A. Legal Notice
The following terms applies to all services delivered under the following legal entity:
Ultra Networks S.R.L.
Company ID: J40/20966/2005
Address: 70, Camil Ressu Blvd. Bl. PM26, Sc. B, AP. 60
031762 Bucharest Romania
Ultra Networks S.R.L. is registered in Romania, owned by Alex Moise and operated worldwide via Internet by Alex Moise directly or through contractors.
- These terms and conditions apply to all business relationships between the customer and Ultra Networks S.R.L, following named as “us” or “we”; in this respect, the services referred below will be named as “our” services.
- We reserve the right to make technical and other changes within reason and to change these Terms and Conditions to reflect the up-to-date conditions. We will send a notification to the email registered in Client Portal announcing the changes any time these changes may occur. Client is responsible to check this page and to reply to the notification email in case the new Terms and Conditions cannot be accepted for any reason.
- The governing law is that which was valid when the contract was put into effect.
- Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
C. Scope of services
- Services offered are:
a. Web hosting for WordPress websites and Woocommerce online shops, together with adjacent hosting services required for complete domain usage (included, without being limited at: DNS, databases, email, webmail, spam filtering, FTP, SSH, GIT, backup, control panel access for self service configuration);
b. Development, support and project management for websites and other software projects.
- The services referred in paragraph C-1 above are private B2B services offered only where appropriate based on an initial assessment. Non-customers can request these services using the contact page.
D. Description of Web Hosting services
- Customer’s account will be hosted on a shared server located as favorable as possible for website visitors. The location of the server will be chosen by us and agreed with the customer before starting providing the web hosting services.
- We guarantee that server resources management will be carried out in such way that there will be no usage bottlenecks on our servers. This may include, without being limited at, limiting number of hosted domains per server machine, using special caching systems and plugins, deploying client content through CDN services.
- We reserve the right to set certain soft-limits on server resources; we will monitor these limits and we will send email notifications to either server administrator or client account email when these soft-limits are about to be reached or has been reached already.
- Using our servers for mass mail sending is not allowed. Customer agrees to limit the recipients per email message sent to maximum 20 and to send no more that 20 email messages per minute. Exceeding these limits is monitored and may lead to temporary account blocks or to complete termination of customer account, at our choice.
- All account, domain and website settings can be checked and altered by customer using the dedicated control panel. This includes, without being limited to: back up and restore, PHP version change, email accounts set up and management, DNS options and records management, spam filtering options, free Let’s Encrypt SSL certificates request and renew, GIT repositories setup, etc.
- Using the control panel and server resources for malicious purposes leads to immediate account termination. The malicious purposes can be, without being limited to: uploading email-sending, web-scrapping, or non-Wordpress scripts; sending mass emails; scanning of foreign networks or foreign IP addresses; automated server resources consumption (like automatically creating users or databases).
- All WordPress websites hosted on our servers carry an automated backup job that runs once per week. The backed up files and databases are stored on the same server where the domain is hosted and is the client responsibility to periodically download the account backups from our servers. External backup location is provided on request and is not included in the hosting package. Backup restoration can be requested individually when needed and is not included in the hosting package. Email messages are not part of the automatic backup.
- All hosting accounts are automatically backed up in full every two weeks. Backup includes website, database, email, DNS entries, users and passwords, digital certificates, cron tasks and any other domain and account settings. Website backups mentioned above are not included in this backup. These backups are stored on an external storage unit and can be restored at request without any additional cost.
- All hosting accounts include free written support during weekdays (Monday to Friday) and, subject to availability, limited written support during weekends. The standard response time is the same working day during weekdays between 8:00 to 18:00 GMT or next working day outside of these intervals. Client will send the support requests to our support email address or Skype/Whatsapp contacts we provide. The response to support requests may or may not include a solution, depending on the request.
- Hosting support does not include: website debugging, development or maintenance, email client configuration neither on client desktop or mobile devices, etc.
- We reserve the right to immediately suspend websites which behave malicious due to exploited security issues. This will be done on a temporary basis until the security issue is fixed. Fixing security issues in client website and/or content is not part of web hosting services.
- All databases hosted on our servers are automatically checked, repaired and optimized on a weekly basis. For corrupted databases this may lead to loss of data. In order to avoid such situations the client can restore one of the previously created backups using the dedicated control panel.
E. Description of Development, Support & Project Management services
- The development, support and project management services are not part of our Web Hosting services described in section D above.
- Development services generally means custom PHP/MqSQL/JS/CSS development for web sites based on WordPress or web shops based on Woocommerce. Other development services available on request. These may include, without being limited to: android/iOS mobile development, Laravel, React, Angular, PHP etc. We reserve the right to choose the best approach for each project and agree that with each customer before proceeding with the actual development.
- Support services may include, without being limited to: WordPress plugin/theme support in private or public forums, individual help setting up, debugging and using of WordPress themes or plugins, individual help for configuring, using or setting up the website, control panel, email clients, external services or any other system or service we agree.
- Project management goes from analyzing beneficiary requirements and correctly setting beneficiary expectations up to creating appropriate requirements for providers and suppliers and monitoring the deliveries for matching the requirements. Also includes planing the resources, acting as a single communication point between all the parties involved in project, training any party that needs training and checking or creating the documentation as needed.
- Exact terms and conditions will be discussed and agreed as needed for each task/project individually.
F. User data
- The client undertakes not to use our systems or services to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good business faith is not permitted.
- The paragraph F-1 above also applies to emails sent using our servers and to links contained in website content if these leads to or promotes such content.
- The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising messages to third parties. With regards to the sending of email messages, it is forbidden to provide false sender information or to conceal the identity of the sender by any means.
- We reserve the right to suspend access to any account that breaks the rules in this section F.
G. Data security
- The client understands that data security is heavily dependent on accounts passwords, therefore is responsible for the strength of the passwords used. We strongly discourage using the same password for multiple accounts or using simple or short passwords for any account on our servers. We reserve the right to enforce passwords strength rules where necessary and to temporarily suspend access to services where the access was compromised, based on our monitoring services.
- We are conducting automated weekly virus scans which automatically quarantines any script that contains malicious code from client/user space.
- All email messages sent and received using our servers are automatically scanned and those containing viruses or malicious content will be automatically removed from mail delivery queues.
H. Price, invoicing and payments
- The current & valid price is agreed individually for each service or project based on resources necessary for customer configuration.
- Depending on the contractual agreement, a one time, monthly, quarterly or annual account will be issued. All payments are carried out through issuing an invoice. Payment is due immediately upon receiving the invoice.
- All invoices (past, due and paid) are available in customer portal as well as payments and recurrence information if applicable.
- All payments can be concluded by the client online, in customer portal, using one of the available payment methods. Recurrent payments can be concluded automatically at timed intervals, at client choice.
I. Contract duration/cancellation
- Where not otherwise contractually agreed, the Web Hosting contracts are in place for an indefinite period of time.
- Where not otherwise contractually agreed, the Support, Development & Project Management contracts are in place until the completion of task/project or as long as agreed or needed.
- The contract can be cancelled without giving reasons by both parties with a 30 days pre-cancellation notice.
- In case of Web Hosting services contracts, if the amount paid by the client covers a time frame longer than the effective cancellation date plus 30 days, then the remaining amount will be refunded by us to the client.
- In case of Support, Development & Project Management contracts the amount for any task/milestone which is current at the effective cancellation date will not be refunded regardless of its completion status.
- We are entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of one full month period that the customer did not pay a substantial part of the compensation owed. For Web Hosting contracts that means account suspension and possibly data deletion if we need the disk space occupied by this data. Another important reason can be that the customer fails to comply with any requirement in the current Terms and Conditions.
- For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
- For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.
- If the customer’s web content is in violation of paragraph F, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defense costs (e.g. court and attorneys’ fees).
These Terms and Condition were last updated on: 2019-09-20.