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Terms of service · CloudHosting SIA

Terms of service

The rules that apply to every CloudHosting service: ordering, payments, obligations of both sides, data centre rules and the VAT policy.

1. Service description

  1. Cloudhosting Ltd. (hereinafter referred to as the Service Provider) provides You (the Client) virtual servers, hosting, dedicated servers and other services rent against payment.

2. Applying for the service and service plan change

  1. Actual service pricing and description can be read at the service providers website https://www.cloudhosting.lv.
  2. Application for the service takes place in electronic form by the Customer filling out the registration form and confirming the Terms of Service, followed by a confirmation e-mail sent to the Customers provided e-mail address.
  3. When completing the application form, the Customer confirms that the data entered is true, valid and complete. In case of false data service provider is entitled to terminate the service.
  4. The e-mail provided in the application continues to be considered as the Clients official e-mail from which the service provider is accepting applications for service plan change, uncertainty and other issues related to the provision of the service.

3. Fee and payment arrangements.

  1. Customer invoice is issued on the basis of the registration data provided to the Customer Service, in accordance with the corresponding provider charges for this time period. The invoice is sent to the customer once a month or less, if the Customer pays for services at once for a longer period than one month.
  2. All bills and invoice related messages Service Provider sends to the Customer at electronic mail address indicated at the Customer Service application.
  3. If the Clients e-mail address is not working or the Customer has not received an invoice due to email system malfunction, the Customer is obliged to print the bill from the service providers website https://www.cloudhosting.lv/panel
  4. The Customer makes the payment by bank transfer on the basis of the bill, and the bill within the deadline.
  5. Payment is considered as having been made when it enters the Service Providers bank account (Transactions made by bank transfer are processed within five working days).
  6. For each day of delay the service provider may charge a penalty of 0.5% of the invoice amount.
  7. In case of debt obligations current payment is disbursed only after the fine and previous unpaid invoice coverage.
  8. In cases where the Customer fails to make payment within the order, the service provider has the right to transfer debt collection rights to third parties. Customer is obliged to cover all costs associated with the recovery of the debt.

4. Clients rights and obligations

  1. Klientam saņemot piekļuves informāciju sistēmai vai pakalpojumam ir pienākums šo informāciju nomainīt, kā arī customer shall not disclose to a third party the assigned to him connection name and password, and bears full responsibility for the actions carried out via his connection name and password (hereinafter referred to as the Account).
  2. Customer acknowledges and agrees that the Service and the use of related possibilities is Clients free choice and his own responsibility. Customer is responsible for the information he publishea on the Internet on a global basis and for any actions made by him in connection with the Service Agreement. The Customer undertakes to use his account on the service providers server for legal distribution of information, without harming the service provider or other server users with his direct or indirect actions.
  3. The service provider has the right to block the customer assigned to the account and not to return money paid if the client has not paid the bill at the time or the customer has breached the data center Cloudhosting rules - the rules listed below (point 8).
  4. If the service is no longer necessary, the Customer must inform the Service Provider 20 days in advance. Service termination application time is counted from the moment when the Customer has informed the service provider about service termination by e-mail to info@cloudhosting.lv and has received the approval of the service termination.
  5. Refunds are possible for cancelation of the service within 14 days (the exception is server rental or domain registration, these services are not refundable) after payment of the invoice and if there are no violation of the data center Cloudhosting rules - the rules listed below (point 8).

5. The providers rights and obligations.

  1. Cloudhosting SIA nes atbildību tikai par serveru un tīkla iekārtu fizisko drošību.
  2. The service provider as soon as possible prevents service disruption if it happened under the responsibility of the service provider or existing network hardware.
  3. Service provider provides to the best of his abilities database and software protection against illegal copying.
  4. The service provider has the right to immediately withdraw from the agreement if the Customer has not paid the bills on time.
  5. The service provider reserves the right to refuse service without giving any reason for refusal.

6. Force Majeure

  1. None of the Parties are held liable for fulfillment of obligations if it is caused by force majeure, which the Parties could not foresee or prevent and control the occurrence of the Parties shall not be guilty. Cases of force majeure are considered natural disasters, fires, acts of war, civil unrest, riots, strikes, epidemics, embargoes, restrictions on energy supplies, global Internet activity disorder.

7. Other rules

  1. All issues not covered by these rules shall be resolved by the existing Latvian legislation.
  2. Any dispute relating to the provision of the Service, are to be solved through mutual negotiations. If an agreement can not be reached - the judicial authorities of the Republic of Latvian regulatory enactments.
  3. Cloudhosting reserves the right to change or add more rules without notifying users.

8. Data center Cloudhosting rules

  1. In Cloudhosting data center prohibited:
    • Placement of viruses or any malicious software.
    • Breaking or blocking of Internet services.
    • Send spam messages.
    • Create a proxy for the transportation parasitic traffic.
    • Calls to overthrow the government or to place such calls.
    • Placement of erotic and pornography materials.
    • False advertisment of goods.
    • placing racist, nationalist or any information ofending certain nations and nationalities.
    • post any material that violates copyright law (including links and references to such sources or exchange programs such files);
    • allocation of resources, information, or commiting acts with the help of resources provided to the customer in violation of laws and regulations of the Latvian Republic or Euro commission.
  2. In case of violations, depending on their severity, frequency, number of violations or rule ignoring, server resources can be blocked without the possibility of restoration of the data(removed) and service fees are not refundable.

VAT Policy

Clients based in Latvia will be charged 21% VAT.

Customers in EU Member States who can produce a valid VAT ID, will receive their invoice according to the "Reverse-Charge" procedure, without Latvian tax.

Customers from countries outside EU will receive their invoice without VAT.

Konfidencialitātes politika

INFORMATION ON THE CONTROLLER AND CONTACT INFORMATION

The controller of the processing of personal data is the commercial company SIA “CloudHosting” (hereinafter - CloudHosting), single registration number: 40103966259, legal address: Bērzaunes iela 1, Rīga, LV-1039.

The contact information of CloudHosting on matters related to the processing of personal data is the e-mail address: info@cloudhosting.lv.

Using this contact information, you may submit a question about the processing of personal data.

SCOPE OF APPLICATION

CloudHosting takes care of the privacy of its clients and of the protection of personal data, and observes the clients' rights to the lawfulness of the processing of personal data in accordance with the applicable legal acts - the laws of the Republic of Latvia and the subordinate legal acts, Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the Regulation) and other applicable legal acts in the field of privacy and data processing.

The Privacy Policy applies to the processing of data irrespective of the form and/or environment in which the Client provides personal data (on the CloudHosting internet website, in paper form or electronically) and in which company systems or in which paper form they are processed.

PURPOSES OF THE PROCESSING OF PERSONAL DATA

CloudHosting processes personal data for the following purposes:

  • for the identification of the client;
  • for the preparation and conclusion of a contract;
  • for the setting up and provision of services, for the delivery of goods (for the performance of the contractual obligations);
  • for the advertising and distribution of goods, that is, for commercial purposes;
  • for client servicing;
  • for the examination and processing of objections;
  • for the administration of settlements;
  • for the improvement of the operation of the website.

BASIS FOR THE PROCESSING OF PERSONAL DATA

CloudHosting processes the client's personal data on the basis of the following legal bases:

  • for the conclusion and performance of a contract - in order to conclude a contract upon the client's application and to ensure the performance thereof;
  • for compliance with regulatory enactments - in order to fulfil an obligation laid down in the binding external regulatory enactments;
  • in accordance with the consent of the client - the data subject;
  • in legitimate interests - in order to realise the legitimate interests of CloudHosting arising from the obligations existing with the client, or from the concluded contract, or from the law.

The legitimate interests of CloudHosting are:

  • the carrying out of commercial activity;
  • the verification of the client's identity before the conclusion of a contract;
  • the ensuring of the performance of the contractual obligations;
  • the retention of the clients' service orders;
  • the analysis of the operation of the CloudHosting website;
  • the administration of the CloudHosting client accounts;
  • the advertising of goods and services, including in the form of commercial communications;
  • the sending of notifications regarding the course of the performance of the application and of the service contracts;
  • the administration of orders and payments;
  • the informing of the public about its activities.

PROCESSING AND PROTECTION OF PERSONAL DATA

For the qualitative and prompt ensuring of the performance of the obligations of the contract concluded with the client, CloudHosting may authorise its cooperation partners to carry out separate activities of the delivery of goods or of the provision of services, as for example, the performance of goods delivery works, the performance of warranty service works, the sending out of invoices and similar. If, in performing these tasks, the cooperation partners process the client's personal data at the disposal of CloudHosting, the respective cooperation partners shall be regarded as the processors of the data processing of CloudHosting, and CloudHosting has the right to transfer to the cooperation partners the client's personal data necessary for the performance of these activities to such extent as is necessary for the performance of these activities.

The cooperation partners of CloudHosting, in the status of a processor of personal data, will ensure the fulfilment of the requirements for the processing and protection of personal data in accordance with the requirements of CloudHosting and with the legal acts, and will not use the personal data for purposes other than solely for the performance of the obligations of the contract concluded with the client on the instruction of CloudHosting.

CloudHosting processes the client's data using the possibilities of modern technologies, taking into account the existing privacy risks and the organisational, financial and technical resources reasonably available to CloudHosting, including by using the following security measures:

  • the pseudonymisation of data;
  • a firewall;
  • intrusion protection and detection programmes;
  • other protection measures in accordance with the current possibilities of the development of technology.

CloudHosting does not disclose the client's personal data to third parties, except in the following cases:

  • if the data must be transferred to the respective third party within the scope of the concluded contract (for example, the delivery of goods);
  • if the client has given clear and unambiguous consent;
  • to the persons provided for in regulatory enactments upon their justified request, in accordance with the procedures and in the scope laid down in regulatory enactments;
  • in the cases laid down in regulatory enactments, for the protection of the legitimate interests of CloudHosting, for example, by applying to a court or to other State institutions against a person who has infringed the legitimate interests of CloudHosting.

ACCESS TO PERSONAL DATA FROM THIRD COUNTRIES

CloudHosting normally processes personal data within the European Union and the European Economic Area and does not transfer them to processors in third countries. The exception is the service providers named in the section on cookies and third party tools (Google and Meta), to which data may be transferred to third countries subject to the safeguards provided for in Chapter V of the Regulation, such as a European Commission adequacy decision or standard contractual clauses.

DURATION OF THE STORAGE AND PROCESSING OF PERSONAL DATA

CloudHosting stores and processes the client's personal data as long as at least one of the following criteria exists:

  • only for as long as the contract concluded with the client is in force;
  • for as long as CloudHosting or the client may realise their legitimate interests in accordance with the procedures laid down in regulatory enactments (for example, submit objections or bring or conduct a claim in court);
  • for as long as either of the parties has a legal obligation to store the data;
  • for as long as the client's consent to the respective processing of personal data is in force, if there is no other lawful basis for the processing of data.

When the abovementioned circumstances cease, the client's personal data are deleted.

ACCESS TO DATA AND OTHER RIGHTS OF THE DATA SUBJECT

The controller of the personal data is CloudHosting SIA, reg. nr. 40103966259, Bērzaunes iela 1, LV-1039, Rīga, Latvia, e-mail info@cloudhosting.lv. The rights described in this section belong to any person whose personal data CloudHosting processes, including website visitors, persons who have sent an enquiry or an application, and contact persons of corporate clients, and not only to account holders. That e-mail address may be used for any question about the processing of personal data and about the exercise of these rights. Where CloudHosting processes personal data only on behalf of a client, as a processor, for example data that a client stores on its server, in its mailbox or in its backups, the controller is that client; CloudHosting passes such a request on to the client, and the person exercises his or her rights with that controller.

Every person has the following rights in relation to his or her personal data:

  • access: to obtain confirmation as to whether CloudHosting processes the personal data, to examine those data, to receive a copy of the data being processed and to receive the information about the processing provided for in the Regulation, including the purposes of the processing, the categories of data, the recipients or categories of recipients, the storage period or the criteria for determining it, and the source of the data where they were not obtained from the person;
  • rectification: to have inaccurate data corrected and incomplete data completed;
  • erasure: to have his or her data erased where the purpose or the legal basis of the processing no longer exists, including where the person withdraws consent and no other legal basis exists, where the person has objected to the processing and no overriding legitimate grounds exist or has objected to processing for direct marketing, where the data have been processed unlawfully, or where the data must be erased in order to comply with a legal obligation. Erasure may be refused only in the individual cases laid down in law, including where the data are needed to comply with a legal obligation, for example during the retention period for accounting and tax documents, or for the establishment, exercise or defence of legal claims;
  • restriction of processing: to obtain restriction of the processing where the person contests the accuracy of the data, for the period needed to verify that accuracy; where the processing is unlawful and the person opposes erasure of the data and requests restriction instead; where CloudHosting no longer needs the data but the person needs them for the establishment, exercise or defence of legal claims; and while it is being verified whether an objection to processing based on legitimate interests overrides the grounds put forward by CloudHosting. Before a restriction is lifted, CloudHosting informs the person;
  • data portability: to receive the data the person has provided to CloudHosting and which are processed by automated means on the basis of consent or of a contract, in a structured, commonly used and machine-readable format, and to request their transmission to another controller where this is technically feasible;
  • information about recipients: to learn to which recipients CloudHosting has communicated the rectification or erasure of the data or the restriction of the processing;
  • automated decisions: not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the person or similarly significantly affects the person; where such a decision is taken, the person may request human intervention, express his or her point of view and contest the decision. CloudHosting checks new account registration data automatically and may in individual cases refuse a registration automatically; in that case the person may write to info@cloudhosting.lv and ask for the decision to be reviewed by a human.

Right to object. Every person has the right to object at any time to the processing of his or her personal data that is based on the legitimate interests of CloudHosting. In that case CloudHosting stops the processing, except where CloudHosting demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the person, or where the processing is needed for the establishment, exercise or defence of legal claims. Objection to the processing of the data for direct marketing purposes, including profiling related to direct marketing, may be made at any time and without giving reasons, and after that CloudHosting no longer processes the data for that purpose. An objection may be made by writing to info@cloudhosting.lv or by post to the address given below.

Where the legal basis of the processing is the person's consent, including for sending commercial messages and for cookies that require consent, the person has the right to withdraw consent at any time. Withdrawing consent is as easy as giving it, and withdrawal does not affect the lawfulness of processing carried out before the withdrawal. Consent to cookies can be changed or withdrawn at any time through the cookie settings at the bottom of the page; consent to other processing can be withdrawn by writing to info@cloudhosting.lv.

A request to exercise these rights may be submitted by sending it to the e-mail address info@cloudhosting.lv or by post to SIA CloudHosting, Bērzaunes iela 1, LV-1039, Rīga. A request is accepted from any e-mail address. A request sent to any other official CloudHosting contact channel is accepted and passed on for handling. No particular form is prescribed for a request: no form, no set wording, no reference to legislation, no notarial certification and no secure electronic signature is needed. A person who has no account submits a request in the same way, stating the details that make it possible to find his or her data, for example the e-mail address or other contact details provided to CloudHosting. A client who is logged in to the client panel can view and correct there part of his or her own contact data (name, registration number, VAT number, telephone, address and city); that is a convenience only and does not replace the rights set out in this section or the way they are exercised. These are the account's details; a contact person may request correction of his or her own data by writing to info@cloudhosting.lv.

Where a request is sent from the e-mail address registered to the account, the identity of the person making it is treated as confirmed and no further proof is required unless there are reasonable doubts in the individual case. Where a request comes from another e-mail address, CloudHosting may ask for confirmation of identity only where there are reasonable doubts about the identity of the person making the request in that particular case, and no more than is necessary for that purpose; a confirmation by e-mail or questions about the account details are normally sufficient. CloudHosting does not require a copy of an identity document as a standard step. Where such a copy is exceptionally necessary, the person may redact all data that are not needed for the check, and CloudHosting deletes the copy from its systems as soon as the check is complete, apart from copies contained in ordinary backups, which are overwritten in the normal backup cycle; the copy is not kept in the client file and only a note that the check has been carried out is retained.

CloudHosting replies without undue delay and in any event within one month of receipt of the request. That period may be extended by a further two months where the request is complex or where there are many requests; CloudHosting informs the person of the extension and the reasons for it within the first month. Where a request is received electronically, the reply and the data are provided electronically in a commonly used format, unless the person asks for another form; the person may state how he or she wishes to receive the reply. If CloudHosting does not act on a request, CloudHosting informs the person within one month of the reasons, of the right to lodge a complaint with a supervisory authority and of the right to apply to a court.

Exercising these rights is free of charge. For manifestly unfounded or excessive requests, in particular repetitive ones, CloudHosting may charge a reasonable fee covering the administrative costs or refuse to act on the request; the burden of demonstrating that a request is of that character lies with CloudHosting. CloudHosting gives advance notice of any intention to charge a fee so that the request can be withdrawn. The first copy of the data is free of charge; a reasonable fee covering the administrative costs may be charged for further copies.

Every person has the right to lodge a complaint with a supervisory authority at any time, and contacting CloudHosting first is not a precondition. In Latvia the supervisory authority is Datu valsts inspekcija, Elijas iela 17, Rīga, LV-1050, Latvia, e-mail pasts@dvi.gov.lv, telephone +371 6722 3131, www.dvi.gov.lv; a submission may also be made through the official electronic address on the latvija.gov.lv portal. A person located in the European Union or the European Economic Area may also lodge a complaint with the supervisory authority of his or her habitual residence, place of work or the place of the alleged infringement. Lodging a complaint with a supervisory authority does not affect the person's right to bring proceedings against CloudHosting before a court and to claim compensation for the damage suffered.

THE CLIENT'S CONSENT TO THE PROCESSING OF DATA AND THE RIGHT TO WITHDRAW IT

The client may give consent to the processing of personal data, the legal basis of which is consent, on the CloudHosting internet website (for example, the forms for subscribing to the receipt of news), or in person at the CloudHosting office.

The client has the right at any time to withdraw the consent given to the processing of data in the same manner in which it was given, or by sending a corresponding notification to the e-mail address: info@cloudhosting.lv, and in such case the further processing of data based on the previously given consent for the specific purpose will not be carried out henceforth.

The withdrawal of consent does not affect the processing of data carried out at the time when the client's consent was in force.

By withdrawing consent, the processing of data which is carried out on the basis of other legal bases cannot be terminated.

COMMUNICATION WITH THE CLIENT

CloudHosting carries out communication with the client using the contact information indicated by the client (telephone number, e-mail address, postal address).

CloudHosting carries out communication regarding the performance of the contractual obligations of the services on the basis of the concluded contract (for example, the coordination of the time of the delivery of goods or of the performance of service, information about invoices, about planned works, changes in services, etc.).

COMMERCIAL COMMUNICATIONS

CloudHosting carries out communication regarding commercial communications about the services of CloudHosting and/or of third parties and other notifications not related to the provision of services (for example, client surveys) in accordance with that laid down in regulatory enactments or in accordance with the client's consent.

The client may give consent to the receipt of commercial communications of CloudHosting and/or of its cooperation partners on the CloudHosting and other internet pages (for example, the forms for subscribing to the receipt of news).

The consent given by the client to the receipt of commercial communications is in force until the withdrawal thereof (also after the termination of the service contract). The client may at any time refuse the further receipt of commercial communications in one of the following ways:

  • by sending an e-mail to the e-mail address: info@cloudhosting.lv;
  • in person at the CloudHosting office;
  • by using the automated possibility provided for in the commercial communication to refuse the receipt of further communications, by clicking on the refusal indication at the end of the respective commercial communication (e-mail).

CloudHosting ceases the sending of commercial communications as soon as the client's request to withdraw consent to commercial communications is processed.

COOKIES AND THIRD PARTY TOOLS

The site uses its own cookies that are required for it to work: the visitor's cookie choice (ch_cc), the session and the cart, and the client area login (ch_panel). They are not used for advertising.

Analytics and marketing tools are off by default. They load only after the visitor accepts them in the cookie dialog.

With analytics consent the site loads Ahrefs Web Analytics, which counts page views and load times. It sets no cookies.

With marketing consent the site loads the Meta Pixel and Google Ads conversion tracking. They show which ad led to an order and let us show our ads on other sites. The cookies used are _fbp, _fbc and _gcl_au.

When an order is placed or paid, Meta and Google Ads receive the amount, the currency and the invoice or payment number. Google Ads also receives a hash of the email address (SHA-256) so the order can be matched to an ad click. The email address itself is not sent. This happens only with marketing consent.

Google and Meta process this data under their own terms: Google Privacy Policy, Meta Privacy Policy.

Consent can be changed or withdrawn at any time through the cookie settings at the bottom of the page. After withdrawal the marketing cookies listed above are deleted.

FINAL PROVISIONS

Links to the internet websites of third parties, which have their own terms of use and personal data protection provisions and for which CloudHosting does not assume responsibility, may be placed on the CloudHosting internet website.

CloudHosting may amend and supplement the Privacy Policy, making the current version thereof available on the CloudHosting website.

You can find a sample data processing agreement here.