Terms of Miner Hosting service
of Cryptown s.r.o.
with registered office: Kaprova 42/14, 110 00, Prague
identification number: 06830129
entered in the Commercial Register kept by the Municipal
Court in Prague, Section C, Insert 288998
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions govern the provision
of services by Cryptown s.r.o., with its registered office at Kaprova 42/14,
110 00, Prague, identification number: 06830129, entered in the Commercial
Register kept by the Municipal Court in Prague, Section C, Insert 288998.
1.2. Services in accordance with these General Terms and
Conditions may only be provided on a contractual basis. Arrangements deviating
from these Terms must be confirmed in writing by both parties.
1.3. The contract for the provision of services shall enter
into force on the date specified therein and shall be valid for the agreed
period or for an indefinite period with the notice period specified therein.
2. DEFINITION OF TERMS
2.1. The provider is the business company Cryptown s.r.o., identification
number: 06830129, which is a provider of electronic and hosting services,
hereinafter referred to as the “provider”.
2.2. The user is a person who has a contract with the
provider or the provider’s seller for the services provided. The user is a
natural or legal person who lawfully purchases services on the basis of an
agreed contract. For the purposes of a service contract or connection contract,
the user also means the term customer.
2.3. The seller is a person who, on the basis of a contract
with the provider, represents the provider as an intermediary or acts in his
own name as a sales representative in the provision of the provider’s services.
2.4. A binding order is an act of the user with the effects
of a contract, if it is accepted by the provider.
2.5. The server is a system of technical and organizational
resources that is connected to the provider’s network.
2.6. The Internet is an environment consisting of the
provider’s computer network and third-party computer networks.
2.7. Access data is data consisting of a login name (ID or
login) and a password. This is data used to access the user to the services and
log in to the Customer Information System.
2.8. The consumer is in the sense of Act. No. 634/1992 Coll.
on consumer protection a natural person who is not acting in the course of his
business or in the independent exercise of his profession.
2.9. The Server is a device owned or used by the User and
the User is interested in its placement in the Provider’s Premises (hereinafter
referred to as the Premises). The Provider declares that it is an authorized
user of the Space.
2.10. Miner hosting is such a service of the Provider, which
consists in the physical location of the Server or other User equipment in the
Provider’s designated areas, where normal humidity, low dust and thermal
conditions corresponding to server operation, reliable internet and securing
the User’s remote access to equipment in its property.
2.11. The Miner hosting service also includes sufficient
physical security of the premises against illegal acts of third parties
(vandalism, theft). The Provider declares that it has agreed property insurance
(overvoltage, lightning strike, flood, flood, fire, impact, fall, smoke) of the
User.
3. SERVICES PROVIDED
3.1. The provider provides the following services:
3.1.1. Placement of the user’s physical server in the premises
of the data center or its lease, in the form of miner hosting services or the
lease of a dedicated server.
3.2. The Service will be provided to the User via the
Provider’s network from the next working day after the establishment of the
service and the physical takeover of the Server and further for the period for
which this contract is concluded.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
4.1. Rights and obligations of the Provider
4.1.1. The Provider undertakes to maintain the
telecommunications infrastructure of its network in condition and quality, so
that the services provided comply with the relevant technical and operational
standards and conditions set out in the GTC, resp. in the Contract, in
particular to have valid technical and safety certificates mandatory for
operation in the Czech Republic.
4.1.2. In the event that the provider learns of the
suspicion that the user is not using the services provided in accordance with
the law, he will ask him to refrain from this use within 5 days. The provider’s
request must be justified. If the user does not comply with the request, the
provider is entitled to suspend the provision of the service until the question
of whether the service is used in violation of the law is finally resolved.
4.1.3. If the user submits a sufficiently substantiated
objection to the provider against the justification of the suspicion within the
period specified in the invitation, he shall state all important facts and
declare that he will compensate the provider for all damage (resulting e.g.
from the provider’s liability under Act No. 480/2004 Coll. company, as
amended), which arises from the fact that the provider does not suspend the
provision of the service. The Provider is entitled at any time, first in the
request, to provide the User with a reasonable advance payment for compensation
for damage caused by not suspending the provision of the service.
4.1.4. The Provider is always entitled to suspend the
service if it would expose itself, its employees or other persons to the risk
of criminal liability, or if the user does not pay the advance provided by the
Provider within the specified period.
4.1.5. Access to the data center premises is available to
users of hosting services by prior arrangement. Range, resp. the length of this
access is the subject of a negotiated contract. The Provider reserves the right
to operationally interrupt access for the necessary time for the purpose of
modifications and repairs of the computer system. If possible, it will notify
the user as soon as possible. Any failures preventing access will be eliminated
by the provider as soon as possible according to its technical and operational
capabilities.
4.1.6. To report faults, the Provider maintains telephone
support at +420 735527122 and by e-mail [email protected].
4.1.7. The provider is entitled to change the user’s IP
address if required by the network routing.
4.1.8. The Provider undertakes to provide the User with the
Service in such a quality that the annual availability of the Service reaches
the level of 97%.
4.1.9. The Provider is not obliged to compensate the User
for the damage incurred as a result of non-provision of the Service or
defective provision of the Service. The Provider shall not be liable to the
User or any third party for (I) any lost income, profit, business opportunity
or any other indirect, incidental or consequential damages, or (II) any personal
injury resulting from or suffered as a result of non-performance of the
Services and / or equipment defects, which have been provided under this
Agreement or (III) any obligation arising out of or relating to the Agreement
or the relationship between the User and the Previous Customer(s). In no event
shall either party be indemnified to the other party or other customers,
resellers or end users for any special, indirect, incidental, consequential or
unreasonable amount of damages, including loss of revenue, profits, buyers,
clients or company goodwill resulting from any Of the Agreement, from the
performance or non-performance of business activities in accordance with this
Agreement.
4.1.10. The Provider is obliged to notify the User without
undue delay of any restrictions, interruptions, changes or irregularities in
the provision of the Service as soon as they are known to him.
4.2. Rights and obligations of the User
4.2.1. The user is obliged to ensure that the data device he
connects to the provider’s device has valid technical and safety certificates
mandatory for operation in the Czech Republic; The customer is responsible for
the status of his data device, including setting the parameters of the device
he connects to the provider’s device.
4.2.2. The user undertakes to report defects to the provider
immediately.
4.2.3. When using the services, the user may not interfere
with the provider’s infrastructure in any other way than agreed, in particular
he may not move in directories other than those made available to him and use
system commands to change the settings or function of the system.
4.2.4. The user will not use the network in a way that would
annoy other network users, in particular refrain from non-specific
dissemination of unsolicited e-mail. The user will also keep all his systems
connected to the provider’s network secure and non-exploitable for reflexive
attacks. If the connected system is actively used for attacks, or if the
provider finds that the system is insecure, it will prompt the user to secure
the system within 14 days. If the user does not comply with the prompt, the
provider is entitled to restrict the system’s connection to the network until
proper security.
4.2.5. If the subject of the agreed service is the mediation
of access to another computer system (network), the user must respect the
conditions of access and protection to this system (network).
4.2.6. The user undertakes to use the provided services in
accordance with the law. In particular, it undertakes not to disseminate
through the services provided information that violates the right to protection
of personality (e.g. defamation), is contrary to the good morals of
competition, interferes with the reputation of legal entities, infringes
copyrights, infringes industrial rights (especially trademarks) , or their
dissemination is criminal (e.g. dissemination of an alarm message, incitement
or approval of a criminal offense, dissemination of child pornography and other
illegal content, promotion of a movement aimed at suppressing human rights and
freedoms, etc.).
4.2.7. The User who has the Server located on the Provider’s
premises is obliged to pick it up after the termination of the Agreement. If he
fails to do so even within the period specified in the provider’s written
request, the provider is entitled to dispose of this uncollected and unused
Server at its discretion.
4.2.8. When signing the contract or order for the services
provided, the user is obliged to provide correct and complete data that will be
used for invoicing the services provided. In order to properly communicate with
the user, the user is also obliged to provide the name, surname, telephone
number and email address of a specific natural person who will serve as the
user’s contact person for the provider (hereinafter “user contact
person”). The user is obliged to keep both the invoicing data and the
contact person’s data up to date.
4.2.9. In the event that the availability of the Service in
a calendar year is lower than the availability specified in paragraph 6.1 of
this article, the User is entitled to request a reduction of the monthly price
according to the actual availability.
4.2.10. The User is not entitled to change the performance
of the delivered equipment (overclocking) without prior agreement with the
Provider. In the event of proof of unauthorized interference with the values affecting
the consumption of the Server, the User will be fined CZK 50,000 for each such
case.
4.2.11. The User is obliged to provide the Provider with the
cooperation necessary for the correct establishment and provision of the
Service according to these conditions during the establishment of the Service
and for the duration thereof by telephone or via email.
4.3. Neither party shall be liable for any delay in
fulfilling its obligations if it was caused by circumstances excluding
liability under, inter alia, the Civil Code (especially fire, flood, explosion,
accident, war, strike, embargo, government requirements, civilian or military
authorities, inability to ensure materials, services or manpower, local
(endemic) disruptions in the provision of public telecommunications, such as
cable interruptions, congestion or faults in laid public networks, mass
telephony events or a failure of a non-branded product in telecommunications
equipment) for the duration of such circumstances, and further for the time
normally required to resume service.
5. PRICES FOR SERVICES, THEIR ACCOUNTING AND PAYMENTS
5.1. Prices for agreed services are contractual prices
according to Act No. 526/90 Coll., On prices, as amended. The basis for them is
a valid price list of the provider. The price list of services is posted on the
provider’s website. Any deviations from this price list may be the subject of
an individual agreement.
5.2. Prices for agreed services are invoiced one month in
advance according to the agreed tariff. The maturity of invoices is a
fortnightly payment in the case of payment by bank transfer. The user is
obliged to pay all liabilities by the due date. The due date means the day of
crediting the provider’s account. If even after 10 days from the due date of
the invoice all receivables are not paid by the user, the provider may
interrupt the operation of the provided internet services, i.e. prevent the
user and other Internet participants from accessing the provided services. The
provisions of the previous sentence shall not apply in the case of the first
invoicing to a new user, where the following applies: if the user has not paid
within the due date indicated on the bill for services provided, the provider
will demonstrably notify him and set a replacement period of not less than 1
week from delivery whereas after the expiration of the replacement period in
vain, the provider may interrupt the operation of the provided Internet
services, i.e. prevent the user and other Internet participants from accessing
the provided services. For each day of delay, contractual interest on arrears
is charged at 0.05% of the amount due. If the user does not pay his receivables
within 30 days of the invoice due date, the provided service will be canceled
(e.g. cancellation of connection, e-mail, domain management, etc.) and the
provider is entitled to demand payment of a contractual penalty of 20% of the
amount equal to the agreed payment for provision of services from the date of
suspension of the provision of services until the date of proper termination of
the contract. Issuance of a reminder and costs associated with its registration
are subject to a fee of CZK 300, which will be invoiced at the next invoicing
date. The re-commissioning of a canceled or interrupted service may be subject
to a set-up fee of CZK 1,000.
5.3. For selected services, depending on the market and
currency, direct debit payment by credit card through the Google Pay gateway is
also possible. Prices for agreed services are invoiced monthly always according
to the agreed tariff. Invoicing is always performed on the first day of the
respective month. In the event of an unsuccessful attempt to make a payment,
the provider may interrupt the operation of the Internet services provided, i.e.
prevent the user and other Internet participants from accessing the provided
services. The User is obliged to check the validity of his payment card and the
accuracy of the data entered in the Customer Information System. If all the
user’s receivables are not paid even after 10 days from the due date of the
invoice, the service is canceled.
5.4. A customer who is not a consumer in the sense of Act
no. 634/1992 Coll., May, on the basis of an agreement with the provider, pay
the price for the agreed services in advance for the coming quarter, half-year
or one year. If in such a case the Customer terminates the Contract
prematurely, the performance accepted by the Provider will not be returned.
5.5. The provider is entitled to adjust the prices of its
services depending on the demonstrable growth of inputs (electricity and others).
6. COMPLAINTS
6.1. The user is obliged to complain about the defects of
the provided service immediately after finding out, in writing by e-mail to the
address [email protected].
6.2. If there is an incorrect billing of the payment, the User
has the right to complain about the payment, immediately after finding out this
fact, but no later than 2 months from the date of delivery of the billing for
the provided service, in writing by e-mail to [email protected].
6.3. The Provider will handle complaints without undue delay
and will notify the user in writing by e-mail about the result of the
complaint. Refunds will be made to a bank account or as agreed with the user.
6.4. The Provider is not liable for any damages or lost
profits of the user in connection with the use of the Provider’s services.
7. DATA PROTECTION
7.1. The provider and the user of the service are obliged to
treat all data related to the provision of the service as confidential, which
may not be disclosed to a third party.
7.2. When transferring data and files, the provider
guarantees compliance with relevant legal regulations, in particular Act No.
127/2005 Coll. on electronic communications, as amended, in particular to
ensure the protection of personal, operational and location data and the
confidentiality of communications, in the form of protection against
unauthorized access, alteration, destruction, loss or theft or other
unauthorized processing or use. This does not affect the obligations of the
provider stipulated by a special legal regulation.
7.3. The user can take his own measures to protect and keep
his transmitted data confidential, such as encryption or encryption. However,
it must do so in a way that is compatible with the provider’s communication
system, i.e. maintaining the possibility of data transmission.
7.4. The Provider is not liable for damages caused to the
user as a result of a failure of the Internet, delayed delivery or damage to
data during transmission. The Provider is not liable for damages caused by the
transfer of classified data.
Processing of personal data by the Provider in the position of administrator
7.5. In the event that the user is a natural person, the
provider processes his personal data, in particular identification, payment and
contact data, in accordance with Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural
persons in in connection with the processing of personal data and on the free
movement of such data and repealing Directive 95/46 / EC (General Regulation on
the Protection of Personal Data, hereinafter “GDPR”) effective from
25 May 2018.
7.6. Irrespective of whether the user is a natural or legal
person, the provider may also process personal data of the user’s employees, in
particular identification and contact data, in the sense of the GDPR.
7.7. The Provider, in the position of administrator,
processes the personal data that the user or his employee provided when
concluding the contract, with regard to the necessity of such processing for
the performance of the contract and thus the provision of the service.
7.8. The Provider further processes the said personal data
and data on the ways of using the service by the user on the basis of his
legitimate interests for marketing purposes related to the provision of the
service.
7.9. The provision of the above personal data is a
contractual requirement of the provider. The processing of personal data will
take place for a period of 10 years from the termination of the provision of
the service with regard to the protection or defense of the provider’s legal
claims.
7.10. The Provider will not pass on the users’ personal data
to any other recipients. This does not affect the obligations of the provider
stipulated by a special legal regulation.
7.11. In connection with the processing of his personal
data, the user or the user’s employee has the right to:
a. request information on the categories of personal data
processed, the purpose, time and nature of the processing and the recipients of
the personal data;
b. request a copy of the personal data processed;
c. request that personal data be corrected, supplemented or
deleted, or that their processing be restricted, if the conditions laid down in
the relevant legislation are met;
d. raise an objection to the processing of personal data and
the right to lodge a complaint with the supervisory authority;
e. be informed of personal data breaches where it is likely
that the breach will result in a high risk to his or her rights and freedoms.
7.12. All these rights can be exercised by the user through
contacts published on the provider’s website.
7.13. The contact details of the Data Protection Officer and
other information on the processing of personal data are published on the
provider’s website.
Processing of personal data by the Provider in the position of processor
7.14. When providing a service, the provider may also
process personal data from the position of the processor, in which case the
categorization of the processed personal data depends on the type of service
provided by the provider to the user. These terms and conditions govern the
obligations of the provider, in the position of processor, and the user, in the
position of controller, arising from the processing of personal data in
accordance with Article 28 of the GDPR.
7.15. The provider always processes only those personal data
of data subjects in the position of the processor, which the user handles in
the position of administrator within the use of the service. The scope and
categories of personal data for which the user may get into the position of
administrator within the meaning of GDPR within the use of the service always
depends on the category of the specific service used.
7.16. The processing of personal data will be performed by
the provider mainly in the form of preview, collection, use, backup, storage
and deletion, always according to the type of service provided and for the
purpose of providing the service and throughout its provision.
7.17. The provider declares that it is able to ensure the
implementation of appropriate technical and organizational measures so that the
processing of personal data meets the requirements of the GDPR and that the
protection of the rights of the data subjects concerned is ensured.
7.18. The Provider is entitled to involve other processors
in the processing, but always informs the user of any intended changes
concerning the acceptance of other processors or their replacement, thus giving
the user the opportunity to object to these changes, unless the user objects
without undue delay. that he agrees with the change.
7.19. Processing will always be carried out only on the
basis of documented instructions of the user given to the provider, which
result from the nature of the service provided or are contained in these
conditions and contractual arrangements.
7.20. No special categories of personal data will be processed
when providing the service. The user is obliged to ensure that no personal data
of special categories will be passed on to the provider.
7.21. As a processor in the processing of personal data, the
Provider undertakes:
a. process personal data only for the purposes and in the
manner resulting from the conditions and contractual arrangements,
b. ensure that the persons authorized to process personal
data undertake to keep confidential,
c. take all appropriate technical and organizational
measures within the meaning of Article 32 of the GDPR, which are necessary to
ensure the processing of personal data and are appropriate to the nature of the
processing and the associated risk that, inter alia, unauthorized or accidental
access to personal data may not occur , to their change, destruction or loss,
unauthorized transfers, their other unauthorized processing, as well as other
misuse of personal data,
d. after the termination of the provision of the service,
delete or return all processed personal data to the user, delete all possible
copies thereof,
e. be assisted by the user through appropriate technical and
organizational measures, where possible, to fulfill the controller’s obligation
to respond to requests for the exercise of the data subject’s rights,
f. assist the user in ensuring compliance with the
processing security obligation, in reporting personal data breaches to the Data
Protection Authority, in reporting personal data breaches, in the data
protection impact assessment and in prior consultation with the Data Protection
Authority. protection of personal data,
g. immediately inform the user if, in his opinion, an
instruction violates the provisions of the GDPR or other data protection
regulations of the European Union or a Member State,
h. to assist the user in ensuring compliance with the
obligations under Articles 32 to 36 of the GDPR, all taking into account the
nature of the processing and the information available to the provider,
i. provide the user, at his written instruction, with all
necessary information to demonstrate that the provider’s obligations under
Article 28 of the GDPR have been met and allow audits, including inspections,
by the administrator or another auditor appointed by the administrator, and his
audits; activities will contribute,
j. provide the user, at his written request, with all information
necessary to demonstrate that the obligations set out in these conditions and
in Article 28 of the GDPR have been met,
k. in the event of a breach of security of processed
personal data, notify the user immediately after finding it, including a description
of the nature of the personal data breach, a description of the probable
consequences of the personal data breach and a description of the measures
taken or proposed by the provider; measures that the user recommends to take,
always in order to resolve the personal data breach and to mitigate possible
adverse effects.
7.22. The user hereby expressly undertakes to the provider
to comply with all obligations that, if he gets into the position of personal
data controller within the meaning of GDPR, arising from these conditions,
contractual arrangements, provisions of GDPR, relevant laws and other generally
binding legal regulations. The user’s obligation under the previous sentence
includes, inter alia, his obligation to transmit to the provider through the
service only such other personal data for which he has a valid legal title
within the meaning of Article 6 of the GDPR, in compliance with all principles
set out in Article 5 of the GDPR and related legal obligations. For this
purpose, the user undertakes, inter alia, to ensure that the processing of
personal data in the form of their storage will have a valid legal title
meeting the requirements of the GDPR and other legal regulations throughout the
processing.
7.23. Irrespective of the legal title on the basis of which
personal data are processed, the user undertakes to fulfill, in the event that
he acts as a controller in relation to certain personal data, his obligation to
provide information to the data subjects under Article 13 et seq. GDPR, including
information on automated processing of personal data in the form of profiling.
7.24. In the event of a breach of any obligation set out in
this article of the conditions, the user undertakes to compensate the provider
for any (property or non-property) damage that arises as a result of the breach
or in connection with it.
7.25. The Contracting Parties undertake to ensure compliance
with their obligations under the GDPR and this Article, at the latest on the
date of entry into force of the GDPR. However, the obligations which are
required by valid and effective legislation already before the effective date
of the GDPR, the contracting parties are obliged to comply from the date of
entry into force of these conditions.
8. RESTRICTION OR INTERRUPTION OF SERVICE PROVISION
8.1. The Provider is entitled to limit or interrupt the
provision of services for the necessary period for the following reasons:
8.1.1. performing maintenance or repair of network
infrastructure,
8.1.2. laid down in the relevant legal regulations (e.g. §
99 para. 3 of Act No. 127/2005 Coll., on electronic communications, as amended
– crisis situation or § 98 para. 3 of Act No. 127/2005 Coll., on electronic
communications, as amended – serious violation of the security and integrity of
the provider’s communication network due to damage or destruction of electronic
communication equipment, especially due to major operational accidents or
natural disasters),
8.1.3. circumstances excluding liability from the law.
8.2. The Provider will resume operation of the Service
immediately after the reasons for the restriction or interruption of the
service according to the previous points cease to exist.
8.3. The Provider is also entitled to restrict the active
use of the service or to terminate the service immediately if, for example, the
user is in arrears with payment or does not meet other contractual conditions.
For more details, see sections 4.1.9., 4.1.4., 5.2., 5.3. and 9.1.
8.4. If the Provider finds any sudden or unusual facts
related to the provided service that may have a significant effect on the
provided service, especially in the form of its interruption or restriction,
and the nature of which the Provider is convinced is necessary cooperation the
user, the provider shall notify the user of such a fact without undue delay,
through the contact person of the user. In such a case, the user is obliged to
provide the provider without undue delay.
9. COMMON AND FINAL PROVISIONS
9.1. In the event of a gross or repeated breach of these General
Terms and Conditions, in particular point 5 of the General Terms and
Conditions, the Provider reserves the right to immediately terminate the
contract for the provision of services, i.e. inter alia, the immediate
interruption or cancellation of the services provided.
9.2. Termination of the contract by the user and the removal
of servers is possible only after payment of all obligations arising from the
contract and valid price lists of services.
9.3. The Provider is not liable for damages caused to the
user by interruption of services according to point 4.1.2, 4.1.4., 5.2., 5.3.
and 9.1 of these General Terms and Conditions.
9.5. Any deviations from these General Terms and Conditions,
if agreed between the provider and the user, must be in writing signed on both
sides. The Provider is entitled to change these General Terms and Conditions,
provided that it is obliged to publish them one month before they take effect
via the address www.cryptown.eu.
9.6. Legal relations arising from the Agreement and these
General Terms and Conditions, as well as legal relations related to the
Agreement are governed by Czech law.
Written at Brno, on January 1, 2021.