TERMS OF THE HostingDOJO.com
- DEFINITIONS
The terms used in these Terms of Service have the following meanings:
- Administrator - email: contact@hostingdojo.com
- Website - means the website run at htostingdojo.com, along with all its subpages and updates;
- Terms of Service - means these Terms for the provision of services by the Administrator using the Website;
- User - means a natural person with full legal capacity and a natural person with the limited legal capacity to the extent that he/she may acquire rights and incur obligations in accordance with the provisions of generally applicable law, a legal person or an organizational unit which is not a legal person to whom the law applies legal capacity, using the Website, on the principles set out in these Terms;
- Registration - means the process of creating a user account on the Website in order to use its functionality;
- Third Party - means a person, legal person, or organizational unit without legal personality who is not a User at the same time.
- Partner - means an external entity providing Web hosting services, Discount Codes used as part of the Website;
- A discount code - individual code authorizing the User to purchase selected Partner's products at a price lower than the regular price.
- GENERAL PROVISIONS
- These Terms of Service defines the principles and conditions for the Users' use of the services offered by the Administrator as part of the Website.
- The condition of using the Website by Users is the prior acceptance of these Terms, which means that the User declares to become familiar with their content and undertakes to comply with their provisions.
- It is forbidden to use the Website for commercial purposes, at the same time it is indicated that all content presented as part of the Website may be used only for personal purposes by Users, and any deviations in this respect require the express consent of the Administrator.
- It is prohibited to completely or even partially copy, distribute or modify elements of the Website without the explicit consent of the Administrator in any fields of use.
- ACCESS AND USE OF THE WEBSITE
- The Administrator declares that it will make every effort to ensure the proper functioning of the Website, however it shall not be liable in the absence or limitation of access to the Website, as well as errors occurring within the Website. First of all, the Administrator is not responsible for the purchases on Partners websites
- The Administrator is not responsible for the content of websites to which the User is redirected as part of the Website.
- Users wishing to use the Website should meet the following conditions:
- Own an Internet-enabled device
- Have an updated version of the web browser with JavaScript and Cookies enabled
- In order to minimize the occurrence of threats related to operating system viruses, the User should have their own technical means that will minimize the risk of their occurrence, in particular, such as an enabled antivirus system and a firewall.
- The Administrator reserves the right to make changes to these Terms, at any time, without prior notification sent to Users, and further use by the Users of the Website is considered as acceptance of the changes.
- ADMINISTRATOR'S ROLE AND LIABILITY
- The Administrator through the Website allows Users to conclude purchase and sale contracts with the Administrator's Partner, while the Administrator is not responsible for the behaviour of Users and Partners, including for non-performance or improper performance of actual or legal actions by them in connection with concluded contracts, as well as not is responsible for the consequences of actions taken by Users and third parties, which constitute a violation of these Terms or the law. In particular, the Administrator shall not be liable for non-conclusion or invalidity of concluded sales contracts, including hosting services or Discount Codes that do not work.
- The Administrator is not responsible for the accuracy and reliability of the information provided by Users, as well as for the Users' ability to be a legal entity.
- The Administrator does not check the goods offered for sale by individual Partners, including in particular their availability and current price. Any information contained on the Website is provided for informational purposes only and is not to be considered an offer according to civil law.
- The Administrator is not responsible for any damages incurred by the User in connection with the use of the Website, regardless of the type and possibility of preventing system failure, force majeure, internet network failure, as well as the equipment and software used by the User.
- The Administrator is not responsible for any damage caused by interruptions in access to the Website, regardless of the reasons for their occurrence. Furthermore, the Administrator, regardless of making every effort to ensure the most secure use of the Website by Users, is not responsible for any risk of viruses or other elements that may cause damage to the User's system.
- USERS RIGHTS AND OBLIGATIONS
- The User is obliged to use the Website in a manner consistent with the law and the provisions of the Terms, and refrain from actions that violate the rights of other persons, in particular in the field of copyright and intellectual property.
- It is prohibited for the User to use any IT tools, software, viruses affecting or that may affect the proper functioning of the Website.
- Users are responsible for damages resulting from a violation of the provisions of these Terms.
- SCOPE OF SERVICES PROVIDED
- As part of the services provided through the Website, the Administrator ensures to the Users:
- A presentation of information about Partners' promotions and offers,
- Access to the received Discount Code;
- Redirecting to the Partner's website in order to make a purchase,
- The Administrator declares that it is not the owner of the Discount Codes and is not responsible for the promo offered under them.
- The contract for the provision of services referred to in this point is concluded for a definite period and terminates when the Website's page is closed.
- INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
- Materials such as content, graphics, texts, trademarks, photos, Website source codes and other having an individualized character, which were not made by Users and presented as part of the Website are protected by copyright, which is vested in the Administrator as only an authorized or dependent holder regarding these rights.
- Unauthorized use of works protected by copyright or intellectual property by Users will result in liability for damages under the applicable law.
- The Administrator does not verify the rights of Third Parties, including Partners, to the content offered, in this respect the Administrator is also not responsible for their non-compliance with the actual legal status.
- PERSONAL DATA PROTECTION
- The Administrator is also the Controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) of Users using the Website.
- The Administrator processes personal data such as the User's IP.
- The data is processed for the proper performance of the contract referred to in point VI hereof, as well as to determine, investigate and defend against any claims of Website Users in order to fulfill the legal or regulatory obligations of the Administrator.
- IT system providers and IT service providers may also be the recipients of collected personal data.
- How long the data will be processed will be determined by the purpose of its processing. This means that if the contract is not concluded, the data will be processed until the limitation period for potential claims. Data processed for the purpose of concluding and performing the contract will be processed until the duration of the contract or until the expiry of the limitation period for claims arising from legal provisions. Data processed for the purpose of making or defending against claims will be processed until the objection is accepted, but no longer than until the claims expire. Data processed in order to fulfil legal obligations related to the concluded contract (including tax, accounting, archiving) will be processed for the period specified in the law, in particular in the Accounting Act. Data processed for marketing purposes will be processed until an objection is raised or consent is withdrawn.
- The User has the right to access their data, to rectify and delete it and request to limit its processing, the right to object to the processing, as well as the right to transfer data. The right to lodge a complaint with the Office for Personal Data Protection, as well as in the event of consent to withdraw it at any time, however, withdrawing the previously expressed consent will not affect the lawfulness of the processing before its withdrawal.
- Providing data is voluntary, but necessary for the proper performance of the service.
- FINAL PROVISIONS
- These Terms apply from the day of their publication on the Website.
- In matters not directly covered by these Terms, the generally applicable law shall apply.
- The Administrator reserves the right to change these Terms at any time, and the changes will enter into force at the time of their publication.
- In the event that any of the provisions of these Terms is considered to be invalid or ineffective in whole or in part by a court or other authorized body, the remaining provisions of these Terms, as well as a valid part of the invalid provision, shall remain in force.
- All disputes arising from the application of these Terms the Parties shall resolve amicably. All disputes that are not settled amicably will be settled by a common court having jurisdiction over the Administrator's seat.