at least eighteen (18) years old, (ii) able to enter into legally binding contracts under applicable laws, or (iii) purchase Services offered under the laws of the United States or other applicable jurisdictions; or You acknowledge and agree that you are not a prohibited person.
If you are accepting this Agreement on behalf of a legal entity, you represent and acknowledge that you have legal authority to bind that legal person for the terms and conditions contained in this Agreement; in this case, the term "you", "User" or "customer" means that legal entity. After your electronic acceptance of this Agreement , if Crna Gora Hosting determines that you do not have legal authority to bind the said legal entity , you will be personally liable for the obligations contained in this Agreement , including but not limited to payment obligations . Crna Gora Hosting , Crna Gora Hosting side, Crna Gora Hosting when it comes from an authorized representative of your true and company instructions he believes, the notification shall not be liable for any loss or damage that may occur due to the trust document or correspondence. If there is reasonable doubt as to the authenticity of this instruction, notice, document or communication, Crna Gora Hosting reserves the right (but assumes no liability) to require you to perform additional authentication. You also agree that you are bound by the terms of this Agreement to which you are a party to transactions, any person acting as your agent, and anyone using your account or Services.
4. YOUR ACCOUNT
To access some features of this Site or the Services, you must create an Account. For Crna Gora Hosting , you acknowledge and agree that all the information you submit when you create your Account is correct, valid and complete and that you will keep your Account information correct, valid and complete. If Crna Gora Hosting believes your Account information is incorrect, incomplete or invalid for any reason, Crna Gora Hosting reserves the right to suspend and terminate your Account at its sole discretion. You are solely responsible for the activities that occur on your account, whether authorized by you or not, and you must ensure the security of your Account information, including but not limited to your customer number / login information, password, Payment Methods (as described below) and customer PIN code. For security purposes, Crna Gora Hosting recommends that you change your password and customer PIN code at least every six (6) months for each Account. You must immediately notify Crna Gora Hosting regarding the security breach or unauthorized use of your account . Crna Gora Hosting will not be responsible for any losses that may occur due to unauthorized use of your account. However, you may be held liable for the loss of Crna Gora Hosting or others caused by your Account, regardless of whether it was caused by you or an authorized or unauthorized person .
5. GENERAL CODE OF CONDUCT
You acknowledge and agree that:
Crna Gora Hosting provides certain hosted Services that may involve the transmission, collection and / or use of personally identifiable or identifiable information about you or your customers ("Your Data") during your use of these Services ("Covered Services"). For the purposes of this Section, Your Data does not include User Data. Crna Gora Hosting Data Processing Supplemental Agreement (“DPA”) applicable to the Covered Services referenced here and to ensure that we have robust mechanisms to ensure the transfer of your Data from DPA to the Covered Services, in accordance with applicable data privacy laws aims to provide you with a contractual guarantee. For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your respective affiliates) are considered the Data Controller / Data Issuer and agree to the terms of service that govern the Covered Services. The purchase period of the Covered Services will also be considered as the approval and acceptance of DPA and its annexes (including the Standard Contractual Clauses and their annexes). To print, sign or provide a physical copy of the DPA, please send an email request to privacy @ crnagorahosting.net .
The Covered Services described in this Section and DPA include hosted services subject to the terms and conditions of the following Agreements: (1) Domain Name Registration , (2) Email Marketing Services , (3) Website Builder , (4) Hosting , ( 5) Online Accounting , (6) Online Store / Quick Shopping Cart, and (7) Smartline .
7. USER CONTENT
Using some features of this Site or Services, including Services hosted with Crna Gora Hosting , Users may view, publish, post, share, store or manage: (a) forum posts, content posted about a contest, product comments or suggestions, or social to be used in media event photos, including but not limited to ideas with them, comments or suggestions ( " User Submissions "), or (b) including photographs and videos, but literary as, but not limited to, artistic, musical or other content (with User Submissions, " User Contents ”). All content sent from your account is treated as User Content. By posting or publishing User Content to this Site or Services, Crna Gora Hosting (i) owns and has the right to distribute User Content, or has written distribution rights, licenses, approvals and / or permissions obtained from the copyright or other right holder of User Content. You represent and warrant that you have all the rights necessary to distribute User Content through this Site or the Services and (ii) User Content does not violate any third party rights. You will be solely responsible for any or all of Your User Content or User Content posted from your Account and for the results and requirements for its distribution.
User Submissions. User Submissions are completely optional that, you create a confidential relationship or Crna Gora Hosting company of your User Submissions confidential or special handling Enforce not, Crna Gora Hosting ' s express or implied whether the User Submissions in the development or use of necessity and of intentional or unintentional use of your User Submissions would not lead to any compensation and Crna Gora Hosting ' s be the same or may be working on similar content, the statement said content other sources know that may or may or may found was found in another action and agree. Crna Gora Hosting is the sole owner of all rights regarding User Submissions published on this Site (including all intellectual property rights and other proprietary rights) and the User Submissions posted on this Site are unlimited for any commercial or non-commercial purpose without giving you or anyone else information or compensation has the right to use and disseminate in some way.
User Content Other Than User Submissions. By posting or posting User Content to this Site or through the Services, you authorize Crna Gora Hosting to use the intellectual property and other proprietary rights of your User Content so that the User Content can be used in accordance with this Site and this Agreement. In this document, Crna Gora Hosting provides User Content in connection with this Site, the Services and the business of Crna Gora Hosting (and Crna Gora Hosting partners), the promotion, partial or complete redistribution of this Site in different media channels on different media channels, including but not limited to to use, reproduce, distribute, prepare derivatives, combine with other works, display and perform a worldwide, non-exclusive, free, sublicensable (through multiple layers) and transferable license for any fee, expectation, permission from you or a third party or you give it to you or a third party without the need for notice. In addition, to each User of this Site, accessing your User Content through this Site (excluding the User Content that you have determined as "confidential" or "password protected") and using, reproducing, distributing, deriving your User Content to the extent permitted by the functions of this Site and this Agreement, You grant a non-exclusive license to combine, exhibit and perform with other works. The above licenses provided with your User Content terminate within a commercially reasonable period of time after removing or deleting User Content from this Site. However, you understand and agree that Crna Gora Hosting may keep (but cannot distribute, view, or perform) a copy of the removed or deleted User Content on their servers. The above licenses included with your User Content are perpetual and non-revocable. Here, without invalidating provisions to the contrary, Crna Gora Hosting hidden or password protected as you specify, or for the presentation of this Site Crna Gora Hosting (or Crna Gora Hosting partners) can not use the User Content set by the company. If you own a website or other content hosted by Crna Gora Hosting , you must own all ownership or license rights to User Content.
8. AVAILABILITY OF THE WEBSITE / SERVICES
Subject to the terms and conditions of this Agreement as well as our other policies and procedures, we will use commercially reasonable efforts to attempt to provide this Site and Services twenty-four (24) hours a day, seven (7) days a week. This Site is due to the following, but not limited to; You acknowledge and agree that it may be inaccessible or inoperable from time to time for a number of reasons: equipment failures; situations that occur beyond our control or reasonable anticipation, including, but not limited to, periodic maintenance or occasional repairs or parts changes, or interruption or failure of telecommunications or digital transmission connections, aggressive network attacks, network congestion, or other malfunctions. You acknowledge that the continuous or uninterrupted operation of this Site or the Service is not under our control and we have no liability to you or any third party for it.
9. PRODUCT CREDITS
If you receive a product credit ("Credit") for free with the purchase of another product ("Product of Purchase") or to purchase a particular product, that Credit is valid for one (1) year only and is only valid for one (1) year. You acknowledge and agree that it can be used with the purchase and may be terminated if the purchased product is deleted, canceled, transferred or not renewed. If the credit is not redeemed, it will expire after one (1) year from the date of purchase of the Purchased Product. If the credit is used, after the initial subscription period, the product will automatically renew with the then-current renewal fee until canceled. If you want to cancel the automatic renewal of the product, you can do so by visiting your Account or contacting customer service. If the Purchased Product includes a free domain name, if you cancel the Purchased Product, the standard price of the domain name will be deducted from the refund amount. The list price is the domain name price listed on the website of Crna Gora Hosting company and is not subject to any promotion, discount or other price reduction. You acknowledge and agree that, at our sole discretion, for Credit issues awarded free of charge with another Purchased Product, we may exchange Your Credit for a similar product.
10. CONTENT MONITORING; ACCOUNT TERMINATION POLICY
Crna Gora Hosting generally does not filter User Content ( those posted on the website hosted by Crna Gora Hosting or on this Site). However, Crna Gora Hosting reserves the right to do so (but assumes no liability) and to decide whether any item of User Content is appropriate and / or complies with this Agreement. Crna Gora Hosting , in the event of posting or publishing a material that violates this Agreement or any other breach of this Agreement (at Crna Gora Hosting's sole discretion ), at any time without prior notice, any part of the User Content ( Crna Gora On the website hosted by the Hosting or posted on this Site) and / or stop a User from accessing this Site or the Services contained on this Site. Also Crna Gora Hosting , Crna Gora Hosting User recurring reason to believe that the way to demonstrate this misuse, the user may terminate access to this Site or the Services on the Site. In the event that Crna Gora Hosting cancels your access to this Site or the Services on this Site, Crna Gora Hosting may remove and delete the data and files stored on its servers at its sole discretion.
11. EXPIRED SERVICES; END OF USE (EOL) POLICY
Crna Gora Hosting reserves the right to cease the provision or provision of the Services at any time and without prior notice for any reason. Crna Gora Hosting makes great efforts to maximize the lifecycle of all its Products . A However, given that we offer a hi izmet has expired may or End of Life ( "EOL") may come in time. In this case, Crna Gora Hosting does not support that product or service from the date of EOL. Notice and Transport. If a Service we offer reaches the EOL period, we will try to notify you thirty or more days before the EOL date. EOL date before a new hi passing izmet to speed change izmet or before the date specified EOL that he throw out all the necessary steps to terminate all operations related to izmet your responsibility. In either case, Crna Gora Hosting, at its sole discretion, either offers you a similar Product for you to migrate for the remainder of your purchase, or provides a pro-rated in -store credit or refund determined by Crna Gora Hosting . Crna Gora Hosting may carry you to the most current version of the Service, if available, with or without notice to you. You agree to take all responsibility for any loss or damage that may result from this transition. No Liability : Crna Gora Hosting will have no liability to you or a third party for the modification, suspension or termination of any Services we may offer or access.
12. BETA SERVICES
Periodically, Crna Gora Hosting may offer new Services as pre-release (limited preview services or new features to existing Services). New Services, new features added to existing Services one by one and together will be referred to as "Beta Services". If you choose to use Beta Services, your use of the Beta Services will be subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are prerelease and may not function properly; (ii) You acknowledge and agree that you may be subject to unusual processing errors if you use Beta Services; (iii) Beta Services are provided as is, therefore we do not recommend using them in live or critical environments; (iv) Crna Gora Hosting reserves the right to change, edit or remove any part of the Beta Services at any time; (v) Commercial versions of Beta Services may change continuously and programs that use or work with Beta Services may not work with commercial versions or later versions; (vi) Crna Gora Hosting may limit the customer service support time allocated to support Beta Services; (vii) You acknowledge and agree to provide reasonable views regarding your Beta Services experience, including information necessary to reproduce errors or problems you experience; (viii) You acknowledge and agree that Crna Gora Hosting can track your browser behavior, links clicked, items purchased, your device type, and collect various data, including analysis of how you use and interact with our Beta Services; (ix) You acknowledge that all information regarding Beta Services, including your experience and opinions regarding Beta Services, is confidential and cannot be disclosed to a third party or used for any other purpose than providing feedback to Crna Gora Hosting ; (x) Beta Services; It is provided "unchanged", "as is" and "with all errors".
You agree that we can use your views for any purpose, including product improvement purposes. You must provide us with your comments, which we may use for printed and marketing materials at our request. Back associated with your statement or Beta Services to any intellectual property arising from your use, as exclusive Crna Gora Hosting 'to be started. To the fullest extent permitted by law, Crna Gora Hosting disclaims all legal, direct or indirect guarantees regarding the use of the Beta Services, including but not limited to the implied warranties of merit, merchantability, fitness for a particular purpose and non-infringement.
13. FEES AND PAYMENTS
You acknowledge that your Payment Method may be charged by one of our affiliates. If at the time of purchase indicated that your payment was processed in the United States, your transaction is by crnagorahosting.net , Doo, If your payment is processed in Canada stated, trading Crna Gora Hosting Domains Canada , Inc. . by; If it is stated that your payment has been processed in the UK, your transaction will be Crna Gora Hosting Europe, Ltd. by; If your payment is processed in India stated, your transaction Crna Gora Hosting India Domains and Hosting Services India Pvt Ltd. will be fulfilled by. During the purchase process, if you find that your payment has been processed in a country not listed above, your transaction may be processed by an organization within the country described and affiliated with our local payment service provider and is subject to the terms of our Privacy Policy.
(A) GENERAL CONDITIONS INCLUDING AUTOMATIC RENEWAL TERMS
Payment Requested During Order; Non-Refundable. You agree to pay all amounts payable for services when placing an order. Unless otherwise stated in the Refund Policy, no refunds can be made for any amount.
Price Changes. Crna Gora Hosting reserves the right to change or adjust its fees and prices at any time and such changes will be posted online on this Site and will be effective immediately without further notice to you. If you purchased or acquired the Services for a period of a month or a year, changes in prices and fees will apply when those Services are renewed, as detailed above.
Payment Types. Unless prohibited in any product-specific agreement, you can pay for the Services using any of the following Payment Methods: (i) providing a valid card, (ii) using the “ Good As Gold Prepaid Services” (as described below); (iii) by electronic payment from your personal or corporate checking account, as appropriate (and as described below); (iv) PayPal , (v) using the International Payment Option (as described below) or (vi) through existing credit balances, each of which is a Payment Method (and as described below) if applicable. The “Express Checkout” feature automatically places an order for the applicable Service and the default Express Checkout for your Account ; Charges the Payment Method. Confirmation of the order is sent to the e-mail address registered for your account . Your Saved Payment Method must be kept valid if you have Services active in your Account. You also agree that the processing of your payment may change for any reason, including the type of Payment Method selected, the currency chosen, or changes or updates to your Payment Method.
Given refunds : In cases where a refund your Payment Method, Crna Gora Hosting side of the refund receipt only edit the Crna Gora Hosting parties were charged money in the initial sale of the Payment Method to the refund is confirmation that send and Crna Gora Hosting side of the refund of Payment Method of your available balance to when You acknowledge that it has no control over whether it will be reflected. You also acknowledge that the payment provider and / or bank associated with your Payment Method has set the times for sending your refund, and such return shipping times may range from five (5) business days to a billing period or even longer.
If a refund is made to your Payment Method and your payment provider, payment processor or payment bank associated with your Payment Method imposes a limit on the refund, including but not limited to the time of the refund or the number of refunds allowed, Crna Gora Hosting is at its sole discretion. reserves the right to make the refund (i) in the form of store credit or (ii) a Crna Gora Hosting check to be sent to the registered postal address of your Account , or (iii) in some jurisdictions, if the payment processor is unable to refund the Payment Method, it reserves the right to make a bank transfer. Crna Gora Hosting also reserves the right to offer in-store credit for customers who want a refund, even in the absence of restrictions on refunds required by the Payment Method.
Monthly Billing Date. If you are billed monthly, your monthly billing date will be based on the date you purchased the Services. If this date is after the 28th of the month, your invoice date will be the 28th of each month.
Automatic Renewal Terms. Except as required by applicable law, Crna Gora Hosting does not retain hard copies or electronic versions of problematic, pending order or pending instruction forms and / or any signed confirmation regarding your use of automatic renewal services, and therefore we cannot provide such a document on request. You can view or change your automatic renewal settings at any time by logging into your Crna Gora Hosting account.
AUTOMATIC RENEWAL OPTIONS ARE PROVIDED WITH ALL SERVICES IN ORDER TO AVOID ANY INTERRUPTION OR LOSS OF SERVICES. EXCEPT FOR THE REASONS DESCRIBED BELOW IN THIS SECTION, THE AUTOMATIC RENEWAL RECEIVES THE SERVICE APPLICABLE FOR THE RENEWAL PERIOD THAT IS THE SAME PERIOD WITH THE LATEST SERVICE PERIOD THROUGH THE CURRENT PERIOD. FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS ONE YEAR, YOUR RENEWAL PERIOD WILL BE ONE YEAR. BUT, IF RENEWAL CANNOT BE MADE BY USING THE PAYMENT METHOD IN THE RECORDS, CRNA GORA HOSTING IS VALID FOR A SHORT TERM OF THE SERVICE UNTIL THE ORIGINAL SUBSCRIPTION PERIOD IS REQUIRED TO BE SUCCESSFUL.
IF YOU DO NOT DISABLE THE AUTOMATIC RENEWAL OPTION, CRNA GORA HOSTING , WHEN THE RENEWAL IS TIME , NEWS THE APPLICABLE SERVICE AUTOMATICALLY AND THE PAYMENT METHOD IN YOUR ACCOUNT OR CRNA GORED TO USE THE PAYMENT METHOD. CRNA GORA HOSTING ATTEMPT TO PAY YOUR SERVICES FROM THE PAYMENT METHOD FOR THE SERVICES IN YOUR ACCOUNT BEFORE IT IS AUTOMATICALLY NEW. IF CRNA GORA HOSTING DOES NOT SUCCESSFULLY REFLECT THE FEE TO SUCH PAYMENT METHOD, WE ATTEMPT TO REFLECT THE FEE IN THE PAYMENT METHOD THAT IS DESCRIBED AS "BACKUP" IN YOUR ACCOUNT. RENEWAL FEES; WE ACKNOWLEDGE AND ACKNOWLEDGE THAT THE PRICE WILL BE OVER OR UNDER THE PRICES APPLIED FOR THE BASIC SERVICE PERIOD, WHICH WILL BE REFLECTED ON THE PRICE APPLIED BY CRNA GORA HOSTING AND AT THAT DATE. TO VIEW RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, LOGIN WITH YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS HERE. IF YOU DO NOT WANT ANY SERVICE TO BE RENEWED AUTOMATICALLY, YOU CAN CANCEL THE RENEWAL; IN THAT EVENT, IF YOU CANNOT RENEW YOUR SERVICES MANUALLY BEFORE THE EXPIRATION DATE, YOUR SERVICES ARE TERMINATED AT THE END OF THE CURRENT PERIOD. IN OTHER WORDS, IF YOU CANCEL YOUR PRODUCT AND DO NOT RENEW YOUR SERVICES BEFORE THE EXPIRATION DATE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF YOUR SERVICES AND CRNA GORA HOSTING IS RESPONSIBLE TO YOU OR ANY OTHER THIRD PARTY.
FURTHER, CRNA GORA HOSTING MAY PARTICIPATE IN "REGULAR BILLING PROGRAMS" OR "ACCOUNT UPDATE SERVICES" SUPPORTED BY YOUR CREDIT CARD PROVIDER (THEREFORE DEPENDING ON YOUR BANK'S PARTICIPATION). AUTOMATIC RENEWAL OF OPTIONS REGISTRATION IF AND EXISTING PAYMENT METHOD YOUR SUCCESSFUL PRICING IF YOU CAN NOT, YOU PROVIDER CREDIT CARD (OR, BANK OF) CREDIT CARD AND NUMBERS YOU / OR MAY UPDATES US REPORTED BASIS OF EXPIRATION DATE OR US AUTO SHOOTING MAY OUR NAME ON YOUR NEW CREDIT CARD WITHOUT NOTICE. ACCORDING TO THE REGULAR BILLING PROGRAM REQUIREMENTS, IN THE EVENT OF AN UPDATE REGARDING YOUR CREDIT CARD NUMBER AND / OR EXPIRATION DATE , CRNA GORA HOSTING AUTOMATICALLY SAVE YOUR PAYMENT PROFILE. CRNA GORA HOSTING DOES NOT GUARANTEE WE REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. WE HAVE NO RESPONSIBILITY TO CHANGE AND PROTECT YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO, (I) CANCELING THE PRODUCTS AND (II) ENSURE YOUR RELATED PAYMENT METHODS ARE CURRENT AND VALID. WE ALSO REPRESENT AND ACKNOWLEDGE THAT YOUR FAILURE TO DO IT MAY CAUSE AN INTERRUPTION OR LOSS OF THE SERVICES AND THAT CRNA GORA HOSTING WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SAME SUBJECT .
If due to any reason Crna Gora Hosting unable to collect the full amount you must pay for the services offered on your Payment Method or Crna Gora Hosting submitted back, cancel, will receive payment objection notification, or earlier if you have to pay a fine for a fee that charged to your Payment Method, Crna Gora Hosting the party You agree that you may take all reasonable legal remedies, including immediate cancellation of domain names or Services registered or renewed in your name, to receive payment. Crna Gora Hosting also the first to include "management fees" reserves the right to: (i) Crna Gora Hosting tasks that a party outside the scope of regular services and (ii) Crna Gora Hosting side of the service additional time and may occur when presenting / or costs, and / or (iii) Your failure to comply with this Agreement by Crna Gora Hosting at its sole discretion.Typical management and transaction fee scenarios include but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) UDRP transactions in connection with your domain names and / or objections requiring accounting and legal services provided by Crna Gora Hosting staff or external companies determined by Crna Gora Hosting ; (iii) Refunds by Crna Gora Hosting caused by you, your bank or your Payment Method processor or other all Service charges, including Service charges paid as a result of payment objections m reimbursement of costs and wages. These management fees and transaction fees are billed to your Payment Method registered with Crna Gora Hosting .
Crna Gora Hosting can offer product level pricing in various currencies. The transaction is executed in the selected currency and the price displayed during payment will be the actual amount transmitted to your bank for payment. For some Payment Methods, the bank of your Payment Method may charge you a currency transaction fee or other fee that can be added to the final amount that appears on your bank statement or is sent as a separate amount. Please check with the issuer of your Payment Method for details. In addition to these and regardless of the currency selected, Value Added Tax (" VAT "), Product and Service Tax (" GST ") or other local fees and / or taxes may be levied, depending on your bank and / or the country specified in the billing address section .
(B) RETURN POLICY
Refund- eligible Products and Services (" Refund Policy" ) are described here .
(C) GOOD AS GOLD PREPAID SERVICES
Service Details. Good As Gold Prepaid Services using Crna Gora Hosting by transferring money to his party Good As Gold Prepaid Services to your account ( " Good As Gold Account "), you can upload money. You can then purchase the Services you want with your Good As Gold Account. You can transfer money to your Good As Gold Account by wire transfer.
You acknowledge that the funds transferred to your Good As Gold Account will be held by Crna Gora Hosting , and you will not be charged or paid any interest . In the event of interest, you agree that Crna Gora Hosting will collect the amount and use it to cover the costs of supporting the Good As Gold Prepaid services functionality.
You agree that all transactions you make using Good As Gold Prepaid Services will be made in US dollars.
A minimum initial deposit of $ 1,000.00 USD or equivalent into your Good As Gold Account is required.
All payments must cover the full amount of the purchase.
Bank Transfer Details. You can make wire transfers in different currencies to fund your Good As Gold Account, but the currency of the Wild West Domains bank account must be US Dollars. Wire transfers in foreign currencies are automatically converted to US dollars and the account must be in dollars. Please note that exchange rate fees may apply.
You are responsible for all transfer fees to and from your Good As Gold Account. For transfers from outside the US, your bank, intermediary banks or Crna Gora Hosting bank may make a deduction , resulting in less money reaching the Crna Gora Hosting bank and deposited into your Good As Gold Account. Here you expressly authorize Crna Gora Hosting to: (i) deduct from your Good As Gold Account the amount Crna Gora Hosting charged to receive your funds, and / or (ii) twenty dollars ($ 20.00) in case your Good As Gold Account is canceled. To collect a service fee (" Service Fee "). All fees are subject to change at any time, and these changes take effect immediately after they are posted online, without the need to notify you.
You can verify the remaining resources in your Good As Gold Account from your Account or shopping cart at any time. Good As If you decide to terminate your Gold Account (or Crna Gora Hosting , Good As Gold account you good if Ace Gold Service Contract terminated due to your violation of one of the conditions), good balance in your As Gold Account, Service Fee will be refunded after being charged.
You can add funds to your Good As Gold Account at any time.
Your Use of Good As Gold Prepaid Services. Good As Gold account, your money is only Crna Gora Hosting leveraging the purchase Crna Gora Hosting can use the website. In order to make purchases, your Good As Gold account must have an amount to cover the fees stated here or in other relevant contracts, in addition to the entire amount of the purchase at the time of purchase.
(D) CHECK PAYMENT (ELECTRONIC PAYMENT)
You can purchase Crna Gora Hosting Services by electronic payment from your personal or corporate checking account ("Check Account") by using Crna Gora Hosting company's check payment option (" Check Payment ") . In connection with this , you agree to allow the third-party check services provider Certegy Check Services, Inc (“ Check Services Provider ”) to withdraw the entire amount of your purchase from your Checking Account in a non-refundable manner. The Check Services Provider will create an electronic money order (“ EFT ”) or bank draft, which will be displayed to your bank or financial institution for payment from your Checking Account. The Checking Account must be in a US financial institution and the US provides the payment.
It is your responsibility to keep your Deposit Account current and available. (i) that the Check Services Provider or Crna Gora Hosting company reserves the right to refuse a transaction for any reason (including but not limited to the absence of your Deposit Account or insufficient funds) and (ii) in such case the Check Services Provider or You agree that Crna Gora Hosting party will not be liable to you or any third party for this event. If for any reason the Check Services Provider is unable to charge your account the full amount you have to pay for the Services offered, you agree that all reasonable legal remedies may be taken by the Check Services Provider and Crna Gora Hosting to recover the payment (and related fees). Crna Gora Hosting is not responsible for the actions of the Check Services Provider. If the EFT or bank payment order is not paid and returned, you must pay a service fee for each US state as permitted by law. A help article explaining the Check Services Provider and summarizing the service fees referenced above can be found here . These fees may be collected from your Deposit Account via EFT or bank payment order. All fees provide US dollars.
Complete Payment Recovery Services, Inc. with Crna Gora Hosting and Check Services Provider . Service providers, including but not limited to, may send you notices using e-mail, standard mail, SMS, MMS, text message, shared posts on the services, and any other reasonable methods unknown or developed later. These notices may not be received if you access the services without authorization and breach the terms of service. Your acceptance of these terms of service constitutes your agreement that acknowledges that you have received all and all notices that will be received if you access the services in an authorized manner. Failure to receive these notifications for any reason does not eliminate payment or other obligations to Crna Gora Hosting and Check Services Provider. In addition, Czech Services Provider and Complete Payment Recovery Services, Inc . and its affiliates, you authorize Crna Gora Hosting and its service providers to contact you by automated search tools, pre-recorded messages or other methods using one of your mobile phone numbers or any email address. In addition, you acknowledge that the e-mail addresses you provide are not shared, not accessible to anyone else, and are not business-related e-mail addresses.
(E) INTERNATIONAL PAYMENT OPTIONS
Crna Gora Hosting offers a range of alternative international payment options through various International Payment Providers (“IPP”). If you choose an IPP , you declare that you accept the IPP customer service agreements before completing your transactions on Crna Gora Hosting . You also agree to allow the IPP to charge the entire amount of your purchase from the selected account or payment method (collectively "Payment Sources"). In addition you choose, IPP if necessary "Currency Conversion Fees" and other charges or fees arising from your contract with IPP (collectively, the "Fees IPP"), you agree to pay to collect your resources. You understand and agree that the IPP Fees can be changed by the IPP at any time without informing you or Crna Gora Hosting .
It is your responsibility to keep your Payment Sources current and available. You acknowledge that (i) the IPP or Crna Gora Hosting party reserves the right to refuse a transaction for any reason and (ii) in such case, the IPP or Crna Gora Hosting party will have no liability to you or any third party. Crna Gora Hosting by Crna Gora Hosting a party to the IPP by the relevant payment handler for the fulfillment of services purchased until payment confirmation whether or not you agree to make any venture. You acknowledge that there may be a delay of several hours or days between placing the order and the IPP confirming the payment via the relevant payment processor. If Crna Gora Hosting does not receive payment confirmation through the IPP's respective payment processor within thirty (30) business days from the date the order was placed, your order may be canceled and you must repeat the purchase. If you want to cancel the payment of a pending transaction, you can cancel the order through your Crna Gora Hosting account. Payments received for previously canceled orders are returned to the Payment Method where the payment was made, where possible.
When Crna Gora Hosting receives payment confirmation from IPP (via the respective payment processor), (i) the Services (including domains) are discontinued, or (ii) a pending order is canceled in our system, or (iii) the payment confirmation is with the amount of the pending order. If they do not match and as a result you have been charged less or more than your purchase amount, Crna Gora Hosting may automatically issue a partial refund (in case of overpayment) or a full refund (in case of underpayment) to your Payment Source. If the IPP (or its associated payment processor) imposes refund restrictions of any kind, Crna Gora Hosting reserves the right to issue a refund to an in-store credit balance or as a bank transfer in cases where the payment processor is unable to refund the Payment Method. If you receive a full refund, you must repeat the purchases. IPP through the process with a refund reserves the right to charge the IPP agree that keep returning. In connection with this, refunds made by Crna Gora Hosting will be made after IPP Fees have been collected, unless otherwise specified.
Crna Gora Hosting offers SEPA direct debit (“SEPA”) as a payment method for its customers located in Germany. If you choose SEPA as the payment method, you authorize our payment service provider Crna Gora Hosting and Adyen to instruct your bank to withdraw from your account. By accepting these terms, you require Crna Gora Hosting to collect all applicable payments arising under this Agreement. This authorization will also apply to a new bank account used by you for products purchased by Crna Gora Hosting . We will notify you of the direct debit collection date within a reasonable time ("advance notice"). This advance notification will be sent to you by e-mail at least one (1) business day before the payment is received. You are responsible for having sufficient funds in your account for automatic payments. In addition, you agree to indemnify Crna Gora Hosting against any damages that may arise in the event that your financial institution fails to make payments to Crna Gora Hosting for any reason .
(F) IN-STORE CREDIT BALANCES
If you have an in-store credit balance in your account: (1) you may apply an existing credit balance in your Account for a future purchase, and (2) authorize Crna Gora Hosting to apply any outstanding credit balance to unpaid administration fees, chargebacks or other charges associated with your Account. . If Crna Gora Hosting is unable to receive payment from a Payment Method associated with a particular Service in your account or from your backup Payment Method while processing Service Renewals, Crna Gora Hosting may receive payment from your in-store credit balance if there is enough balance for the entire transaction. Regardless of the amount of store credit in your account, Crna Gora Hosting is not responsible for the loss of products if money cannot be collected using your Payment Methods or store credits. Store credits are applied in the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one store credit, the credits will first be processed according to the issue date to use the oldest store credit. If additional funds are required to complete the purchase or renewal process, credits in unselected currency will be converted from oldest to newest at daily Crna Gora Hosting exchange rates until (i) enough funds are collected to complete the transaction, or (ii) no balance is left in your account . . You understand and agree that Crna Gora Hosting may charge additional management fees at the time of conversion .
You can make transactions from your Account on the Crna Gora Hosting website to verify your available store credit balance . You acknowledge that store credit balances cannot be transferred, can only be used with the Account from which they were purchased, and their validity period may expire. Store credits given as gifts expire two years from the date of issuance or any date Crna Gora Hosting specifies in your account. You agree that if your account is terminated by Crna Gora Hosting , any remaining available store credit balance will be deleted.
You also agree that the money in your store credit balance will be blocked by Crna Gora Hosting and will not charge and pay interest on your behalf. You agree that if interest arises, Crna Gora Hosting will collect such amount and use it to cover the costs of supporting the store credit balance function.
(G) EXPIRED DOMAIN NAME PURCHASES
For expired domains purchased from your account, within forty-eight (48) hours from the time the auction is completed, you are responsible for paying the winning bid amount plus one (1) year renewal or transfer fee (from the end of the domain name previous registration period) plus ICANN fee if required. or you agree that this fee will be charged to the current payment method associated with the account on the third day after the closing of the auction . If we do not receive payment, you may lose your right to purchase the domain name.
(H) ROUND THE DONATION FOR DONATION
By participating in the Round Up for Donation project, to the Crna Gora Hosting company; 1) the authority to make a donation in the amount you specify your own or 2) remaining in your payment of decimals , rounding to the nearest dollar value, decimals of sending 100% of the donations to a small business ( "donation"), you grant authority. Crna Gora Hosting ; At its sole discretion, it will take reasonable steps to ensure that your Donation is properly distributed to small businesses adversely affected by the COVID-19 outbreak, and will not prevent the collection of any Donations you make as part of the Round Up for Donation project. You agree that you cannot request any refunds or in-store credits for the Donation you send.
14. ADDITIONAL RIGHTS RESERVED
Crna Gora Hosting may deny, cancel, terminate, suspend, lock or access (or control) any Account or Service for any reason (at the sole discretion of Crna Gora Hosting ) , including but not limited to: ) has the right to change (including the right to cancel or transfer any domain name registration): (i) to correct errors made by Crna Gora Hosting during the provision or provision of Services (including domain name registration), (ii) any domain (iii) to support our efforts to detect and prevent fraud and abuse, (iv) court orders against you and / or your domain name or website; and to comply with relevant local, state, national and international laws; (v) to comply with law enforcement requests, including court orders, (vi) to comply with the dispute resolution process, (vii) to defend against any legal action or threat of legal action, whether ultimately justified or unfair, (viii) Crna Gora Hosting , Crna Gora Hosting officers, directors, employees, agents and business partners ( Crna Gora Hosting side including the situations you threatened that you or sue lawsuits, including but not limited to) in order to avoid civil or criminal liability related to or (ix) Crna Gora Hosting 'business activities, which could damage the reputation or other stakeholders, Responding to large volumes of complaints regarding content on your website or your Account or domains. Crna Gora Hosting expressly reserves the right to review all Accounts for excessive space and bandwidth usage and to cancel or charge additional fees for Accounts exceeding the permitted levels.
Crna Gora Hosting ; without notice to you, if Crna Gora Hosting belong to the party, Crna Gora Hosting and / or Crna Gora Hosting one of the employees if you harass or threaten reserves the right to terminate all services.
Crna Gora Hosting Contents : Excluding User Content, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and trademarks, service marks and logos within Contents of this Site and Services (" Crna Gora Hosting Contents ") are indefinitely owned or licensed by Crna Gora Hosting company and this content is copyright, trademark and / or patent protection in the USA and other countries and other intellectual property under the laws of the USA and other countries. covered by property rights. Crna Gora Hosting Content is presented to you "as is", "as is" and "with all errors", for your information, personal and non-commercial use, and the content may not be downloaded, copied, reproduced, distributed without the express written consent of Crna Gora Hosting . it may not be transmitted, broadcast, displayed, sold, licensed or otherwise misused for any purpose. No copyright, trademark, patent or other proprietary right or license is granted by this Agreement. Crna Gora Hosting , Crna Gora Hosting Contents of this site and all rights not expressly granted in this Agreement and the Services reserves, does not transfer the ownership of said rights.
15. NOT SUBMITTING SPAM; LIQUIDATED INDEMNITY
Spam Sent Failure : Spam do not allow to be sent. We constantly monitor the incoming and outgoing traffic of our web servers for spam messages and collect them in a spam complaint center to record spam messages . We put our customers, who we suspect, to use our products and services to send spam , to a complete inspection. If we decide there is a spam problem, we will take action to resolve the situation. Spam as UCE, Unauthorized Bulk E-mail (UBE) or Unauthorized Fax (Fax), which is an e-mail or fax sent to recipients for whom appropriate prior consent to receive such content for advertising or other purposes has not been obtained. we are accepting. These may include but are not limited to:
We do not allow the use of our servers and services for the purposes described above. To use our products and services, you must not only comply with all applicable laws and regulations, including the 2003 Can- Spam Act and the Phone Consumer Protection Act, but also this anti- spam policy. Advertisements and / or bulk e-mails or faxes can only be sent to recipients who are "subscribed to" receiving messages. These; It must include a valid return address and reply address, the sender's physical address, and an unsubscribe method in the footer of the email or fax. At our request, you may be required to provide conclusive proof of subscription for an email address or fax number.
If we detect that the account, products or services in question are being used for or in connection with spam , we may redirect, suspend or cancel any account, website hosting service, domain name registration, e-mail box or other related product or service. In such event, we may, at our option, charge you to respond to us with an email stating that you will stop spamming and / or that spam has been sent on your behalf and a non-refundable reactivation fee for reactivating the site, email boxes and / or services. . We recommend that all customers and users receiving e-mails generated by our products and services report any messages they suspect are spam . You can raise suspicions of abuse by e-mail or through our Spam Complaint Center on the web . Web: report abuse . Fixed Compensation. You acknowledge that , at our discretion, we may promptly delete Accounts that we believe have sent or linked to spam or unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, you agree to pay us $ 1.00 for each spam message or unsolicited bulk email sent from your Account or otherwise linked .
16. TRADEMARK AND / OR COPYRIGHT CLAIMS
Crna Gora Hosting supports the protection of intellectual property. If you wish to submit (i) an infringement claim regarding a brand for which you own valid registered trademark or service mark rights, or (ii) a copyright claim regarding a material in which you own a true copyright, please refer to the above mentioned Crna Gora Hosting Trademark and / or Copyright Find the Infringement Policy here .
17. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services on this Site may contain links to third party websites that are not owned or controlled by Crna Gora Hosting . Crna Gora Hosting assumes no liability for the content, terms and conditions, privacy policies or practices of third party websites. Also, Crna Gora Hosting does not censor or edit the content of third party websites. By using this Site or the Services available on this Site, you expressly release the Crna Gora Hosting service from any liability arising from your use of any third party website. Accordingly, Crna Gora Hosting , do not forget to review the terms and conditions, privacy policies and other applicable documents of each other website you may have visited when you leave this Site or the Services available on this Site.
18. STATEMENT AND DISCLAIMER OF WARRANTIES
YOU ARE PROVIDED THAT YOUR USE OF THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE IS AT YOUR OWN RISK AND THAT THE SITE AND THE SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". CRNA GORA HOSTING , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTY SERVICE PROVIDERS PRODUCT AVAILABILITY, MERCHANTABILITY, FOR A PARTICULAR PURPOSE UYGUNLUP AND VIOLATION IMPLIED, INCLUDING ANY WARRANTIES FOR THE NOT THE STATUS BUT NOT LIMITED TO LEGAL, EXPRESS AND IMPLIED DISCLAIM ALL WARRANTIES EDER. CRNA GORA HOSTING , ITS OFFICIALS, MANAGERS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE FOLLOWING: (I) THE ACCURACY OF THE INFORMATION ON THIS SITE, THE CONSIDERABILITY OR CONSTITUENT (SUBSTITUTE OR CONTENT) THE ACCURACY, INTEGRITY, OR CONTENT OF THE SITES AND / OR (III) ON THIS SITE OR CONNECTED TO THIS SITE (THROUGH THE BRIDGES AND ADVERTISEMENTS OR OTHERWISE) AND FOR THE SERVICES PLACED ON THE SITES AND FOR THESE SITUATIONS, CRNA GORAULUK .
ALSO, CRNA GORA HOSTING , ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (CALL CENTER OR CUSTOMER SERVICE, INCLUDING REPRESENTATIVES BUT NOT LIMITED TO NOT) AND OFFERED BY A THIRD PARTY SERVICE PROVIDERS ORAL OR WRITTEN INFORMATION OR ADVICE OF (THAT I), LEGAL OR FINANCIAL ADVICE NOT IN NATURE OR (II) THERE IS NO WARRANTY ABOUT THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE AND THAT USERS SHOULD NOT RELY ON THIS INFORMATION OR ADVICE.
THE DISCLAIMER AND WARRANTY DISCLAIMER SET FORTH ABOVE WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT IS TERMINATED OR YOUR USE OF THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE IS CURRENT.
19. LIMITATION OF LIABILITY
IN NO EVENT CRNA GORA HOSTING, AUTHORITIES, MANAGERS, EMPLOYEES, INTERMEDIATES AND ALL THIRD PARTY SERVICE PROVIDERS, EXCLUSIVELY, EXCLUSIVELY, EXCLUSIVELY, EXCLUSIVELY, EXCLUSIVELY, EXCLUSIVELY. OR WILL NOT BE LIABLE TO THE INSTITUTION: (I) THE ACCURACY, INTEGRITY, OR CONTENT OF THE INFORMATION ON THIS SITE, (II) THAT IS ATTACHED TO THIS SITE (BY THE BRIDGE AND ADVERTISEMENTS, OR BY THE SITE, OR OTHERWISE) SERVICES AVAILABLE ON SITES (THROUGH BRIDGES AND ADVERTISEMENTS OR OTHERWISE), (IV) ANY PERSONAL INJURY OR PERSONAL DAMAGE, (V) ALL KIND OF THIRD PARTY BEHAVIORS AND ORGANIZATIONS, (VI) ACCESS OR USE OF PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION, (VII) ON THIS SITE OR CONNECTED TO THIS SITE (THROUGH THE BRIDGE AND ADVERTISEMENTS OR OTHERWISE) SERVICE INTERRUPTION THAT MAY BE EXPERIENCED ON THE SITES, (VIII) ANY VIRUS, SOLUCAN, HACUAX, ANYWARDS, AREAS, ANATHERS, ANATHERS, ANATHERS, EARLY, TRUCHY, ANYTHES THAT MAY BE TRANSMITTED ON THIS SITE OR CONNECTED TO THIS SITE (THROUGH BRIDGES AND ADS OR HAZARDOUS FOR CLASS OF PROTECTION UNDER PORNOGRAPHIC, OVER 18 YEARS OLD, EXPLICIT OR OTHERWISE OBJECTION MAY BE SUBJECT TO ANY USER CONTENT OR ITS CONTENTS AND / OR (X) WARRANTY, CONTRACT, TORT OR EQUIVALENT CLAIM IS BASED IS AND CRN GORE HOSTING SUCH SIDE ANY DAMAGE OR DAMAGE THAT MAY ARISE AS A RESULT OF THE USE OF THIS SITE OR THE SERVICES INCLUDED IN THIS SITE, REGARDING THAT THAT SUBJECT DAMAGES MAY OCCUR.
YOU ALSO AGREE AND AGREE THAT THE TOTAL LIABILITY OF CRNA GORA HOSTING WILL NOT EXCEED US $ 10,000.00 IN NO EVENT .
THE LIMITATION OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT IS TERMINATED OR YOUR USE OF THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE END.
20. INDEMNITY
Crna Gora Hosting party and its officers, directors, employees, agents, and third party service providers, directly or indirectly, from any claims, demands, expenses, expenses, losses, liabilities or damages (including but not limited to reasonable attorney fees). You agree to protect, defend, indemnify and prevent damage to Crna Gora Hosting from: (i) your use of and access to this Site or the services on this Site; (ii) your violation of the terms of this Agreement or the policies or agreements contained herein; and / or (iii) your violation of third party rights, including but not limited to intellectual property or other proprietary rights. The indemnification obligations in this section will survive termination or expiration of this Agreement or your use of this Site or the Services on this Site.
21. COMPLIANCE WITH LOCAL LAWS
Crna Gora Hosting does not make any representations or warranties that the content available on this Site or the Services on this Site is appropriate for each country or jurisdiction, and that access to this Site or the Services on this Site is prohibited from countries or jurisdictions where it is illegal. . Users accessing this Site or the Services on this Site are responsible for complying with all local laws, rules and regulations.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND GROUP ACTIONS AND GROUP ARBITRATION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IF YOU WANT TO DISCLAIM THE PROVISIONS THAT REQUIRE YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, FOLLOW THE INSTRUCTIONS BELOW.
(A) Disputes. The terms of this Section will apply to all Disputes between you and Crna Gora Hosting, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy noted above and found here . For the purposes of this Section, the "Dispute" is against any Crna Gora Hosting Service or Product, Crna Gora Hosting websites, these Terms, or any transaction with you, based on tort, law, statute, regulation, regulation or other legal or fair grounds. Any dispute, claim or action between you and Crna Gora Hosting arising out of or relating to them will be interpreted in the broadest sense permitted by law. YOU AND CRNA GORA HOSTING DEFINED IN THESE TERMS OF THE "DISPUTE" BY YOU OR CRNA GORA HOSTING OF (İ) TRADE MIRACLE, (GI) PATENT VIOLATION, (GOVERNMENT AND INSURANCE) COPYRIGHT INFRINGEMENT IT WILL NOT INCLUDE ANY CLAIM OR CASE FOR ITS USE. Also, this evil , even if an increase in provisions to the contrary, you agree that this is not a claim of whistle entered into one of four exceptions that can be decided by a court.
(B) Binding Arbitration. You and Crna Gora Hosting agree to: (i) arbitrate all Disputes between the parties pursuant to the provisions of these Terms; (ii) these Terms follow business between states; (iii) The Federal Arbitration Act (9 USC §1, et seq .) governs the interpretation and enforcement of this Section, and (iv) this Section will survive termination of these Terms. ARBITRATION MEANS THAT YOU HAVE WAIVED YOUR RIGHTS TO AN ARBITRATOR OR JURY IN A CASE REPORT AND YOUR REASONS TO APPEAL ARE LIMITED. The arbitrator may indemnify you for the same damage as a court of appropriate jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement, and only to the extent necessary to provide the remedy guaranteed by that party's individual claim, in favor of the party seeking remedy. it can provide a declarative or cautious remedy. Additionally, in some cases, arbitration costs may exceed the cost of the case, and the right of discovery may be more limited in arbitration than in court. The arbitral award will be final and enforceable by any court that has jurisdiction over the parties.
(C) Small Claims Court. Even if there is a provision contrary to the above clauses, it is possible for you to take an individual action in the small claims courts of your state or municipality if you have legal proceedings within the jurisdiction of the court and only in court.
(D) Dispute Notice. In the event of a Dispute, you or Crna Gora Hosting must first send a written Dispute notice ("Notice of Dispute") stating the name, address and contact details of the party giving the notice to the other party and the events leading up to the Dispute and the requested resolution. Notice of Dispute for Crna Gora Hosting should be sent to: Crna Gora Hosting , 14455 N. Hayden Rd ., Scottsdale , AZ 85260, Attn .: Legal Department (“ Crna Gora Hosting Notice Address”). The Notice of Dispute will be sent to you by certified mail to the most recent address on file or in our records. If you do not reach an agreement to resolve the Dispute with Crna Gora Hosting within sixty (60) days of receipt of the Dispute Notice, you or Crna Gora Hosting may initiate an arbitration pursuant to this Section. Upon transmission and receipt of the Dispute Notice, both parties agree to act in good faith to resolve the Dispute before resorting to arbitration.
(E) GROUP ACTIONS AND GROUP ARBITRATION WAIVER. YOU AND CRNA GORA HOSTING, INCLUDING BUT NOT LIMITED TO FEDERAL ORGANIZATIONS, WILL BE SUBJECT TO THE OTHER PARTY SUCH CLASS ACTION OR REPRESENTATIVE CLAIM, NOT AS A MEMBER OF THE CLAIM. YOU WILL NOT ATTEMPT TO RESOLVE DISPUTES WITH THE CRNA GORA HOSTING GROUP CASE, THE SPECIAL LAWYER GENERAL CASE, OR ANY OTHER KIND OF CASE WHERE ANY OF THE PARTIES WILL ACT AS REPRESANTATIVE NO ARBITRATION OR OTHER ACTION CAN BE COMBINED WITH THE FIRST WRITTEN CONSENT OF ALL PARTIES FOR ALL AFFECTED ARBITRATIONS OR ACTIONS.
(F) Arbitration Procedure. If either party chooses to initiate arbitration, the arbitration is administered by the American Arbitration Association (“AAA”) and is governed by the AAA Consumer Arbitration Rules (“AAA Rules”) in line with the rules set forth in these Terms, although the parties may agree that the arbitration is limited to the resolution of individual claims. AAA cannot administer more than one claimant or group arbitration, as it agrees to do so. You can find the AAA Rules at www.adr.org or call 1-800-778-7879. In the event of a conflict between the AAA Rules and the rules set out in these Terms, the rules set out in these Terms will prevail. During arbitration, you may seek all available solutions under federal, state or local laws, limited to the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes are resolved by a single neutral arbitrator, and both parties have a reasonable chance to participate in the arbitrator's selection. The arbitrator is bound by these Terms. The arbitrator (not any federal, state, or local court or agency) to resolve any dispute regarding the interpretation, applicability, or occurrence of these Terms, including but not limited to claims that all or any part of these Terms are void or void will have special authority on the subject. The arbitrator will also have special authority to decide on his own jurisdiction, including any objection to the existence, scope or validity of the arbitration agreement or the arbitrability of the claim or counterclaim. Despite this wide-ranging delegation to the arbitrator, a court can clarify whether an allegation or cause of action is for: (i) commercially disguised misconduct, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) ) trademark infringement or dilution of the trademark removed from the above definition of "Disputes". The arbitrator will have the power to give any remedy available by law or in an equal court. The arbitral award is binding on the parties and can be entered as a judicial remedy in any court of competent courts. You can choose to attend arbitration hearings by phone . Non-telephone arbitration hearings will be held at a location reasonably accessible from your primary place of residence (or main place of business if you are a small business) or optionally in Maricopa County , Arizona .
(G) Initiating Arbitration Proceedings. If you or Crna Gora Hosting decide to arbitrate a Dispute, we consent to the following procedure:
iii. Send a copy of the Request for Arbitration to the same address to which the Notice of Dispute was sent to the other party, or to another address agreed by the parties.
(H) Hearing Format. In all hearing formats, the referee issues a written decision describing the important findings and conclusions on which a quantity, if any, is based. During arbitration, Crna Gora Hosting or compromise any amount of your bid made by you, the referee Crna Gora Hosting or will not be disclosed until the judge determines that the amount of your liability. The discovery or exchange of non-privileged information regarding the dispute may be permitted during the arbitration.
(I) Arbitration Fees and Payments.
iii. Disputes involving any amount. For each arbitration you initiate, Crna Gora Hosting will only require the AAA or arbitrator's fees and expenses, or your litigation fees, if the arbitrator determines the arbitration is unimportant or makes an improper proposal. When Crna Gora Hosting initiates any arbitration , Crna Gora Hosting will pay all filing, AAA and arbitrator's fees and expenses. Crna Gora Hosting will not ask you for its attorney's fees or expenses in any arbitration . Fees and expenses are not included in determining the amount in disputes.
(J) Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in case of small claims or arbitration. The one-year period begins when the Claim in Dispute or claim can be brought to the first case. If not filed within a year, the claim or dispute is permanently blocked.
(K) 30 Day Withdrawal Period. DO NOT WISH TO BE BOUND BY ARBITRATION PROVISION ON SECTION OF THIS DISPUTES IN THESE TERMS, DO NOT ACCEPT YOUR FOLLOWING 30 DAYS (APPLICABLE LAW UNDER MORE TIME DO NOT NEED) LEGALOPTOUT @ CRNAGORAHOSTING.NET ADDRESS E-MAIL BY SUBMITTING CRNA GORA HOSTING MUST NOTIFY THE PARTY. In the e-mail, you must include (a) your name, (b) your surname (c) your address, (d) your telephone number and (e) your account numbers and the following: " I have waived my right to provide arbitration under the Crna Gora Hosting Universal Terms of Service Agreement." By providing your information with the above method, you are leaving the arbitration agreement contained in the Crna Gora Hosting Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of accepting the Universal Terms of Service. If you opt out of the contract in accordance with the above-mentioned procedure, the other conditions herein will continue to apply, including those relating to the applicable regulations and courts where legal disputes may arise.
(L) Changes to This Section. You and Crna Gora Hosting will notify you in the event of future changes (other than a change in Crna Gora Hosting address) of the dispute resolution procedure and class action waiver provisions with Crna Gora Hosting , without conflict with any provisions of these Terms, and that Crna Gora Hosting will notify you and You acknowledge that you may opt out of such changes within thirty (30) days from the date. If you opt out of future changes, you agree that you will resolve any dispute between us in accordance with the language of this Section without any of the proposed changes as set out in these applicable Terms. If you do not opt out of future changes, you are deemed to have accepted any of the future changes.
(M) Severability : If any provision of this Section is found to be unenforceable, that provision will be severed with the remainder of these Terms in full force and effect. The above clauses do not apply to arbitration against class or delegate action; If the prohibition against class or representative proceedings is found to be unenforceable, the entire Section will be invalidated. The terms of this Section will survive termination of these Terms.
(N) Special Venue for Other Disputes : Crna Gora Hosting and you are solely responsible for any dispute that is excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than individual litigation in small claims courts) only in the High Court of Arizona Maricopa County or Arizona Territory in the United States. You agree that it will be heard in Court, and both parties acknowledge and agree that the exclusive jurisdiction of the courts against these disputes is irrevocable and unconditional. You also agree to waive the jury's right to jury in any transaction or case.
23. UNOUNCHED PROPERTIES; EMPTY STOP FEES
If a customer for any reason has an outstanding balance (a credit creditor balance) for three (3) years or more and (i) is unable to issue payment to that customer, or (ii) Crna Gora Hosting has issued payment to that customer in the form of a paper check but a check If it has never been redeemed, we inform you that the Crna Gora Hosting service will deliver the said account balance to the State of Arizona in accordance with state laws. In the case of (i) or (ii) above , you acknowledge and agree that the Crna Gora Hosting service may charge an inactivity fee equal to $ 25.00 or the total outstanding account balance associated with that particular customer, whichever is less
24. ARCHES AND ASSIGNMENTS
This Agreement will be binding and in force for the benefit of the two parties mentioned herein and their respective successors, successors and appointments.
25. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement will be deemed to confer any third party right or advantage.
26. USA EXPORT LAWS
This Site and the Services on this Site are subject to the export laws, restrictions, regulations, and administrative affairs established by the United States Department of Commerce, the Department of Treasury Office of Foreign Assets Control (" OFAC "), the Department of State, and other United States authorities (collectively, "" US Export Laws ”). Users may not use the Services on this Site to collect, store or transmit data under the control of the US Export Laws. Users may not export or re-export or permit their export or re-export of Services on this Site in violation of US Export Laws. It may not export or re-export or permit its export or re-export in violation of Export Laws. None of the Services on this Site may be downloaded or exported or re-exported to: (i) countries (or citizens or residents of that country) to which the United States has imposed a trade embargo; or (ii) the U.S. Treasury Department's List of Specially Designated Citizens or anyone listed on the US Commerce Department's Denied Persons List or prohibited persons under US Export Laws. By using this Site and the Services on this Site, you agree to the above terms and declare that you are not a citizen or resident of any restricted country, or that you are not resident or under the control of those countries. You also agree to comply with all US Export Laws (including "anti-boycott", "considered export" and "considered re-export" regulations). If you access this Site or the Services on this Site from other countries or jurisdictions, you do so on your own initiative and it is your responsibility to comply with applicable local laws and make sure that these laws do not conflict with US Export Laws. If these laws conflict with the US Export Laws, you may not access this Site or the Services contained on this Site. The obligations in this section will survive termination or expiration of this Agreement or your use of this Site or the Services on this Site.
27. TITLES AND HEADINGS; INDEPENDENT COMMITMENTS; SEPARABILITY
The headings of this Agreement are provided for convenience and ease of reference only and will not be used to describe or interpret the parties' agreement in any way not specified herein. Each provision and contract in this Agreement will be reviewed for all purposes as a separate and independent provision or contract. If a court of jurisdiction finds that any provision (or part of a provision) of this Agreement is unlawful, void or unenforceable, the other provisions (or portions of its provisions) of this Agreement will not be affected and will be valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact us by email or postal mail at the following addresses:
Crna Gora Hosting Legal Department
Jadranski Put BB.
Budva / MONTENEGRO, 85310
legal@crnagorahosting.net
DATA PROCESSING ADDITIONAL AGREEMENT
Last Updated: 21.10.2020
This Data Processing Supplemental Agreement (this "Supplemental Agreement" ) is between crnagorahosting.net , Doo and its Partners (" CrnaGoraHosting ") and you (the "Customer" ), and the Universal Terms of Service , Privacy Policy and all Covered Services (collectively, the "Service" Conditions ” ) and completes these articles. Unless otherwise specified in this Addendum, all capitalized terms not defined in this Addendum will have the meanings assigned to them in the Terms of Service.
" Partners " crnagorahosting with the common control, or monitor applications monitored by means of any asset.
" CCPA " means the California Consumer Privacy Act (Cal. Civ . Code 1798.100 et seq .), And includes any amendments and applicable regulations in that law that are valid on or after the date this Data Processing Supplemental Agreement enters into force. .
“ Covered Services ” All services we offer to you, which may include the Processing of Personal Data .
“Customer Data ” is all Data Subject Personal Data Processed by CrnaGoraHosting , within the CrnaGoraHosting Network, on behalf of the Customer, following or in connection with the Terms of Service .
“ Data Controller ” means the Customer as the entity that determines the purposes and methods of Processing Personal Data.
“ Data Processor ” means the entity CrnaGoraHosting as the entity processing Personal Data on behalf of the Data Controller or the service provider, the term defined by the CCPA .
" Data Protection Laws "; Means all data protection or privacy laws and regulations applicable to the Processing of Personal Data under contract, including the following laws and regulations: CCPA (California Consumer Privacy Act), (ii) GDPR (General Data Protection Regulation), (iii) EU e-Privacy Directive (Directive 2002/58 / EC), (iv) (ii) or (iii) all national data protection laws applied under or pursuant to them, (v) Swiss Federal Data Protection Act and Relevant Decree of 19 June 1992 and (vi) with respect to the United Kingdom , the 2018 Data Protection Act 2018 and any applicable legislation, GDPR or any other law on data and privacy that have been changed or transformed under local law as a result of the UK 's departure from the European Union.
" Data Subject "; Means the person to whom the Personal Data is related.
" EEA " means the European Economic area.
" GDP is ", the European Parliament and the Council approved by 27 April 2016 (EU) 2016/679 No. The Regulation, said the free circulation of data with the processing of personal data and Directive 95/46 / EC repealed in that Directive (General Data Protection Regulation ) concerns.
" Crnagorahosting Network , crnagorahosting owned and crnagorahosting under the control of the company and data center facilities used to provide covered services, servers, network equipment and hosting are the software systems (eg. Virtual firewalls).
“ Personal Data ” means any information relating to a person or household that has been or can be identified under the Data Protection Laws.
" Processing "; By means of collecting, recording, organizing, structuring, storing, adapting or modifying, retrieving, consultation, use, notifying by transmission, dissemination or making available for use, alignment or consolidation, restriction, deletion or destruction on Personal Data, means any transaction or set of operations performed on Personal Data, whether by automated means or not. The terms "transaction", "transactions" and "processed" will be interpreted accordingly. Processing details are set out in Appendix 1.
“ Security Incident ” (a) breach of CrnaGoraHosting Security Standards security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to any Customer Data ; or (b) any unauthorized access to CrnaGoraHosting equipment or facilities, in either case resulting in the destruction, loss, unauthorized disclosure or alteration of Customer Data .
“ Security Standards ” means the security standards attached to this Addendum as Annex 2.
" Standard Contractual Clauses " or SCCs means Annex 3, which has been added to and forms part of this Supplemental Agreement pursuant to the European Commission Decision of 5 February 2010 on standard contractual provisions for the transfer of personal data to processors established in third countries according to the Directive.
" Subprocessor " means any Data Processor contacted by the Processor to Process data on behalf of the Data Controller.
2.Data Processing
2.1 Scope and Roles. This Supplemental Agreement is valid when Customer Data is processed by CrnaGoraHosting . In this context, CrnaGoraHosting will assume the role of Data Processor on behalf of the Customer as Data Controller within the scope of Customer Data.
2.2 Data Processing Details. The processing of Customer Data by CrnaGoraHosting is the performance of the Covered Services under the Terms of Service and product specific agreements . CrnaGoraHosting will only Process Customer Data in accordance with the instructions documented by the Customer and for the following purposes: (i) Processing in accordance with the Terms of Service or the relevant product specific contract; (ii) Processing initiated by End Users in the use of the Covered Services; (iii) Other documented, reasonable instructions provided by Customers (eg via e-mail) processing where such instructions are consistent with the terms of the Agreement. CrnaGoraHosting company will: (a) not process, retain, use, sell or disclose Customer Data except as required by the Terms of Service or required by law to provide the Covered Services; (b) will not sell such Customer Data to any third party; (c) retain, use or disclose such Customer Data outside of a direct business relationship between CrnaGoraHosting and Customer.
For the avoidance of doubt, the Customer's instructions regarding the Processing of Personal Data will comply with applicable data privacy laws. The sole responsibility for the accuracy, quality and legality of Personal Data belongs to the Customer. In the event that the instructions provided by the Customer violate the Data Protection Laws, CrnaGoraHosting will not be obliged to comply with or comply with such instructions. The duration of the Processing, the nature and purpose of the Transaction, the types of personal data and the categories of Data Subjects processed under this Annex are specified in more detail in Annex 1 ("Details of the Processing") to this Supplement.
CrnaGoraHosting will not disclose Customer Data to any government or other third party except as required by law or to comply with a valid and binding order of the law enforcement agency (such as subpoena or court order). In the event that CrnaGoraHosting company obtains a valid public court order and to the extent permitted, CrnaGoraHosting ; He will endeavor to communicate his request to the Client by reasonable notice by e-mail or physical mail to allow the Client to take a protective order or other appropriate remedy.
4.1 CrnaGoraHosting has implemented and maintains technical and organizational measures for the CrnaGoraHosting Network as described in this Section and, more specifically, in Annex 2, Security Standards, to this Supplementary Agreement . In particular, CrnaGoraHosting company has implemented and maintains technical and organizational measures addressing the following issues : (i) security of the CrnaGoraHosting Network ; (ii) physical security of facilities; (iii) controls over employee and contractor access to (i) and / or (ii) ; and (iv) the processes for testing, measuring and evaluating the effectiveness of technical and organizational measures implemented by CrnaGoraHosting . If we are unable to fulfill any of the obligations set forth herein, we will provide a written notice (via our website and e-mail) as soon as possible.
4.2 CrnaGoraHosting provides a number of security features and functionality that the Customer can choose to use in relation to the Covered Services. Customer is responsible for: (a) properly configuring the Covered Services, (b) using existing controls in connection with the Covered Services (including security controls) to ensure the continued confidentiality, integrity, availability, and resilience of the systems and services , (c) a physical or technical event using existing controls (e.g., routine backup and archiving of Customer Data) in connection with the Covered Services (including security controls) to ensure the availability and timely accessibility of Customer Data, and (d) the use of encryption technology to protect Customer's Customer Data from unauthorized access; and Taking these steps deemed sufficient to ensure appropriate security, protection and deletion of Customer Data, which includes measures to control access rights to Customer Data.
5.Data Subject Rights
Considering the nature of the Covered Services , CrnaGoraHosting provides specific controls as described in the Security section of this Supplemental Agreement, which the Customer can choose to use to receive, correct, delete or restrict the use and sharing of Customer Data as described in the Covered Services. The Client may use these controls as technical and organizational measures to assist in connection with its obligations under applicable privacy laws, including its obligations to respond to requests from Data Subjects. To the extent it is commercially reasonable and legally required or permitted, CrnaGoraHosting will promptly notify Customer if CrnaGoraHosting receives a direct request from a Data Subject to exercise these rights under applicable data privacy laws (“Data Subject Request”). In addition, where Customer's use of the Covered Services limits the ability to handle a Data Subject Request, CrnaGoraHosting may, at Customer's specific request, provide commercially reasonable assistance (if any) in handling the request, as legally permitted and appropriate.
6.1 Authorized Subprocessors. Customer agrees that CrnaGoraHosting may use Subprocessors to provide certain services, such as fulfilling contractual obligations contained in the Terms of Service and this Supplemental Agreement, or providing support services on its behalf. Customer consents to CrnaGoraHosting using Subprocessors as described in this Section. CrnaGoraHosting will not permit any other downstream processing activities , except as stated in this Section or as expressly authorized by you.
6.2 Subprocessor Obligations. Chapter 6. 1 as described crnagorahosting in case of use of authorized sub-processor by:
(i) CrnaGoraHosting will restrict the Subprocessor's access to Customer Data only to those required to maintain the Covered Services or to provide the Covered Services to the Customer and End Users in relation to the Covered Services. CrnaGoraHosting prohibits the Subprocessor from accessing Customer Data for any other purpose;
(ii) CrnaGoraHosting will enter into a written agreement with the Subprocessor and to the extent that the Subprocessor performs the same data processing services provided by CrnaGoraHosting under this Annex, CrnaGoraHosting will apply to the subprocessor the same contractual obligations CrnaGoraHosting has under this Annex ; and
(iii) crnagorahosting of this Annex and obligations of the contract crnagorahosting of companies crnagorahosting for causing it to breach any of its obligations under this Addendum the Old Handler is responsible for any action or omission.
6.3 New Subprocessors . From time to time, we may make use of new Subprocessors subject to the terms of this Addendum. In this case, we will provide 60 days' notice (via our website and email) of a new Subprocessor acquiring any Customer Data. If the Client does not approve a new Subprocessor, the Client may terminate without penalty within 10 days or after receiving notice from us by providing an expiration written notice explaining your reasons for not approving any Included Services. If the Included Services are part of a package or a product purchased in a bundle, termination will apply to the entire package.
7.Security Breach Notification
7.1 Security Incident : In the event that CrnaGoraHosting party notices the Security Incident, CrnaGoraHosting will without delay: (a) Inform the Customer about the Security Incident ; and (b) Take reasonable steps to minimize the impact of any damage caused by the Security Incident .
7.2 crnagorahosting Support : Customer's current that have to do under any privacy legislation to help customers regarding any personal data breach notification crnagorahosting , Covered Services nature, crnagorahosting consideration any restrictions, such as confidentiality with respect to the disclosure of the company presented information and information will include information regarding the Security Incident , which CrnaGoraHosting company can reasonably share with the Customer, in the said notification.
7.3 Failed Security Incidents : Customer agrees to:
(i) A failed Security Incident will not be subject to the terms of this Addendum. A failed Security Incident is Security Incidents that do not cause any unauthorized access to the Network, equipment or facilities of the CrnaGoraHosting company that stores Customer Data or Customer Data , and ping and other broadcast attacks, port scans, failed login attempts, denial of service attacks, on firewalls or edge servers , may include, but are not limited to, packet filtering operations (or unauthorized access to traffic data by other means so as not to reach beyond headers) or similar events; and
(ii) crnagorahosting company to report a Security Incident under this Section or answering obligation, crnagorahosting any defects or safety related incident by crnagorahosting will not be accepted and shall not be interpreted as a confirmation of liability.
7.4 Communication : If applicable, Notification of Security Incidents will be delivered to one or more of the Customer's managers by any means CrnaGoraHosting chooses , including via email . It is the Customer 's sole responsibility to ensure that the customer administrators maintain correct contact information about the CrnaGoraHosting management console and that the transmission is always secure.
8.1 Independent Determination : The Customer is responsible for reviewing the information provided by CrnaGoraHosting company regarding data security and Security Standards and making an independent determination as to whether the Covered Services fulfill the Customer's requirements and legal obligations, as well as the Customer obligations under this Supplemental Agreement. The information provided is intended to assist the Client in complying with the Customer's own obligations under applicable privacy laws, including the GDPR, regarding data protection impact assessments and prior consultation.
8.2 Client Control Rights : The Client has the right to certify CrnaGoraHosting company's compliance with this Addendum as applicable to the Covered Services; this includes exercising a reasonable right to conduct an audit or audit, including in particular CrnaGoraHosting 's compliance with Safety Standards; also, applications include making a specific request to CrnaGoraHosting , in accordance with the Standard Contractual Clauses, in writing to the address specified in the Terms of Service . If CrnaGoraHosting refuses to follow any requested instructions regarding an audit or inspection requested and audited by the Customer, Customer has the right to terminate these Supplemental Agreement and Terms of Service. If the Standard Contractual Clauses apply, nothing in this Section changes the Standard Contractual Clauses or affects the rights of the supervisory board or data subject under the Standard Contractual Clauses. This Section will also apply as long as CrnaGoraHosting carries out control of Subprocessors on behalf of the Customer.
9.Transfer of Personal Data
9.1 USA Location Processing : Except as specifically stated in the Terms of Service, Customer Data will be transferred outside of the EEA and processed in the United States.
9.2 Application of Standard Contractual Clauses : Standard Contractual Clauses will apply to Customer Data transferred outside the EEA, in the form of direct or onward transfer, to any country not recognized by the European Commission, providing adequate protection for Personal Data. Standard Contractual Clauses will not apply to Customer Data that is not transferred directly or by onward transfer outside the EEA . Notwithstanding the above, Standard Contractual Clauses; It will not apply in cases where Personal Data outside the EEA is transferred in accordance with the recognized compliance standard for legal transfer, such as required for the performance of the Covered Services pursuant to the Terms of Service or your consent.
This Addendum will remain in effect until the termination of our transaction pursuant to our Terms of Service (“ Termination Date ”).
As described in the Covered Services, the Customer may be provided with controls that can be used to retrieve or delete Customer Data. Deletion of Customer Data will be subject to the terms of these Covered Services.
The obligation of each party under this Addendum will be subject to the exceptions and limitations of the obligations set forth in the Terms of Service. The Customer may be liable for legal penalties issued by CrnaGoraHosting company in relation to Customer Data due to the Customer's failure to fulfill its obligations under this Supplemental Agreement ; and any applicable privacy law will reduce and reduce the liability of CrnaGoraHosting under the Terms of Service , as is the responsibility of the Customer's Terms of Service .
This Supplemental Agreement is between the Customer and CrnaGoraHosting , in writing or verbally, between CrnaGoraHosting and the Customer; including any data processing attachments where a decision is made regarding the processing of personal data and the free movement of such data. It supersedes and supersedes any previous or simultaneous representation, understanding, agreement or communication relating to the subject matter of this Supplemental Agreement. Except as modified by this Addendum, the Terms of Service will remain in full force and effect. If there is a conflict between the Terms of Service and any agreement between the parties, including this Addendum, the terms of this Addendum will prevail.
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Annex 1
PROCESSING DETAILS
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Annex 2
Safety Standards
We are committed to protecting our customers' information. Considering best practices, implementation costs and the nature, scope, conditions and objectives of the processing, as well as the different likelihood of occurrence and seriousness of the risk to the rights and freedoms of natural persons, we take the following technical and organizational measures. Confidentiality, integrity, usability and flexibility of the systems are also taken into consideration while choosing the measures . A quick recovery is guaranteed after a physical or technical event.
Our Data Privacy Program was established to protect the global data management structure and to ensure information security throughout its life cycle. This program is run by the office of the data protection officer, which oversees the implementation of privacy practices and security measures. We regularly test the effectiveness of the Data Privacy Program and Security Standards.
We use a variety of physical and reasonable measures to protect the privacy of our customers' personal information. These measures include:
Physical Security:
Access Control and Prevention of Unauthorized Access:
Encryption:
Data Minimization:
Security Test:
In addition to access controls, appropriate modification and daily management controls are in place to maintain the integrity of personal data, such as:
Change and Waiver Management
Logging and Monitoring
We implement appropriate continuity and security measures to maintain the availability of the services and the data contained in these services:
4 . Data Processing Instructions. "The Data Processing Instructions guarantee that personal data will only be processed in accordance with the instructions of the data controller and the relevant company measures"
We have established internal privacy policies and contracts, and we organize regular privacy trainings to ensure that employees' personal preferences are processed in line with the customer's preferences and instructions.
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Annex 3
See section 9.2 of the Supplemental Agreement for the applicability of these SCCs .
Standard Contractual Clauses (processors)
In accordance with Article 26 (2) of Directive 95/46 / EC for the transfer of personal data to processors established in third world countries that do not provide an adequate level of data protection.
Entity defined as "Customer" in the Supplemental Agreement
(" data exporter" )
and
CrnaGoraHosting .com, Doo
(The " data importer" )
each "party" together "parties",
AGREED on the following Contractual Provisions (Conditions) in order to provide the data exporter with adequate safeguards regarding the protection of privacy and the protection of the fundamental rights and freedoms of individuals by the party receiving the personal data specified in Annex 1.
Article 1
Definitions:
For the purposes of these Articles:
(a) "personal data", "special data categories", "processing / processing", "auditor", "processor", "data owner" and "supervisory board" Protection of individuals in relation to the processing of personal information and the free movement of these data. will have the same meaning as Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995;
(b) "data exporter" means the party that controls the transfer of personal data;
(c) the "data importer" agrees to receive from the personal data of the data exporter prepared to act on its behalf, after the transfer in accordance with the provisions of the instructions and the Terms, and provides adequate protection in accordance with Article 25 (1) of Directive 95/46 / EC. means a processor not subject to a third country's system;
(d) "Sub-processor" , on behalf of the data exporter, who agrees to receive the data from the sub-processor of the receiving party or from the party receiving the data, only for the processing activities to be carried out after the data transfer in accordance with the instructions, the provisions of the Articles and the articles of the written sub-contract. means the processor whose services are used by the party or subprocessor of the party receiving the data;
(e) “applicable data protection law” means the legislation protecting the fundamental rights and freedoms of individuals and in particular the privacy rights with regard to the processing of personal data applied to a data controller in the Member State in which the data exporter is created;
(f) "Technical and organizational security measures" are measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the transaction involves data transmission over a network and protection against all other illegal forms of transaction. It means.
Article 2
Details on transfer
The details of the transfer, and particularly where applicable, specific categories of personal data are set out in Annex 1, which forms an integral part of the Articles.
Clause 3
Third party beneficiary clause
3.In cases where both the data exporter and the data importer do not actually disappear or cease to exist under the law, unless the data subject assumes all legal obligations of the sub-processor from the contract or the functioning of the law, this Clause, Clause 5 (a) - (e) and (g) can be applied against the data importer of Articles 6, 7, 8 (2) and 9 - 12, as a result, the data exporter assumes its rights and obligations, in which case the data subject takes them against such an asset. can apply. Such third party liability of the sub-processor will be limited to its own processing operations under the Terms.
Clause 4
Obligations of the data exporter
The data exporter agrees and warrants the following items:
(a) The processing, including the transfer of personal data itself, is and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and where applicable, notified to the relevant authorities of the Member State in which the data exporter is located) and does not violate the relevant provisions of that State. ;
(b) During the personal data processing services, it instructs and directs the data importer to process only the personal data transferred on behalf of the data exporter and in accordance with the applicable data protection law and Articles;
(c) the data importer shall provide adequate guarantees regarding the technical and organizational security measures specified in Annex 2 to this contract;
(d) After consideration of the requirements of applicable data protection law, security measures are particularly suitable for protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access; against the network and all other forms of illegal processing and these measures provide a level of security appropriate to the nature of the data to be protected according to the risks posed by the processing and the state of the technology and their cost;
(e) Ensure compliance with security measures;
(f) If the transfer involves special categories of data, the data subject is informed or informed that the data may be transferred to a third country that does not provide an adequate level of protection under Directive 95/46 / EC, either earlier or as soon as possible;
(g) If the data exporter decides to continue the transfer or suspend, forwarding to the data protection supervisor any notification received from the data importer or sub-processor pursuant to Clause 5 (b) and Clause 8 (3);
(h) Unless the Articles or the contract contain commercial information (in which case such commercial information may be deleted), providing the data subject with a copy of the Articles other than Annex 2 and a summary description of the security measures, as well as a contract for sub-processing services that must be performed in accordance with the Articles. provide a copy of it;
(i) In the case of sub-processing, the transaction activity is carried out by a sub-processor that provides at least the same level of protection for personal data and the data rights subjected as the data importer under Article 11, in accordance with Article 11; and
(j) Comply with Articles 4 (a) to (i).
Article 5 1 .
Obligations of the data importer
The data importer agrees and warrants the following items:
(a) to process personal data only on behalf of the data exporter and in accordance with its instructions and Articles; If for any reason it cannot achieve such compliance, it agrees to immediately notify the data exporter of its incompatibility, in which case the data exporter has the right to suspend the data transfer and / or terminate the contract;
(b) There is no reason to believe that the applicable legislation may prevent the data exporter from fulfilling their obligations under the contract and, in the event of a change in that legislation that is likely to have a significant adverse effect, that could prevent its implementation. As soon as the informed party becomes aware of the warranties and obligations provided by the articles, as soon as the informed party becomes aware, in this case the data exporter has the right to suspend the data transfer and / or terminate the contract;
(c) Applied the technical and organizational security measures specified in Annex 2 before processing the personal data transferred;
(d) It will immediately inform the data exporter of:
(i) Any legally binding request for disclosure of personal data by a law enforcement authority, unless otherwise prohibited, such as a criminal law prohibition to protect the confidentiality of a law enforcement investigation,
(ii) Any accidental or unauthorized access, and
(iii) Unless authorized otherwise, any request received directly from the data subject without responding to that request;
(e) To promptly and appropriately address all questions from the data exporter regarding the processing of the transferred personal data and to comply with the advice of the supervisory board regarding the processing of the transferred data;
(f) The data exporter, at the request of the data processing facilities to audit the transaction activities to be carried out by the data exporter, is performed by the data exporter or an audit body consisting of independent members and has the necessary professional qualifications, in agreement with the supervisor, selected by the data exporter. a duty of confidentiality;
(g) Providing a copy of the Substances to the data subject upon request, with the exception of Annex 2, which will be replaced by a brief description of the security measures where the data subject is unable to obtain a copy from the data exporter, unless the Articles or contract contain commercial information (in which case such commercial information may be deleted). or to provide any existing contracts for subprocessing;
(h) In the case of sub-processing, it informs the data exporter in advance and obtains its prior written consent;
(i) The subprocessor will perform processing services in accordance with Clause 11;
(j) Immediately send a copy of any subprocessor agreement to the data exporter in accordance with the Clauses.
Article 6
Obligation
Article 7
Mediation and jurisdiction
(a) referral of the dispute to mediation by an independent person or, where appropriate, by the supervisor;
(b) the submission of the dispute to the courts in the Member State in which the data exporter is located.
Article 8
Supervisors with cooperation
Article 9
Applicable laws
Substances are governed by the law of the Member State in which the data exporter is located and will be governed by the laws of England and Wales when in doubt or in the case of multiple data exporter.
Article 10
Change of contract
The Parties undertake not to change the Articles. This does not prevent the parties from adding business-related provisions where necessary, so long as they do not conflict with the Clause.
Article 11
Sub Processing
Article 12
Liability following the termination of personal data processing services
1.The parties, upon the termination of the provision of data processing services, the data importer and the sub-processor will return all transferred personal data and copies, at the choice of the data exporter, to the data exporter or send the data to the exporter and give consent to the data exporter. , if the legislation imposed on the party receiving the data does not prevent the transfer or destruction of all or part of the personal data transferred. In this case, the data exporter guarantees the confidentiality of the personal data transferred and that the transferred personal data will no longer be processed.
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Annex 1 to Standard Contractual Clauses
Data exporter
The data exporter is the entity defined as the Customer in the Supplemental Agreement.
Data importer
The data exporter is CrnaGoraHosting .com, the provider of the hosted services , company Doo .
Data subjects
Processing operations are defined in Sections 1.3 and 1 and the Supplementary Contractual Appendix.
Data categories
Processing operations are defined in Sections 1.3 and 1 and the Supplementary Contractual Appendix.
Processing operations
Processing operations are defined in Sections 1.3 and 1 and the Supplementary Contractual Appendix.
Annex 2 to Standard Contractual Clauses
This Annex forms part of the Articles. By purchasing the Covered Services from CrnaGoraHosting , the Supplemental Agreement and this Addendum 2 have been agreed and implemented between the parties.
Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4 (d) and 5 (c) (or attached document / legislation):
The technical and organizational security measures implemented by the data importer are described in Annex 2, which is included and included in the annex.
1- Mandatory requirements of national legislation applicable to the data importer, i.e. national security, defense, public security, prevention of criminal offenses, which, on the basis of the interests listed in Article 13 (1) of Directive 95/46 / EC, do not go beyond what is necessary in a democratic society, The protection of the rights and freedoms of the data subject or others is not contrary to standard contractual provisions if the investigation, detection and prosecution of the investigation, or ethical violations for regulated professions constitute a necessary measure to protect the significant economic or financial interests of the State. Some examples of these mandatory requirements that do not go beyond what is necessary in a democratic society are, among others, internationally accepted sanctions, tax reporting requirements, or anti-money laundering reporting requirements.