Terms of Service

1. Definitions

• 1.1.Agreement — This Terms of Service Agreement, including all schedules, amendments, and incorporated policies
• 1.2.Company — Senko Digital LLC, a company registered in Georgia, providing hosting, domain registration, and technical support services
• 1.3.Client — An individual or legal entity that has accepted this Agreement and uses the Company's services
• 1.4.Services — All hosting, cloud computing, domain registration, and related technical services provided by the Company
• 1.5.Personal Area — The Company's online client portal accessible through the Company's website
• 1.6.Service Level Agreement — The service level commitments and uptime guarantees as specified in Section 12 of this Agreement

2. General Provisions

• 2.1.This Agreement, together with the Privacy Policy and any service-specific terms, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral.
• 2.2.The Company reserves the right to amend the terms of this Agreement at any time. Material changes will be communicated via email or notification in the personal area at least 14 days before taking effect. All changes take effect from the moment they are published on the Company's official website.
• 2.3.The English version of this document is the authoritative version and takes precedence over other language versions. In case of any discrepancy, the English version shall prevail.
• 2.4.Section headings are for convenience only and shall not affect the interpretation of this Agreement.
• 2.5.If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• 2.6.The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by the party granting the waiver.
• 2.7.Sections relating to payment obligations, liability limitations, intellectual property, dispute resolution, and data protection shall survive termination of this Agreement.

3. Payment Terms

• 3.1.All services are provided on a 100% prepayment basis. Services will not be activated until payment is received and confirmed.
• 3.2.Payments are made via the personal area and are processed in the currency corresponding to the payment method the Client chooses on the website.
• 3.3.All prices are displayed in the currency selected by the Client. Currency conversion, if applicable, is handled by the payment processor and may be subject to exchange rates and fees.
• 3.4.Prices are exclusive of applicable taxes, duties, or fees unless otherwise stated. The Client is responsible for any taxes, duties, or fees imposed by their jurisdiction.
• 3.5.If payment for services is not made by the due date, services will be suspended immediately upon payment failure. A late payment penalty of 50% of the daily service price will be charged for each missed day of payment. This penalty covers the cost of disk storage and the retention of IPv4 and IPv6 addresses while your service is suspended (not using CPU, RAM, or network resources). This penalty applies to virtual servers, dedicated servers, web hosting, and game hosting services only.
• 3.6.During the 7-day grace period following payment failure, the Client may renew their service, paying only the standard service renewal price and the late payment penalty for each missed day of payment. After 7 days, the expired service and all its data will be permanently deleted.
• 3.7.We will provide you with a notification via email and/or your Personal Area at least 3 days prior to any automatic renewal charge. You may disable automatic renewals or unlink your payment method at any time through your Personal Area. If you disable auto-renewal, services will expire at the end of the current billing cycle. We guarantee that no cancellation fees or notice periods apply to disabling auto-renewal.
• 3.8.We may change the price of your recurring subscription by providing you with at least 7 days' written notice (email). If you do not accept the price increase, you have the right to cancel your subscription without penalty before the new price comes into effect. Continued use after the effective date will be deemed acceptance.
• 3.9.Plan upgrades are processed automatically and require only the payment of the price difference for the remaining period of the current subscription. Changes are typically implemented within minutes of confirmed payment. No prior notice is required for upgrades as they are processed immediately upon request.
• 3.10.If the Client initiates a payment dispute or chargeback without prior resolution attempts with the Company, services may be suspended or terminated immediately without refund, and the Client may be permanently barred from future use of the Company's services.
• 3.11.Senko Digital LLC does not store full credit card numbers or sensitive authentication data (CVV/CVC). We store only the minimum data necessary to identify the transaction: card provider (e.g., Visa), last 4 digits, holder name, bank name, and bank country. All recurring billing is processed by our PCI-DSS compliant payment processors, who retain the necessary payment tokens on our behalf. You consent to the storage of this minimal data for fraud prevention and recurring billing purposes.
• 3.12.A portion of payments may be processed through an independent payment partner that is neither affiliated with Senko Digital LLC nor subject to its jurisdiction. Such payments are clearly indicated when selecting the corresponding payment method. Senko Digital LLC assumes no responsibility for the execution, processing, confirmation, refunds, or technical support related to such payments. By using these payment methods, you acknowledge that all transactions are governed exclusively between you and the third-party payment operator.
• 3.13.Services are suspended roughly at the same time of day as the service was originally activated, based on the service activation timestamp.

4. Refunds Policy

• 4.1.Refunds are calculated only for the remaining full unused days from the service activation date, excluding any time used, partial days, or periods during which the service was suspended. Refunds may be requested at any time, including after 14 days, but will only cover the remainder of the unused service period.
• 4.2.Refunds are issued to the Client's original payment method or to the personal area account balance, at the Company's discretion and subject to payment processor capabilities.
• 4.3.Refunds are processed within 14 working days of the request, depending on the payment method used, or as otherwise declared by the Company. Processing time may vary based on payment processor requirements and verification needs.
• 4.4.For a successful refund, the Client should notify the Company of the reason for the refund. In cases beyond the Company's control or responsibility, refunds are not guaranteed and may only be made at the Company's discretion.
• 4.5.The refund amount may be reduced by: (a) Payment system fees; (b) Company losses (e.g., if the Client violates terms of service and causes IP addresses to be blacklisted); (c) Any amounts owed to the Company.
• 4.6.The following services are non-refundable: (a) Software licenses; (b) Domain names (considered digital services); (c) Dedicated server (bare metal) installation fees (one-time service fees); (d) Services marked as non-refundable at the time of purchase.
• 4.7.The Company reserves the right to deny refunds in cases of: (a) Terms of service violations; (b) Fraud or suspicious activity; (c) Excessive, repetitive, or abusive refund requests; (d) Services that have been used in violation of this Agreement.
• 4.8.The Company may require verification of identity and service usage before processing refunds.
• 4.9.While cryptocurrency transactions are irreversible on the blockchain, valid refund requests for cryptocurrency payments will be processed in the same cryptocurrency at the fiat market value equivalent at the time of the original transaction, subject to the Company's ability to process such refunds.
• 4.10.If you dispute a refund decision, you may contact our support team to request a review. The Company will investigate the matter and provide a written response within 14 business days. For consumers, this does not affect your right to pursue remedies through applicable consumer protection authorities.
• 4.11.Nothing in this Refunds Policy affects your statutory rights as a consumer. If you are a consumer, you may have additional rights under applicable consumer protection laws that cannot be excluded or limited.

5. Client Rights and Obligations

• 5.1.The Client takes full responsibility for the server and all software used on it, including operating systems, applications, and third-party software.
• 5.2.The Client may install and use any software that complies with this Agreement and applicable EU, Georgia, and international legislation.
• 5.3.Where Services involve the use of Microsoft software (e.g., Windows Server, Windows 10/11) or other proprietary software, the Client acknowledges that: (a) Unless expressly stated as 'SPLA Licensed' on the invoice, all software is provided on a 'Bring Your Own License' (BYOL) basis; (b) The Client represents and warrants that they possess valid, legal licenses for any software running on the Service; (c) Any unactivated OS images or installation media provided by the Company are for convenience and testing purposes only, and the Client is solely responsible for activation with valid keys; (d) The Client agrees to indemnify and hold the Company harmless from any claims, penalties, or audit costs arising from failure to properly license software.
• 5.4.The Client must ensure the legality of all hosted content and software, including compliance with copyright laws, data protection regulations, and other applicable legal requirements.
• 5.5.The Client must not use rented services for bulk email campaigns (spam), phishing, or other abusive activities. In certain cases, bulk email campaigns may be allowed after agreement with the Company, but approval is not guaranteed. Details of the campaign and recipient consent must be provided.
• 5.6.The Client has the right to migrate their game servers and virtual servers between tariff plans and physical servers within the Company's infrastructure, subject to technical feasibility and availability.
• 5.7.The Client has the right to request the exclusion of their game server from the Company's monitoring system by creating a corresponding support ticket, subject to the Company's security and operational requirements.
• 5.8.The Client must not create an account or place orders if they are subject to UK, EU, US, or international sanctions. Doing so will result in immediate account termination without refund and removal of all associated services.

6. Company Rights and Obligations

• 6.1.The Company undertakes to provide services within its technical capabilities and in accordance with the Service Level Agreement, but does not guarantee 100% uptime or uninterrupted service availability.
• 6.2.We act as a passive conduit for Client data. We do not proactively monitor content. However, upon receipt of a valid 'Notice and Action' report (e.g., regarding copyright infringement or illegal content), we will act expeditiously to remove or disable access to the specific infringing material in compliance with applicable laws.
• 6.3.The Company must cooperate with law enforcement agencies and regulatory authorities when required by law or upon valid authority request.
• 6.4.The Company has the right and obligation to comply with all applicable sanctions laws and regulations, including the right to immediately suspend or terminate services for sanctioned individuals or entities without prior notice.
• 6.5.The Company is not responsible for the Client's software or access issues caused by third parties, including but not limited to software vendors, internet service providers, or other external factors.

7. Prohibited Content and Activities

• 7.1.The following content and activities are strictly prohibited on our servers. Violation will result in immediate account termination without a refund:
  • Pornographic content, including but not limited to links to such materials
  • Content that violates EU, Georgia, and/or other applicable international legislation or copyright laws
  • Software for creating botnets, phishing, cryptocurrency mining, or other illegal activities
  • Software for mass email campaigns (spam)
  • Tools for bruteforcing, DDoS, network scanning, proxy checking, and similar utilities
  • Mining cryptocurrency without explicit permission from the Company
  • Running high-intensity CPU tasks that significantly impact the Company's infrastructure
  • Running automated scraping operations that violate third-party terms of service
  • Hosting unauthorized streaming or content distribution services that violate media licensing agreements
  • Creating, distributing, or facilitating access to tools primarily designed for unlawful activities
  • Any other content or activities prohibited by applicable laws of the EU, Georgia, or other relevant jurisdictions
  • Vulnerability scanning, penetration testing, or other security testing without explicit permission from the third party that will be used for the testing
  • Torrenting or other peer-to-peer file sharing services that violate copyright laws
  • Hosting deepfakes, AI-generated content, or other content that violates the rights of others, including but not limited to intellectual property rights
  • Operating unlicensed financial services, including but not limited to payment processors, payment gateways, or other financial services
  • Running services that facilitate tax evasion, money laundering, or other illegal activities
  • Running passive income services, such as bandwidth sharing, disk rental, or other services that do not comply with the terms of service
  • Operating cybercrime forums, such as hacking communities, exploit development forums, or other services that facilitate illegal activities
  • Hosting fake news, misinformation, or other content that could lead to social unrest or political instability
  • Content that could be considered harmful or offensive to others, including but not limited to hate speech, harassment, or other forms of discrimination
  • Operating unlicensed gambling services, including but not limited to sports betting, casino games, or other gambling services
  • Content that incites violence, terrorism, or other illegal activities
  • Content or activities that promote, support, or facilitate the actions of any government, military, or intelligence body subject to sanctions under the laws of the European Union, United Kingdom, United States, United Nations, or other applicable jurisdictions
• 7.2.Using our services to host, operate, or facilitate access to darknet markets, Tor exit nodes, or similar services used primarily for anonymous access to illegal content or services is strictly prohibited and will result in immediate termination
• 7.3.All prohibited content and activities listed above will result in immediate account termination without a refund. The Company reserves the right to report illegal activities to relevant law enforcement authorities.

8. Network Usage Policy

• 8.1.Our network operates on a "Fair Use" principle. Each service includes reasonable bandwidth allocation designed for normal business operations. This allocation is shared among all clients to ensure optimal performance and access for everyone.
• 8.2.Network speed on virtual servers can reach up to 10 Gbps (shared), if not mentioned otherwise in the tariff plan's specifications. We care about the quality of connection for all clients, so if a server consumes excessive traffic, its speed may be limited to prevent abuse and ensure stable network operation for other clients.
• 8.3.The Company employs adaptive resource management technologies to maintain network integrity and performance. We may, where necessary, implement traffic management measures, including but not limited to traffic shaping, prioritization, and temporary bandwidth adjustments.
• 8.4.Excessive or abusive bandwidth usage is defined as sustained high-volume data transfer that negatively impacts network performance for other clients or threatens the integrity of our infrastructure. This may include, but is not limited to: sustained usage exceeding 50TB/month (or depending on the tariff plan used), continuous 24/7 max-load streaming, or usage patterns that consistently consume a disproportionate share of shared resources.
• 8.5.In cases of excessive usage, the Company may: (1) temporarily adjust bandwidth allocation; (2) prioritize traffic types; (3) request the Client to modify their usage patterns; or (4) recommend upgrading to a more suitable tariff plan. The Company reserves the right to edit the limits on the speed of resource consumption on the server if the client places excessive load on server resources, affecting other clients. This includes but is not limited to CPU, RAM, disk I/O, and network bandwidth usage that significantly exceeds reasonable usage patterns for the purchased tariff plan.
• 8.6.If your server actively uses the channel excessively, we may temporarily (in some cases, until the end of the paid month) reduce the speed to 100 Mbps or 10 Mbps. Such limitations will be communicated to the Client in advance when possible.
• 8.7.Except in cases of immediate security threats (such as DDoS attacks), the Company will provide reasonable prior warning before implementing traffic shaping or bandwidth limitations. The Company will notify the Client via email or support ticket before taking enforcement actions.
• 8.8.The Company monitors network usage patterns to ensure fair use and prevent abuse. Monitoring data may be used to identify excessive usage and inform enforcement decisions.
• 8.9.The Company does not guarantee specific network speeds. Actual speeds may vary based on network conditions, server load, and other factors. The Company makes no representations or warranties regarding specific bandwidth availability.

9. Service Termination

• 9.1.The Company reserves the right to terminate services immediately and without a refund if the Client:
  • Provides fraudulent information during registration or payment
  • Uses our services to host harmful or malicious content
  • Uses our services to host or distribute illegal content or for illegal activities
  • Performs unauthorized mass mailing (spam) operations
  • Engages in abusive or hateful conduct towards support staff or other clients
  • Violates the rights of others, including but not limited to intellectual property rights
  • Uses services in a way that disrupts or threatens the stability of our infrastructure
  • Is identified as a sanctioned individual or entity, or attempts to circumvent sanctions screening processes
  • If a service is blocked due to complaints and/or other reasons (network scanning, outgoing DDoS attacks, etc.) once or more per month, and the Client fails to address the issue, the Company may terminate services much earlier without a refund
• 9.2.For violations that do not pose immediate security risks or legal concerns, the Company will make reasonable efforts to provide notice and an opportunity to cure before service termination. However, the Company reserves the right to terminate services without notice in severe cases.
• 9.3.For certain violations, the Company may provide a cure period (typically 48-72 hours) during which the Client may remedy the violation. If the violation is not cured within the specified period, services will be terminated.
• 9.4.The Company may withhold data from a suspended server if it was blocked due to a complaint or violation for compliance reasons. In other cases, data access is at the Company's discretion.
• 9.5.If a Client believes their account was terminated in error, they may submit an appeal through the support ticket system. The Company will review the appeal and, if the investigation reveals the Client did not actually violate the terms, may reinstate the account and/or provide a pro-rated refund. The Company's decision on appeals is final.
• 9.6.Termination by Client
  • The Client may terminate services at any time by submitting a request through the Client's personal area through the support ticket system. A refund may be provided only for the remainder of the unused service period, subject to the Refunds Policy.
  • No advance notice is required for Client-initiated termination, except where specified in the service plan or as required by applicable law.
• 9.7.Data Retention After Termination
  • Upon service termination, all Client data will be held for 7 days before permanent deletion. The Client is solely responsible for backing up all necessary data before termination.
  • Data retrieval after the 7-day retention period may be possible at the Company's discretion but is not guaranteed and may incur additional fees. The Company is not obligated to retain data beyond the 7-day period.
• 9.8.Account Reinstatement
  • Accounts terminated due to violation of these Terms may be reinstated at the Company's sole discretion, subject to review, additional verification requirements, and possibly reinstatement fees. Reinstatement is not guaranteed and is evaluated on a case-by-case basis.

10. Data Protection and Privacy

• 10.1.The Company processes Client's personal data in accordance with applicable data protection laws. EU GDPR applies to Clients from the EU, and Georgian data protection laws apply to Clients from Georgia. All data processing is conducted in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
• 10.2.We process Client data on the legal bases of contract performance (to provide our services), legal obligation (to comply with laws), legitimate interests (to improve and secure our services), and consent (where specifically requested).
• 10.3.Client Data Rights:
  • Right to access personal data we hold about you
  • Right to correct inaccurate or incomplete personal data
  • Right to request deletion of your personal data (subject to legal requirements)
  • Right to restrict processing of your personal data
  • Right to receive your data in a machine-readable format
  • Right to object to processing based on legitimate interests
• 10.4.The Company implements appropriate technical and organizational measures to protect Client data, including encryption, access controls, regular security assessments, and employee training. However, no internet transmission is completely secure, and we cannot guarantee absolute security.
• 10.5.We retain Client data for as long as necessary to provide our services, fulfill our contractual obligations, and comply with legal obligations. Account information is retained for up to 7 years after account closure for tax, legal, and regulatory purposes, but only as required by applicable law. The Company may retain certain data for longer periods as required by law or for legitimate business purposes, including dispute resolution and enforcement of this Agreement.
• 10.6.The Company may engage third-party data processors to assist in providing services. All subprocessors are bound by data protection agreements that require them to implement appropriate security measures and process data only as instructed.
• 10.7.Client data may be transferred to countries outside of Georgia and the EEA. For such transfers, we implement appropriate safeguards such as Standard Contractual Clauses or rely on adequacy decisions to ensure adequate data protection.

11. Applicable Laws and Jurisdiction

• As a company registered in Georgia operating servers in Germany, Finland and the Netherlands, our services are subject to laws of multiple jurisdictions. This Agreement is designed to be compliant with applicable laws while recognizing the global nature of our services.

• 11.1.Georgian laws governing company operations, data protection, and consumer rights apply to our operations and Georgia-based Clients. EU GDPR applies to EU-based Clients.
• 11.2.EU laws applicable to our technical infrastructure in Germany, Finland and the Netherlands and personal data processing apply to our EU operations.
• 11.3.We serve Clients from around the world, and this Agreement is designed to be compatible with applicable laws in various jurisdictions. Where local laws provide greater protection to consumers or impose additional requirements, such laws shall apply to the extent required.
• 11.4.The Company fully complies with all relevant Georgian, UK, EU, US, and international sanctions regimes, including but not limited to UK HM Treasury sanctions, EU Council sanctions, US OFAC sanctions, and UN Security Council sanctions.
• 11.5.We maintain active cooperation with relevant regulatory authorities and law enforcement agencies to ensure full compliance with all applicable sanctions and anti-money laundering requirements.

12. Service Level Agreement (SLA)

• 12.1.We strive to ensure service availability at 99.9% per month, excluding scheduled maintenance windows and Force Majeure events.
• 12.2.Uptime is calculated based on the Company's monitoring systems, which are available for Client review upon request, and is measured on a monthly basis. The Company's determination of uptime and downtime shall be based on objective monitoring data.
• 12.3.For service interruptions due to the Company's fault, the Client is entitled to compensation in accordance with this SLA policy.
• 12.4.Compensation for unscheduled downtime is provided as a service extension at double the duration of the downtime.
• 12.5.The SLA uptime guarantee and compensation system do not apply to: (a) Free trial services; (b) Beta or 'Test' products; (c) Services marked as 'Promo' or 'No-SLA'; (d) Scheduled maintenance windows; (e) Downtime caused by Client actions, third-party services, or Force Majeure events; (f) Services suspended due to non-payment or violation of this Agreement.
• 12.6.Scheduled maintenance windows are excluded from downtime calculations and will be announced in advance. Compensation may be provided at the Company's discretion for extended maintenance periods.
• 12.7.Technical support is available 24/7 through the ticket system. Response time depends on the priority of the question and the complexity of the issue.
• 12.8.Clients may request verification of uptime calculations and monitoring data by submitting a support ticket. The Company will provide reasonable access to relevant monitoring data upon request.

13. Liability and Warranties

A. Client Liability and Obligations

• 13.1.The Client takes full responsibility for the hosted content and software. The Company bears no responsibility for the Client's applications, websites, or other content hosted on our infrastructure. The Client is solely responsible for ensuring their applications are secure, properly configured, and compliant with applicable laws.
• 13.2.If the Client causes damages or losses to the Company, they must compensate all incurred losses. The Client agrees to indemnify, defend, and hold harmless the Company from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) the Client's use of the Services; (b) the Client's violation of this Agreement; (c) the Client's violation of any third-party rights; or (d) any content or data uploaded or transmitted by the Client.
• 13.3.For Clients who are consumers: Nothing in these Terms affects your statutory rights under applicable consumer protection legislation in your jurisdiction. We warrant that the Services will be provided with reasonable care and skill. If the Service does not conform to this warranty, you have the right to request a repeat performance or, where that is not possible, a price reduction.

B. Company Liability and Limitations

• 13.4.Except as expressly set forth in this Agreement, services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• 13.5.The Company does not take any responsibility for local or regional restrictions on the use of our services imposed by third parties, including but not limited to internet provider restrictions, protocol restrictions, or IP address restrictions. The Company might be able to offer an IP replacement when possible, but it is not guaranteed.
• 13.6.The Company may be held liable for direct damages caused by gross negligence or willful misconduct, subject to the limitations set forth in this section.
• 13.7.The Company is not liable for indirect, consequential, or incidental damages, including but not limited to loss of profits, business interruption, data loss, loss of goodwill, or other economic losses, regardless of the theory of liability.
• 13.8.Total liability of the Company, regardless of the theory of liability, is limited to the amount paid by the Client for services in the previous 12 months, or £300, whichever is greater.
• 13.9.The Company specifically disclaims all liability for any loss of data, regardless of cause, including but not limited to hardware failure, software errors, misconfigurations, security breaches, or third-party actions. Clients are solely responsible for maintaining backups of their data.
• 13.10.The Company is not liable for damages caused by third-party services, software, or hardware used in conjunction with our services, including but not limited to software vulnerabilities, malware, or hardware failures.
• 13.11.While the Company strives to maintain service availability as specified in the SLA, we do not guarantee continuous, uninterrupted access to services and disclaim liability for downtime caused by factors beyond our control, including but not limited to Force Majeure events, third-party actions, or Client-caused issues.
• 13.12.The Company implements reasonable security measures, but does not guarantee complete security. The Client acknowledges the inherent risks of internet-based services and that absolute security cannot be assured. The Company is not liable for security breaches resulting from factors beyond its reasonable control.
• 13.13.Any claim against the Company must be brought within one (1) year of the date on which the claim arose or the date on which the Client became aware (or should have become aware) of the facts giving rise to the claim, whichever is earlier. Claims brought after this period are barred.

14. Intellectual Property Rights

• 14.1.All content, trademarks, logos, software, and services provided by the Company are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
• 14.2.The Client retains all rights to their own content hosted on our servers. The Client represents and warrants that they have all necessary rights, licenses, and permissions to use, host, and distribute any content uploaded to our servers.
• 14.3.The Company grants the Client a limited, non-exclusive, non-transferable license to use our services and software for the duration of the service agreement, subject to these Terms of Service.
• 14.4.By uploading content, the Client grants the Company a limited, non-exclusive, non-transferable license to store, process, and transmit such content solely for the purpose of providing the Services during the Term of this Agreement. Upon termination, this license shall automatically expire, except for archival backups retained for a limited period as required by law.
• 14.5.The Client may not reverse engineer, decompile, modify, reproduce, distribute, or create derivative works based on the Company's software, services, or intellectual property without explicit written permission.
• 14.6.The Company may request permission to use the Client's name and logo in the Company's marketing materials, customer lists, and website. The Company will not use such materials without the Client's explicit written consent. Customer reviews from public websites such as Trustpilot may be used without consent but may be removed at the customer's request.

15. Data Backup Responsibilities

• 15.1.The Client takes full responsibility for backing up their data. This includes all content, databases, files, configurations, and any other information stored on the Company's infrastructure.
• 15.2.The Company is not liable for any data loss, regardless of cause, including but not limited to hardware failure, software errors, misconfigurations, security breaches, or third-party actions.
• 15.3.We strongly recommend maintaining regular backups of all critical data in multiple locations separate from the primary hosting environment.
• 15.4.While we may assist with data recovery when possible, successful recovery cannot be guaranteed. Data recovery services may incur additional fees.
• 15.5.For optimal data protection, the Client should implement a regular backup schedule appropriate to the criticality of their data. Critical systems may require daily or even more frequent backups.
• 15.6.The Client should regularly verify that backups are complete and functional by testing restoration procedures.
• 15.7.For maximum protection, the Client should maintain backups in multiple locations, including at least one off-site storage location separate from the hosting environment.
• 15.8.The Company recommends implementing automated backup solutions rather than relying on manual processes, which are more prone to human error.
• 15.9.The Client should develop and follow a clear retention policy for backups, determining how long different types of data should be preserved based on operational needs and legal requirements.

16. Force Majeure

• 16.1.Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control.
• 16.2.Such events include but are not limited to: natural disasters, acts of government, war, terrorism, riots, power failures, internet service provider or datacenter failures, DDoS attacks, hardware failures, third-party service failures, pandemic or public health emergencies, and civil unrest.
• 16.3.During a Force Majeure event, the Company will make reasonable efforts to maintain service availability and data integrity, but cannot guarantee full performance. SLA obligations are suspended during such events.
• 16.4.The Company will make reasonable efforts to notify Clients of Force Majeure events affecting services and provide updates on recovery timelines when available.
• 16.5.If a Force Majeure event continues for more than 30 consecutive days, either party may terminate the agreement with written notice, with pro-rated refunds for prepaid services not delivered.

17. Dispute Resolution

• 17.1.Prior to initiating any formal dispute resolution process, the Client agrees to first contact the Company directly in an effort to reach an informal resolution of any dispute, and both parties shall make good faith efforts to resolve such issues through direct negotiation.
• 17.2.For business-to-business (B2B) relationships, any dispute not resolved informally shall be resolved through binding arbitration in Tbilisi, Georgia, according to the rules of the Georgian International Arbitration Centre (GIAC), by a single arbitrator appointed in accordance with those rules.
• 17.3.If you are a consumer, nothing in this section affects your statutory right to bring a claim in Georgian courts or through applicable Georgian consumer protection authorities. Consumers are not required to submit to arbitration and may pursue remedies through their local courts as allowed by Georgian law.
• 17.4.This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles. For technical infrastructure or Clients located in other jurisdictions, applicable mandatory laws of those jurisdictions may also apply.
• 17.5.For disputes not subject to arbitration, the parties agree that the courts of Georgia, located in Tbilisi, shall have exclusive jurisdiction, except that consumers may bring claims in their local courts as permitted by applicable Georgian law.
• 17.6.To the extent permitted by Georgian law, the Client waives any right to participate in class actions, class-wide arbitration, or representative actions. All disputes must be resolved on an individual basis. This waiver does not apply to consumers where prohibited by applicable consumer protection laws.
• 17.7.Notwithstanding the above, either party may seek relief in a small claims court (also known as a Magistrate Court) in Georgia for disputes within the jurisdictional limits of such court.
• 17.8.For B2B arbitration, the costs of arbitration (including arbitrator and administrative fees) shall be borne by the losing party, except that each party shall bear its own legal fees and expenses unless the arbitrator determines that one party’s position was frivolous or unreasonable, in which case that party shall bear all costs including the other party’s reasonable legal fees.

18. Final Provisions

• 18.1.By using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you must not use our services and should terminate your account immediately.
• 18.2.For questions regarding this Agreement, please contact us through the support ticket system in your Personal Area or via the contact information provided on our website.