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Terms of The Server Services

SCOPE OF APPLICATION

  1. These General Terms and Conditions for Server Services shall apply to all Service Agreements entered into by DIGISOOV OÜ regarding the use of Server Services provided by DIGISOOV OÜ.
  2. In addition, the DIGISOOV General Terms and Conditions shall apply to the Server Services unless these General Terms and Conditions for Server Services provide otherwise.

DEFINITIONS USED

  1. For these General Terms and Conditions for Server Services, the following terms shall have the following meanings:
    1. Parties: DIGISOOV OÜ (hereinafter DIGISOOV) and the Customer;
    2. Virtual Server: a resource, limited to one or more physical servers, shared by DIGISOOV with other Clients, through which the Client can submit its Materials. The term “Virtual Server” also includes a limited resource of one or more physical servers allocated by DIGISOOV to a Customer for sending and receiving e-mail;
    3. Virtual Private Server: a limited resource on a physical server;
    4. Physical Server: a server owned by DIGISOOV and dedicated to the provision of the Server Service to the Customer, together with the corresponding hardware and software, accessed by means of the corresponding authorization codes;
    5. Server: physical server, virtual server or virtual dedicated server;
    6. Business Hours: the period from 09:00 to 18:00 on weekdays (Monday through Friday, excluding public holidays);
    7. Response time: the period from the moment the Customer’s request is registered until the feedback on what has been done to resolve the Customer’s request is provided;
    8. DIGISOOV Billing is an online environment located at: https://billing.digisoov.ee/ , through which the Customer manages its data, orders products and services, and through which invoices are sent and other information is exchanged.

USE OF SERVER SERVICE

  1. Customer may use the Server to host and/or publicly present its applications and materials and, depending on the type of Server Service, to create and/or use e-mail address(es), send and receive e-mail, and in any other manner consistent with the description of the Server Service.
  2. The Customer undertakes to back up the files stored on the Server at sufficient intervals and to keep the software installed by it up to date to ensure its security.
  3. The Customer is responsible for the content of the Server allocated to it, including the obligation not to publish on the Server materials and not to provide services contrary to the law or good practice, as well as violating the rights of third parties. The publication and distribution of immoral or illegal content is prohibited. This includes the use or distribution of copyrighted media and software without the required license.
  4. The Customer undertakes not to use any software, scripts, programs or other applications on the Server that load, interfere with or disrupt the normal operation of the Server and undertakes to remove them within twelve (12) hours of notification by DIGISOOV.
  5. The Customer undertakes not to use on the Server programs and applications that allow Internet users to send bulk mail (spam), threatening, offensive or misleading messages, as well as not to send such messages themselves. It is prohibited to provide such services from the Server (e.g. proxy server, open DNS resolver, etc.), as well as to use the Server for actions that may be considered as attacks on third parties (including port scanning, requests that overload computer networks and/or equipment in them, etc.).
  6. DIGISOOV shall be entitled to issue compulsory orders to the Customer to cease any illegal activities or activities that violate the Contract Documents related to the use of the Server Service, including the removal of illegal or unwanted material from the Server, as well as to remove such material itself. DIGISOOV, as the owner of the relevant technical information, reserves the right to determine whether the Customer’s actions are burdensome, disruptive, damaging or non-damaging to the Server and, if necessary, to suspend the Customer’s service.

VIRTUAL SERVER SERVICE

  1. The Virtual Server Service is a server service that provides the Customer with a virtual server in accordance with the package selected by the Customer to manage the domain name registered to the Customer.
  2. The Virtual Server Service allows the creation, management and use of e-mail addresses based on the domain name associated with the Service. Their number, mailbox capacity and other parameters depend on the package selected by the Customer. Detailed information about the Service is available at https://digisoov.ee/.
  3. DIGISOOV will regularly create backup copies of the Customer’s Materials, if possible, but does not guarantee the safety of the Materials.

VIRTUAL PRIVATE SERVER SERVICE / PHYSICAL SERVER RENTAL

  1. Virtual Private Server Service is a server service where the Customer gets access to a limited resource on a virtual dedicated server.
  2. Physical server rental is a server service, within the framework of which the Client gets access to one or more physical servers according to the parameters agreed with the Client.
  3. In this case, the servers remain physically in the possession of DIGISOOV.
  4. As part of the Services, DIGISOOV shall provide the Customer with the use of:
    1. Servers owned and managed by DIGISOOV in accordance with the selected service package or agreement;
    2. Server hosting service in DIGISOOV’s server room in accordance with the terms and conditions set forth in the “Server Room Terms and Conditions” section;
    3. ( If required) One firewall-protected public IP address per server;
    4. ( If necessary) Shared Internet access according to the selected package;
    5. ( If necessary) Uninterruptible power supply.
  5. Server room furnishings
    1. DIGISOOV will place the server in a server room with controlled access.
    2. The server room is equipped with a door system that registers entrances and exits.
    3. The temperature in the server room is in the range of +20-24C.
    4. The humidity in the server room is 40-60% RH (relative humidity).
    5. The server room is equipped with an automatic fire suppression system with alarms and sensors independent of other control equipment.
  6. Server limitations and usage
    1. The processor, memory and disk space of the virtual server are subject to the resource limitations specified in the Price List.
    2. The Customer may use a pre-installed Server with pre-installed operating systems or independently install on the Server an operating system that meets its needs.
    3. The Customer may install software, applications, programs, databases, etc. supported by the Server.
    4. The Customer may enter, store and process data belonging to the Customer on the Server.
    5. The Customer has the possibility to independently administer and manage the Server. In this case, DIGISOOV shall issue the Customer with the Administrator’s name and initial password.
    6. The Customer has the possibility to place the rented physical server in a server room not used by DIGISOOV, provided that the Customer guarantees compliance with the Physical Server Rental Conditions set out below. In this case, a risk fee of 10% will be added to the server rental price, and the transfer and acceptance of the server will be based on the Acceptance Certificate.
    7. When using the Server, the Customer undertakes to comply with the terms of use of software licenses established by the software providers.
  7. Terms of physical server rental
    1. The Customer undertakes to treat the Server with care.
    2. The Customer warrants that the environment in the server room complies with the conditions set out in the section “Server room environment”.
    3. DIGISOOV shall not be liable for the unavailability of the Server;
    4. The Customer undertakes to use the Server personally and not to make it available to third parties without the consent of DIGISOOV.
    5. The Customer is solely responsible for maintaining the integrity of the Server.
    6. In case of natural disaster, accident, fire or vandalism, the Customer undertakes to compensate DIGISOOV for the damage caused.
    7. In case of any incident, theft, breakage, etc., the Customer shall notify DIGISOOV immediately.
    8. DIGISOOV has the right to unilaterally terminate the Contract during the rental period if it is found that the Customer has provided false information when concluding the Contract or violates the terms and conditions of the Contract.
    9. DIGISOOV shall not be liable for any costs that the Customer may incur due to the breakdown and/or technical failure of the Server.
    10. The rental calculation period starts on the date of transfer of the Server to the Customer and ends on the date of returning the Server to DIGISOOV.
    11. The minimum rental period is 1 calendar month, counted from the start of the rental agreement.
    12. The Customer undertakes to return the Server in the same condition as it was in at the time of conclusion of the Rental Contract.
    13. The rented Server must be returned in its complete condition, otherwise DIGISOOV shall be entitled to charge an additional fee for any damage to the Server.
  8. Additional Services
    1. For the duration of the Service, DIGISOOV grants rights to use the software and additional disk space as specified in the Price List.
    2. Monitoring Service: continuous monitoring of the Server’s main technical parameters and software status according to the selected package.
    3. Backup service: at the Customer’s option, DIGISOOV performs regular backups of the Server data in accordance with the selected package.
    4. Permission to use firewall-protected public extension IP addresses.
    5. Additional customization, additional work at the Customer’s request.
  9. Availability
    1. In any calendar month, Server downtime shall not exceed 2 hours during business hours and a total of 4 hours per month.
    2. The Server is operable if it complies with the ordered parameters and is available on the public Internet.
    3. Server unavailability is not considered unavailability if it is caused by:
      1. scheduled preventive maintenance works about which the Customer was informed in advance;
      2. interference in the operation of communication networks of third parties;
      3. unjustified cyber attacks on servers and/or firewalls located in the server rooms of DIGISOOV.

SERVER MAINTENANCE AND TROUBLESHOOTING

  1. DIGISOOV shall perform regular maintenance of the Server to ensure stable operation of the Server Service. DIGISOOV shall notify the Customer at least five (5) calendar days in advance of any planned maintenance and modernization of the Server that may interfere with the normal use of the Server Service. In the event of unavoidable delays, maintenance and configuration changes shall be made without prior notice to the Customer.
  2. DIGISOOV undertakes to rectify Server malfunctions within a reasonable period of time.

SUSPENSION OF THE SERVER SERVICE

  1. DIGISOOV shall have the right to immediately suspend the provision of Server Services to the Customer if:
    1. Software, scripts or other applications used by the Customer have caused the Server to malfunction, overload or otherwise interfere with the provision of the DIGISOOV Services;
    2. Internet attacks (including denial of service attacks or DoS and DdoS attacks) are directed against Customer;
    3. Customer’s actions put a strain on the Internet channel, CPU, memory, disk and other shared resources;
    4. Customer violates the terms and conditions of use of the above service.

SERVICE PROVISION

  1. DIGISOOV shall send an email to the Customer notifying the Customer that the Service has become available.
  2. If the launch of the Server Service requires the configuration of network accesses in the Customer’s or third parties’ communication networks, the launch of the Service shall be delayed for the time required to configure the accesses.
  3. Customer is responsible for the configuration of network accesses in its or third party communication networks.
  4. To access the server, DIGISOOV sends the IP address, user name and administrator password to the Customer’s e-mail address.
  5. For further access to the server (login), the server administrator provides his/her password to the server. The user is responsible for keeping the password confidential.

COST OF SERVICES AND BILLING

  1. Service fees begin on the day the server is delivered or when the service is provided.
  2. The Customer is obliged to pay for the Services regardless of whether they have been used.
  3. The Customer shall pay the fee to DIGISOOV periodically (depending on the duration of the selected period) as an advance payment, in accordance with the Price List of the ordered package, in case of special solutions by agreement of the Parties. A subscription fee is charged upon connection to the Service.
  4. The invoice shall be provided in a format that can be reproduced in writing and shall be sent to the e-mail address of the contact person indicated in DIGISOOV’s billing or provided via the aforementioned online environment.
  5. DIGISOOV has the right to immediately suspend the provision of the Service if the Customer is in arrears to DIGISOOV for the Services provided to it for more than 14 (fourteen) calendar days.

CLIENT'S DATA

  1. The Customer enters and manages its own and the Contact Person’s data in the DIGISOOV Billing online environment.
  2. In order to use the system, the Customer will be provided with a username and password, which the Customer is obliged to keep confidential.
  3. The Contact Person is authorized to give instructions to DIGISOOV on behalf of the Customer.
  4. The Customer Service Representative is authorized and obliged to identify the Contact Person.
  5. The Customer is fully responsible for the data transmitted.

CUSTOMER SUPPORT SERVICE

  1. For technical support, the Customer shall contact the Customer Service via the DIGISOOV Billing online environment, by telephone or e-mail.
  2. The telephone number of the Customer Support Service is +372 55 651 404, the e-mail address is info@digisoov.ee.
  3. During working hours, the Customer Support Service responds to the Customer’s queries or error messages within four (4) hours of receipt.
  4. Support will respond to inquiries received outside of business hours within eight (8) hours of resuming business hours.

CONTRACT

  1. If the Parties wish, the Contract, the General Terms and Conditions and other Applicable Terms and Conditions shall be concluded in writing. If the Applicable Terms and Conditions are changed, they shall apply from the moment they come into force without the need for the changes to be made in writing.
  2. The Service Agreement shall be concluded for an unlimited period of time, unless the Parties agree otherwise.
  3. DIGISOOV shall send a notice to the Customer 14 days prior to the expiry of the Service Agreement on the possibility of its extension.
  4. The Customer shall be entitled to terminate the Virtual Server Service Agreement at any time without applying the notice period specified in the General Terms and Conditions of DIGISOOV.