Virtual Server Service Agreement

1Definitions of terms used in the agreement

By this agreement, the client and Afacerver agree that Afacerver will provide the service to the client in accordance with the terms set out herein.

2Purpose of the agreement

The purpose of the agreement is to govern the legal relationship between Afacerver and the client that forms the basis of, and arises in connection with, Afacerver's provision of the service to the client.

3Representations of the parties

The client represents that:

1. the information provided to Afacerver upon conclusion of the agreement is accurate, and they have legal capacity at the time of conclusion (including, in the case of a natural person, being of legal age); if the agreement is concluded through a representative, both parties confirm the existence of the right of representation;
2. prior to concluding the agreement, they reviewed the description of the requested service and the terms of the agreement, including the price, and understand that the quoted price remains valid until changed;
3. conclusion of the agreement does not violate any obligation imposed on them by law, an administrative act, a court decision, or arising from relations with third parties.

Afacerver represents that:

1. it has the means and skills necessary to provide the client with the service provided for under the agreement;
2. conclusion of the agreement does not violate any obligation imposed on it by law, an administrative act, a court decision, or arising from relations with third parties.

4Conclusion of the agreement

The agreement is deemed concluded once the client has completed the sign-up form on the Afacerver website and Afacerver has accepted it by sending the client a corresponding notice together with the authorization credentials required to use the service. The agreement takes effect upon conclusion.

Afacerver responds to an offer submitted by the client without undue delay, but no later than:

• within 14 days when linking a domain ending in .ee to a virtual server;
• within 5 business days from receipt of the advance payment when linking any other domain to a virtual server.

If the client wishes to link a previously registered domain name, Afacerver may require additional time, of which the client will be notified.

5Client's right of withdrawal from the agreement

The client has the right to withdraw from the agreement within 3 calendar days of its conclusion. To withdraw from the agreement, the client sends Afacerver a withdrawal notice by email in a format that allows written reproduction.

6The service

Afacerver provides the service to the client in accordance with the arrangement agreed between the parties. Afacerver has the right to modify the service (including the software solutions used), having notified the client at least 7 calendar days in advance. In urgent cases (such as the emergence of security issues), Afacerver may implement changes without prior notice to the client.

If the modified service is not satisfactory to the client, the client has the right to terminate the agreement, having notified Afacerver in the manner provided for in the agreement. The client acknowledges that Afacerver cannot guarantee the availability of the service at all times, but will make reasonable efforts to ensure the service remains as continuously available as possible.

7Domain

When submitting an offer to conclude the agreement, the client authorizes Afacerver to register, in its own name, the domain name desired by the client, provided that domain is not already registered to a third party. If registration proves impossible, the agreement is not concluded.

If registration of the domain name is subject to a fee, the client pays it prior to conclusion of the agreement, based on the invoice issued, by the stated deadline.

If the client already owns a registered domain name, Afacerver is authorized to represent the client in dealings with the domain name registrar to the extent necessary for provision of the service.

The client undertakes to ensure that its domain name does not conflict with applicable law or accepted standards of conduct, and does not infringe the rights of third parties, including intellectual property rights.

This agreement does not govern the client's right to the domain name — Afacerver does not allocate domain names and cannot guarantee that the client's right to the domain name will be preserved. Afacerver's liability in connection with registering a domain name is limited to its activity as an agent representing the client.

8The client is prohibited from

• Uploading material that does not comply with the laws of the Republic of Estonia and the European Union.
• Sending or publishing information and software that may contain viruses or other malicious code.
• Sending unauthorized unsolicited email (spam) and messages to newsgroups, forums and other web environments.
• Publishing information that incites national, racial, religious or political hatred, violence, or the overthrow of government.
• Hosting phishing pages or other malicious resources; hacking or stealing users' personal data.
• Using Afacerver's resources to infringe copyright.
• Hosting pornographic material depicting persons under the age of 18 or appearing to be minors, or material depicting animals.
• Selling goods restricted under the laws of the Republic of Estonia: alcohol, tobacco products, medicines.
• Operating online casinos or gambling sites without the relevant licenses.
• Providing services to third parties on a commercial basis (except under the Reseller package).
• Hosting or distributing terrorist content (in accordance with EU Regulation 2021/784).

Use of the standard packages (Prime, Pro, ProPlus) to provide services to third parties, resell resources, or grant access to server/email infrastructure for commercial purposes is prohibited. Such activity is permitted only under the corresponding specialized services (reseller services, managed server solutions).

9Client's rights, obligations and liability when using the service

The client has the right to use the virtual server to present its applications and materials, and to create and use email addresses, in accordance with the service description.

The client is responsible for the content of the virtual server it administers. Afacerver does not guarantee that use of the service cannot result in a breach of applicable law or the rights of third parties.

• The client must inform Afacerver immediately of any problems encountered while using the service.
• The client is responsible for creating, where necessary, backup copies of files stored on the virtual server — Afacerver does not guarantee the preservation of files.
• The client undertakes not to use software/scripts that place excessive load on the physical server, and to remove them within 12 hours of receiving a corresponding notice.
• The client compensates for damage caused to the physical server by software it uses following a prior warning; in the case of intentional damage, the client is liable regardless of any warning.
• The client ensures that its activity does not conflict with applicable law, including the prohibition on sending spam.
• The client undertakes not to publish material of a political or religious nature on the virtual server.
• The client undertakes to keep confidential the authorization credentials provided by Afacerver.

If the client grants third parties the ability to use the service, the client remains liable to Afacerver for their actions. Assistance is available at support@afacerver.ru.

10Client's liability and limitation of the service provider's liability

The client bears full responsibility for all files, data, websites, scripts, databases and other content placed on Afacerver's server. The client is responsible for independently ensuring that the software of its website, content management system (CMS, e.g. WordPress, Joomla), plugins and themes are up to date, secure and functioning properly.

The client must perform or arrange for all website updates itself and create backup copies on a regular basis. Afacerver does not guarantee the preservation or recovery of data resulting from the client's action or inaction.

Afacerver may perform updates to server software or platforms — this does not constitute a guarantee that the client's website, plugins or themes will continue to function properly. Afacerver is not obliged to verify the availability or error-free operation of the client's website following such updates.

11Afacerver's rights, obligations and liability in providing the service

Afacerver is responsible for the functioning of the physical server and software used to provide the service and undertakes to ensure the most stable possible provision of the service to the client.

• Afacerver notifies the client of any disruption caused by an update to the physical server at least 5 calendar days in advance.
• Afacerver resolves faults in the physical server no later than 3 calendar days from the day the fault occurs.
• Afacerver does not disclose the client's authorization credentials to third parties.
• Afacerver has the right to monitor the client's compliance with the agreement and applicable law.
• Afacerver has the right to remove software causing disruptions 12 hours after sending a warning notice if the client has not responded.
• Afacerver has the right to suspend provision of the service immediately and without prior notice in the event of faults caused by overload of the physical server.

Afacerver is not liable for damage arising in connection with the actions of third parties, faults in data transmission lines, power outages, actions of the client, issues with third-party software, the spread of viruses, or the service failing to meet the client's needs.

12Payment for the service

The client pays Afacerver the agreed fee for provision of the service. The price of the service is reviewed annually on 1 January — Afacerver has the right to adjust the price in line with changes in costs; separate notice is not required.

If the client does not agree with a price change, the client has the right to terminate the agreement in the manner provided for in the agreement.

• An invoice is issued regardless of whether the client has actually used the service.
• The client pays invoices within 8 calendar days of receipt of the invoice.
• Payment for the service is made in advance.

13Notices

Notices and communications between the client and Afacerver arising from this agreement must be submitted in a format that allows written reproduction (by email), except for general informational notices that do not affect the rights and obligations of the parties.

14Confidentiality

The parties are obliged to keep confidential any business or other secrets of the other party that come into their possession in the course of providing the service, except where disclosure is required by law. This provision remains in effect after termination of the agreement.

15Contact details

Upon conclusion of the agreement, the parties' contact details are deemed to be those provided to the other party during the conclusion of the agreement. A party undertakes to inform the other party immediately, in writing in a format that allows reproduction, of any change to its name or address of location/residence.

16Term of the agreement, amendment and termination

The agreement is concluded for an indefinite term; no minimum-duration requirement applies to the agreement.

Afacerver has the right to unilaterally amend the terms of the agreement in the event of changes in legislation, case law, or other material circumstances. New terms are published on the website at least 30 days before they take effect — if the client does not agree with the new terms, the client has the right to terminate the agreement.

• Where the agreement is terminated on the client's initiative, the agreement is deemed terminated 7 calendar days after the notice is sent.
• Where the agreement is terminated on Afacerver's initiative, the notice period is 30 days (in the absence of valid reasons caused by the client).
• A party may terminate the agreement without observing the notice period if the other party breaches the agreement.
• If the client loses the right to the domain associated with the virtual server, the agreement terminates.
• If an invoice remains unpaid for more than two months past the due date, the agreement terminates without notice and the client's data is deleted.

17Governing law, dispute resolution and limitation period

The parties shall resolve disputes between them through negotiation. If no agreement is reached, disputes shall be resolved in Tallinn City Court.

The limitation period for claims arising from the agreement is one year.