FOCUS HOST TERMS OF SERVICE
1. GENERAL PROVISIONS
1.1. These terms regulate the relations of focushost.lt (Hereinafter – “Supplier”) administration and natural or legal person (Hereinafter – “Customer”) (the inter-laws, duties and responsibility), which emerged while the focushost.lt administration rendering, and Customer using the services of the data transfer, hosting and storing/protection while using the services in the in the website focushost.lt and, as well the other actions necessary for the performance of these services (hereinafter – Services).
1.2. The natural or legal person can become the Customer of the focushost.lt only in case he/she agrees upon all the provisions of the agreement.
2.1. The Customer, after receiving the preliminary invoice, shall pay to the focushost.lt for the Services within 3days, with reference to the Supplier’s indicated rates, which are presented on the website www.focushost.lt (hereinafter – Service rates), unless Parties agree otherwise.
2.2. The Supplier after informing the Customer, reserves the right to change the Service rates, which can be applied when renewing the terms on the Service validity and when ordering new Services.
3. PERIOD OF SERVICES
3.1. At the end of the Service period for which the Customer has paid, the Customer receives the email request about the service supply extension. The Service supply may be extended, in case the invoice is paid. Otherwise, the Services are terminated.
4. OBLIGATIONS OF THE PARTIES
4.1. The Supplier undertakes:
4.1.1. to launch the Services for a Customer within 1 (one) business day, if the Customer fulfilled the requirements indicated in the Clause 2.1.
4.1.2. to offer the free consultations within the period of the valid agreement related with the Services supplied;
4.1.3. to inform the Customer not later than 24 (twenty four) hours in advance about the planned preventative works, due to which the continuity of the Service may be disturbed;
4.1.4. to inform the Customer in writing (in email) about the changes in the Services prices and payment order not later than 1 (one) month in advance;
4.1.5. not to change the prices and order of Services, until all the Services, the Customer has paid for
in advance, were provided;
4.1.6. to give no information of the electronic logging or any other information of the Customer stored and received to the third parties without the consent of the Customer. The data of the electronic logging. Other received and stored information can be given to the Third parties only with reference to the Laws of the Republic of Lithuania;
4.1.7. to ensure the continuity of Services at least 97 % in a month, in case the Customer executes all the obligations, indicated in the Agreement;
4.1.8. to protect the information stored and received by the Customer by all the available and reasonable means.
4.2. The Customer undertakes:
4.2.1. to use the Services, in accordance with the terms indicated;
4.2.2. immediately inform the Supplier about the noticed Service problems;
4.2.3. to pay for the Services in compliance with the rules of agreement;
4.2.4. to present the correct contact information and in case in any changes of it, to inform the Supplier about it within 7 (seven) days.
4.2.5. to pay for the exceeded resources of the server, in accordance with the Service rates.
4.2.6. not to install in the server the operating chat programmes, not to use servers for the massive sending of spam emails.
4.2.7. not to use the servers of the Supplier for any activity, which is directly or indirectly related with the illegal or violating the copyrights (illegal audio, video records or software and etc.) activity;
4.2.8. not to use the servers of the Supplier for advertising or other illegal purposes, violating the rights of other customers, the Laws of the Republic of Lithuania or any other international agreements, signed by the Republic of Lithuania;
4.2.9. not to engage in any activity, which significantly burdens the work of the Supplier‘s servers and requires the disproportional resources of the Supplier‘s servers (processor, memory, data flow, data flow rate, the number of the loggings to the server or database and so on.), including, but not limited to highly active use of scripts.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Supplier is not liable for:
5.1.1. any problems of the Services, which emerged due to the Customer‘s fault while installing wrongly the settings of the hardware or software and other mistakes, the breakdowns in connection or other harmful factors, which originated due to the inappropriate actions of the Customer or the third parties;
5.1.2. for the information, its contents, its legitimacy and fairness, which was directly or indirectly received by the Customer while using the Services of the Supplier;
5.1.3. for the third parties electronic access or attempt to connect to the database of the Customer, if this happens due to the fault of the Customer;
5.1.4. for the data storage and protection of the Customer after the agreement is terminated;
5.1.5. for the contents of the Customer‘s website, the illegal software or other information.
5.1.6. for the troubles of the servers, caused by the factors beyond the Supplier‘s control (force majeure) (fire, flood, war, electricity disturbances, acts of terrorism, thefts or other possible unforeseen forces).
5.1.7. for the material, moral or any other damage experienced by using the Services of the focushost.lt.
5.2. The Customer is liable for:
5.2.1. the authenticity of the provided identifying information. The Supplier has a right to request from the Customer the documents confirming the identity information;
5.2.2. the legitimacy of the information stored and undertakes that the stored information does not violate the Laws of the Republic of Lithuania;
5.2.3. for the confidentiality of the electronic logging in data.
6. THE TERMINATION OR LIMITATION OF THE SERVICES
6.1. The Supplier has a right ex-parte to terminate or restrain the provided Services, when:
6.1.1. The decision of court or any other competent authority of state is issued based on that;
6.1.2. The Customer is delaying to pay for the Services more than 3 (three) calendar days from the date of the invoice or, in general, breaches other liabilities, identified in the agreement;
6.1.3. The Customer engages in any other activity, which significantly burdens the working of the Supplier‘s hardware and software or which requires disproportional resources, including, but not limited with the severely active applications or use of databases, and in case the Customer was warned, he/she did not eliminate the interferences;
6.1.4. Some terminated Services can be restored. If the Customer is willing to restore the Services, he/she shall apply in ten calendar days in writing to the email address email@example.com. There is no guarantee that the terminated Services will be successfully restored. In case, the Service restoration is unsuccessful, the payment for the Service is returned.
6.1.5. After terminating or limiting the Service due to the Customer‘s fault, the Customer is not released from the payments determined for the Service supply.
7. OTHER TERMS
7.1. In relationships with the third parties the Parties respond individually. The Parties are not liable for the indirect losses.
7.2. if the Customer violates the provisions of the Supplier‘s Service, the Supplier has a right to cease the service supply immediately.
7.3. The Supplier reserves the right to terminate temporarily the Service supply in case of preventative works or/and in case of unexpected problems of software.
7.4. The Supplier reserves a right to change these provisions.
7.5. All the information about the Customer is confidential and shall be presented to the third parties only in case the Customer gives permission, except the cases indicated by the Laws of the Republic of Lithuania.
8. INFORMATION ABOUT THE SUPPLIER
Focus Host paslaugas Klientui teikia:
IĮ „Focus Studio“
Draugystės g. 19, Kaunas 51230
Įmonės kodas 302778572
Ne PVM mokėtojas
Interneto puslapis – www.focushost.lt
Focus Host Services to the Customer are provided by:
“IĮ Focus Studio“
Draugystės g. 19, Kaunas 51230
Company code: 02778572
No VAT code
Internet website: www.focushost.lt
The email for Customer Services: firstname.lastname@example.org
The Customer agreeing with these provisions, confirms that:
– he/she is completely familiar with the provisions;
– he/she is aware about the contents of the provisions;
– he/she gives consent to present the personal data;
– he/she agrees that the provisions do not violate his/her interests and he/she undertakes them.