LEGAL SECTION
Cloud-Origin believes that the stable and high availability hosting service is critical.
That’s why our Service Level Agreement (SLA) is created to protect our customers against unscheduled interruptions of service. We guarantee unmatched levels of availability and compensate our customers for failure to comply with the clauses of the SLA.
This Legal section of the website features an Agreement of guarantees of the delivery of services hereafter referred to as “Service Agreement” (abbreviated as SLA) applies to relations between Cloud-Origin and to any customer who commissions the services of said company.
All the customers of Cloud-Origin agree to the terms as an integral part of any contract for delivery of services which begins automatically once the web subscription form is filled out and submitted electronically. This agreement regulates the relationship between the business customer (you) and the service provider (us). It covers all the services which you, the subscriber, have chosen to initiate and the related charges.
This agreement may include additional documents if services purchased require the customer to comply with further conditions.
When we use the terms “Agreement”, “Service Agreement” or “Agreement of guarantees of the delivery of services” on any of the websites of Cloud-Origin, in printed documents, electronic mail or other documents or correspondence, this refers to the entire document, not just parts of it. As our customer, you consent to the Service Agreement at the start of each subscription. This agreement starts immediately following the submission of an order form on our website or after signing a contract and is in force until the expiration of the subscription period. Unresolved issues such as missed payments or other controversies of a legal nature may result in a disruption of the agreement. Cloud-Origin accepts explicitly that every customer who completed an order form (“Document for Entry into Service”) has read the service order agreement, is familiar with its terms, and agrees to abide by them. Cloud-Origin contends that this Agreement is meant to be implemented in the mutual interest of parties to which it applies.
SERVICE LEVEL AGREEMENT (SLA)
This Service Level Agreement (SLA) of guarantees of the delivery of services, hereafter referred to as “Service Level Agreement”, “Service Agreement”, “Agreement” (or abbreviated as “SLA”) applies to relations between Cloud-Origin and to any customer who commissions the services of said company.
When we use the terms “Agreement” or “Agreement of guarantees of the delivery of services” on any of the websites of Cloud-Origin, in printed documents, electronic mail or other documents or correspondence, this refers to the entire document, not just parts of it. As our customer, you consent to the Service Agreement at the start of each subscription. This agreement starts immediately following the submission of an order form on our website or after signing a contract and is in force until the expiration of the subscription period. Unresolved issues such as missed payments or other controversies of a legal nature may result in a disruption of the agreement. Cloud-Origin accepts explicitly that every customer who completed an order form (“Document for Entry into Service”) has read the service order agreement, is familiar with its terms, and agrees to abide by them. Cloud-Origin contends that this Agreement is meant to be implemented in the mutual interest of parties to which it applies.
You will be asked to sign a “Service Order” (also “Procedure for Service”) document which Cloud-Origin will prepare depending on the services which will be provided. The “Procedure for Service” includes all components of the service that you wish to be included and the associated costs. The “Procedure for Service” includes the entire agreement and guarantees of the delivery of services (SLA), which include “Basic Agreement” (General Service Agreement), “Conditions for Use of Services” (Terms of Service) and “Limits on Use of Services” (Acceptable Use of Policy). It may also include additions to the SLA if requested services by the client require Cloud-Origin more conditions. The word “agreement”, refers to any of the above mentioned interrelated documents. The agreement shall be enforceable once the “Procedure for Service” document has been issued.
Conditions of Service (Acceptable Use of Policy) : Conditions for the use of services are published on our website. They can be found on the homepage of Cloud-Origin and links to this page can also be found on the order form.
Software : Software refers to the operating system (OS) and other programs and applications installed on our servers. As our customer, you have the right to use the software produced by Cloud-Origin. This software is copyrighted and is the property of Cloud-Origin. If we use any software owned by a third party, this will be clearly indicated. If any technical and other support is necessary for software owned by a third party, understand those companies are not bound by this agreement. Furthermore, Cloud-Origin is not responsible for the software and/or programs produced and/or installed on servers not owned or operated by Cloud-Origin. Please note that the proper use and operation of software owned by another party, which is not part of this agreement, may require you to directly contact the software manufacturer, which may include payment of fees, the acquisition of licenses or other forms of payment for use. Such relationships are entirely your responsibility and Cloud-Origin. is not liable.
Hardware (Equipment, Devices) : Servers, virtual servers, or shared space that you use as our customer which include high-quality components. They are 100% owned by Cloud-Origin and made available for our customers to use, unless a contract explicitly states otherwise. The customer is responsible for the equipment and any loss or damage that may occur while in use. If any of the hardware components of the server fail under normal use conditions, Cloud-Origin will temporarily remove the parts from use in order to replace or repair the component.
Cloud-Origin issues a principled commitment to get the server back online within five (5) hours if the damage happens during the regular business hours of 9:00 am to 5:00 pm on weekdays. Failure to restore the server within this five (5) hour period will result in a credit to Customer’s account which can not exceed thirty times the amount of forced interruption. The client is entitled to receive cash compensation or receive one free service month. “Emergency break” (Downtime) is the total number of minutes that had interruption service. This price is calculated based on monthly fee customers pay for use service Cloud-Origin.
If the customer prefers to obtain a credit, this amount is calculated based on the service plan. The credit cannot exceed the monetary value of one service month. If, for whatever reason, interruption of the services described above, significantly exceed the equivalent of one month’s service, Cloud-Origin may compensate customers by reducing the monthly fee for additional periods of time.
Please note that this part of the conditions for use of services relates exclusively to dedicated servers and equipment owned by Cloud-Origin. These conditions do not apply to hardware, servers and equipment owned by the client and put it to use in a data center infrastructure by Cloud-Origin. Please also note that the standards and deadlines for the restoration of interrupted service are based on regular weekday working hours. Outside of those parameters, it is very possible that the deadline for the restoration of interrupted service could be extended considerably. Because of various circumstances relating to third parties, Cloud-Origin does not guarantee the time period in which to identify and remedy problems in the hours after 5:00 pm Eastern Time.
Please also note that the internal standardized method which Cloud-Origin utilizes to identify and repair hardware problems with your server should not take more than two (2) hours. Since this agreement governs the legal relations between Cloud-Origin and our customers, we aim to be extremely precise in assuaging any problems with service operations and are always looking to provide for the most expedient method of recovery.
Standard Business (working) Hours: This is the time period between 9:00 am and 5:00 pm EST. This time period refers to the time zone where the server or other equipment in use is physically located.
Third Party Software : Please note that the software programs and property of third party that are not installed on Cloud-Origin servers may require technical and other support from producers or copyright holders. Any additional cost for maintaining software and programs owned by third-parties is the sole responsibility of the customer.
Network : The Cloud-Origin network is designed to ensure a high level of performance, usability and availability of service. Cloud-Origin insures 99.99% network utilization (uptime).
Network Unavailability (Network Downtime or Downtime of the network) : Network Unavailability is defined by this agreement as a 100% loss during transmission of data (data packets) from the server(s) of the client, located in a data center and/or Cloud-Origin network to the nearest internet backbone server. Please keep in mind that network is defined as what Cloud-Origin owns: the C class IP (Internet Protocol) network of servers utilized by our customers.
100% guarantee (Network Uptime) : Cloud-Origin will reimburse 5% of the monthly fee paid for use of web hosting services for every 30 minutes that there is a disruption in the availability of the network (Network Downtime). The maximum amount of credit that customer is eligible to receive can reach is 100% of the fee paid by the Customer to use the services that were not available.
Managed Hosting (Managed Service) : The customers of Cloud-Origin Managed Hosting services are eligible to receive priority access to special services including technical support which can help resolve any technical problems faster and ensure a higher level of hosting service and the fastest possible service. Using Managed Hosting services is to the advantage of Cloud-Origin customers who are then able to use the technical expertise of Cloud-Origin for any aspect their relationship with the company. It includes tips and advice on choice of hardware, software configurations and comprehensive hosting solutions.
24/7 Support (Customer Service) : 24/7 Support means that Cloud-Origin has an employee or a contracted agent available 24/7 at our main data center, based out of South Bend, Indiana. It also means that our Customer Support and Network Operations Center (NOC) work 7 days a week.
Server Bargains (Discount Dedicated Servers) : Restocked servers, that have been previously used by Cloud-Origin customers or any third parties. No compensation is due to customer who purchased an item listed in “Server Bargains”. Cloud-Origin may not be hold liable for any loss of data, interruption of any particular service or total downtime, result of failure of any hardware component.
Interruption of service : “Service disruption” includes inability to be use HTTP, POP3, SMTP, FTP, SSL and DNS on the way in which they were configured for our customer.
“Emergency break” (Downtime) : This is defined as an interruption of service for at least 10 minutes.
Forced break : is when the server or servers are not available through standard means of communication in the internet, or trying to reach the network Cloud-Origin from the nearest internet backbone when the service (equipment) is able, but not functioning.
Response : The services defined above are subject to guarantee; breaks in service will be restored to typical usage within two (2) hours from the identification and validation of the forced interruption by a team member of Cloud-Origin.
Credit : In a case where there is a forced interruption of service for more than four (4) hours because of problems with the network, rather than hardware, the customer may request to receive monetary compensation equal to 25 times the amount of the the actual forced interruption of network availability.
Monetary compensation is calculated based on the monthly fee for the service which the customer pays. It cannot exceed the cost of the service the customer pays for one (1) full month and will only be paid once per calendar month. Any compensation shall be calculated using the following formula: total number of minutes of a forced break, times the monthly cost paid per minute by the customer, and multiplied by 25.
Monetary compensation will be paid no later than the end of next working month, unless there have been additional circumstances which require technical expertise or other documentation necessary to clarify the situation of forced interruption. Cloud-Origin may decide to accelerate or slow down the payment of cash compensation if the delay is a result of circumstances which not provided for in this agreement.
Copies of Data (Backup) : Cloud-Origin customers should understand that maintaining copies of customer data is not part of the service provided by our servers or managed servers, unless this is expressly written into the contract. If the client does not explicitly record said specification into a contract clause that Cloud-Origin is not obliged to make a copy of the information stored upon the server and therefore will not take responsibility for any loss of information the customer had stored on servers. Cloud-Origin customers using servers and managed servers are aware of the fact that they are responsible for having copies of their data outside these servers.
This includes any loss of data due to hardware failure or any other type of system error. In cases of data loss when the client has no explicit clause for Cloud-Origin to provide a copy of the information, Cloud-Origin will not be liable for any damages that the client suffers as a result of loss of information. To better serve its customers and to minimize risks for any loss of information, Cloud-Origin offers standard server configurations in which customer information is secured with 2 (two) or more information media (hard drives, HDD).
Service Order (Online Service Order) : This is either a paper document or a submitted web form, for entry into service, in which the conditions and standards of the described services and the resulting products utilized are specified. Any service provided must have the necessary “Proof of Commissioning”. This is document which shall be signed by you, or an authorized representative, our customer. In web pages under the Cloud-Origin for domain “service commissioning” submitted by the client to Cloud-Origin through the Order Form. These forms contain a box “I agree with this agreement and the guarantees of the delivery of services” (the Agreement) which once the document has been completed and submitted, the client has stated compliance with the Agreement.
Disk space (Storage Space) : The phrases “disk space” or “storage space” mean the space of a hosting account physical location of disk arrays on servers of Cloud-Origin.
Data transfer (Bandwidth) : Data transfer is the total amount of information placed (uploaded or downloaded) into your hosting account (virtual or physical) by an agent who is outside the Cloud-Origin’s network. When internet users visit your web pages, your hosting account to your computer sends data to the visitor. This data may include web pages, photos, videos, sound files, software programs, compressed files and anything else you may apply to your webpages and/or may be placed or downloaded from your account. The more visitors you have on your website, the more general transfer of data through your hosting account.
Restrictions (Limitations) : Only clients with managed hosting services provided by Cloud-Origin will be extended the package of guarantees known as the “Managed Hosting Guarantee” as defined in the Agreement. Restrictions and safeguards are in place if service is unavailable and/or there is an involuntary interruption of service due to a problem in the hardware that serves the stability of the network services and other internet components that are outside the Cloud-Origin network. This includes such components or network services that Cloud-Origin customers use to get to the internet. Any monitoring systems that are not part of the Agreement or not enrolled in a contractual relationship with Cloud-Origin cannot be used as a tool for screening nor for used as evidence of the condition of a service. Data retrieved from such monitoring systems cannot be used to evaluate terms of this Agreement or any contract Cloud-Origin has with a client.
Guarantees and compensation protected in this Agreement do not apply in any case where there is an attempt to damage or remove non-built components of the Cloud-Origin network or the customer’s equipment. In the presence of a serious hardware problem, response times to a customer can be increased by one (1) hour, if such time is needed to solve the problem or to identify the fault. Customers are obligated to notify Cloud-Origin if a third party in anyway attempts to harm the usage of service. Upon notification Cloud-Origin will send a confirmation of receipt. This includes the acquisition by a third party direct access to the equipment of the customer.
Customer must prepare documentation which affirms the disruption of regular activity of from a third party that comes from at least two (2) different trace routes made up of different and independent points. Any interruption of service (Downtime) will be measured from the time the customer has reported the forced interruption of service to Cloud-Origin electronically or by phone call, if for some reason the system is not accessible use. The end of the forced interruption of will be measured in time until the point in which the customer may use all its components.
In the presence of an involuntary interruption of service under the procedures of this Agreement, the customer must notify Cloud-Origin within five (5) working days of such a situation and provide information about it via support ticket, email or in writing by documents sent by registered mail to the mailing address of Cloud-Origin: 746 S Arnold St., South Bend, iN, 46619, United States. If this deadline is not met, the customer loses the right to any compensation recorded in the current agreements.
Any customer who chooses not to use monitoring instruments or limit their usage does so with the understanding that this customer of Cloud-Origin automatically loses the right to receive the compensation provided for under this Agreement.
Depending on your choices specified in the Agreement and to the extent to which our criteria covers the technology, Cloud-Origin will create and provide IT hosting services as defined by the standards secured in the Agreement. Cloud-Origin will also provide a range of additional services and products according to any requirements a customer may have.
Cloud-Origin will comply with the strict procedures and regulations instituted under the Agreement as it is these parameters which allow us to provide the highest possible quality services to our customers.
According to the types of services you commission and in accordance with the contractual relationship between you and Cloud-Origin in the Agreement, we will gladly provide you with the technological expertise and assistance with your internet projects.
You, as a customer, have agreed to use the services of Cloud-Origin and understand the necessary level of security and caution, including the sharing of information and documents with Cloud-Origin, storing data on the server(s) that you use. Moreover all customers are required to comply with the legislation that governs the applicable content on the servers that are used, and will follow strictly the Acceptable Use Policy (AUP) of Cloud-Origin. As our client you are obliged to cooperate with each Cloud-Origin. warranted investigation of a forced interruption of service, security problems, and any other violations of this agreement.
You agree to provide the accurate information to Cloud-Origin, so that both parties can benefit from correct documentation, including the collection of necessary taxes (VAT) and charges for licenses, etc. You also may need to collaborate with Cloud-Origin on cases in which law enforcement requires information relating to the contents of the server(s) which you use.
Customers must provide correct and accurate information within the customer profile, including that which relates to financial dealings with Cloud-Origin. Customers of Cloud-Origin will be required to pay all service charges and liabilities arising from using the services of Cloud-Origin which are clearly described in the “Service Order” form signed by you or activated once you submitted the completed order form electronically.
Cloud-Origin does not promise that the service will never be interrupted or delivered without accidents or errors. You, as our customer, acknowledge that there are risks inherent in internet connectivity, which can ultimately lead to loss of confidentiality of data you and the ownership of the content on your servers.
Cloud-Origin refuses to take specific or comprehensive safeguards on matters which are not described in the Agreement (SLA). Customers are fully responsible for whether or not selected services are suitable for the intended activities and achievements. If you signed a contract that expressly provides for additional services or products at any given time, Cloud-Origin will provide them based on their presence and specific opportunities at the date of such request.
Cloud-Origin does not promise, and assumes no obligation to make a copy of your information (Backup), unless such service is not ordered from you and does not appear as part of the services you use and/or is not part of the “Service Order “signed by both parties. We do not promise and are not required to work on the recovery of your lost information that we were not obliged to secure under this Agreement.
Cloud-Origin is not responsible for unauthorized access to your data through your account by third parties, unless they are the result of our error or technical failure in securing the services we provide as listed in standards of the Agreement. You are fully responsible for the use of Cloud-Origin services rendered by your employees and/or others who may have access to your account and servers. Customers will shoulder full responsibility for any eventual damage and interruption of service due to the negligence shown on their side.
The initial period begins at the time of signing the “service commissioning” order form. This period is indicated as the dates in which Cloud-Origin begin to provide the service as agreed upon by the customer. Before the expiration of a contract Cloud-Origin. can offer an extension, which may include adding or deleting clauses to the previous agreement. If neither of the two parties requires a renewal of contract with changed conditions, the contract automatically continues as previously stated in the Agreement as a month to month period. In the absence of a signed new contract, the previous agreement governs all relations between the two parties for each subsequent one-month period unless either party sends a written 30-day notice of termination of this relationship.
All installation charges and any other fees necessary for entering into service must be paid within three (3) working days after signing the “service commissioning” order form. The first monthly payment is due prior to activation. Service fees for each additional month must be paid to Cloud-Origin within three (3) working days of the monthly due date determined by the actual date of activation. Customers who are part of an automated payment system will be charged on the due date or up to five (5) working days thereafter. If fees result from the use of various additional services or the use of higher quotas for data transfer, etc. those will be charged during the month following that in which the service was used.
All fees must be paid on time. Cloud-Origin reserves the right to terminate service if payment has not been made within five (5) working days after the last period. This termination extends to any other related services the customer may have as well. Customers are responsible for any reactivation fees, if any exist. Late payments will accrue interest charged by Cloud-Origin. The rate is 1.5 percent per month and is charged for each day on the arrears. For all payments overdue by more than 30 days, in which Cloud-Origin finds it necessary to collect by legal means, the client pays all expenses incurred by the provider for the collection of duties, including expenses for legal fees.
If a bill for services is paid by check or credit card and the bank refuses payment because of insufficient funds Cloud-Origin will require payment of an administrative fee appropriate to the costs of receiving payment.
If the fee the customer pays to Cloud-Origin is for services on a contract which has expired, Cloud-Origin reserves the right to increase the fee for the use the services but will not do so without sending the client written notification at least 30 days before the payment due date of the new increase.
If Cloud-Origin becomes required by law to pay any fee or tax, arising from the use of customer service, the customer is obliged to cover costs incurred.
GENERAL TERMS OF SERVICE (TOS)
GENERAL TERMS OF SERVICE (TOS)
The General Terms Of Service (also “General Terms And Conditions”, “Conditions For Use Of Services”, “Terms of Service”, “Terms” or TOS) are part of the Service Agreement (Service Level Agreement) and the guarantee of the delivery of services (SLA) and regulate relations between Cloud-Origin and the clients and using the services. As an Cloud-Origin.com customer, you agree to abide by the “terms”, together with other parts of the Agreement.
Cloud-Origin.com provides hosting services in three data storage centers – in Europen Union. Each of our clients who choose to keep websites, computing instances or any other form of data in a Cloud-Origin data center accepts that it must comply with the national standards and legislation associated with the use of web content in that country. Cloud-Origin provides advice to its clients when sending a request to hosting services and limits their use, but assumes no obligation to automatically inform them about what type of content is acceptable or unacceptable in that country.
Cloud-Origin will create and activate your hosting account after receiving payment for the commissioned service and upon approval by our technical team. Service classes requesting “Cloud Servers”, “Virtual Servers” and “Leased servers” must fill out a Service Order and/or sign a contract with Cloud-Origin , where one is required. Installation fees required for specific services are nonrefundable. Amounts that the customer has paid for the use of hosting services are subject to financial guarantees as follows:
a) Web (Website) Hosting – 30-day money back guarantee
b) Fully Managed Shared Hosting (FMSA) – 30-day for hosting fee. Managed fee is non-refundable
c) Reseller Accounts – 15 – 30 days money back guarantee
d) Virtual Private Servers – 15-day money back guarantee
e) Dedicated Servers (Server Bargains) – no money back guarantee, if not expressly entered into a contract
f) Colocation Hosting – no money back guarantee
g) Cloud Servers – 5 days money back guarantee
Correspondence between Cloud-Origin and the client should be done in Account Management Zone (Customer Service Center) located at web address https://cloud-origin.com or by electronic mail (E-Mail). Service by telephone or any other means of communication programs such as messaging and internet telephone is a secondary channel for communication for the client and is intended to improve convenience and service. These aforementioned channels are not considered official in terms of communication between you and Cloud-Origin . Using one of these channels for the award of work, communication of technical problems or to send messages is not evidence of communication between the client and Cloud-Origin . and cannot serve as evidence in disputes relating to service quality or performance standards and guarantees as stated in the present conditions and in this Agreement.
When using credit card, debit cards, PayPal and other payment instruments in real time, the customer is responsible for the accuracy of information being supplied. In the event of delay in processing of the order and the payment data’s correctness is still your responsibility. In order to insure reliability of payment customer service operators may ask for copies of identification papers , or other evidence that proves that you are the card owner. You are not obligated to provide any personal information, but if an employee of Cloud-Origin cannot identify you, we may cancel your order.
Upon request by you, team Cloud-Origin can transfer your website to our servers as a courtesy to our new customers However, in order to achieve a high-quality of service; we expect full cooperation on your end with the transfer. If problems of any nature occur, Cloud-Origin is not responsible for your information.
When you take advantage of this type of service you acknowledge that the different platforms and web hosting providers often use have varied technology standards, settings and hosting environments. Therefore, in order to better serve you in the process of moving your website team Cloud-Origin requests that you begin the transfer of information at least 30 days before the expiration of your domain name and at least 30 days before the service to use with another provider is expired.
Cloud-Origin is a business-class hosting provider suitable for IT hosting quality web sites and projects that have clear development plan. All services that we create and provide to our clients must be used for legitimate activities only. As a customer you agree that Cloud-Origin not responsible for the content of your web site and that Cloud-Origin will not have claims brought up against the company as a result of the way you use the service provided.
Below you see examples (that include but are not limited) of websites, activities and prohibited content on Cloud-Origin’s service class “Web Hosting” (Shared Hosting) and “Reseller Hosting”:
* Topsites and top site lists software for indexing
* IRC bots and programs (Scripts/Bots)
* Proxy Agenda and anonymity (Scripts Anonymizers)
* Warez pirate software and content
* Programs such as Photo Hosting at Photobucket and class Tinypic
* Programs and autosurf Web sites and generate traffic (AutoSurf / PTC / PTS / PPC)
* Websites and programs to scan IP addresses and information
* Bruteforce programs and tools
* Program to send mass e-mail or SPAM
* Programs and Systems for rotation of banners, with the exception of those included on the services
* Programs Dump file or create mirror images of sites (Mirror Scripts like rapidshare)
* Commercial software programs and for transfer of audio files (audio Streaming)
* Brokerage, bank or financial data
* Web sites with investment information
* Programs and applications requiring large amount of CPU time and resources
* Websites connected to lottery and/or gambling
* Basic bank programs
* Sites and pages with content relating to appeals or racial slures, intolerance, sexism and aggression
* Hacker sites or sites with tips for overcoming the copyrights or to remove them
* Web sites that promote illegal activities
* Forums or social networks, which serve as distribution of warez, pirated or illegal content
* Sites that serve to defraud lift personal data and preparing or conducting falsifications
The following types of websites, content and data – Topsites and top site lists software for indexing; Proxy Agenda and anonymity (Scripts Anonymizers); Programs such as Photo Hosting at Photobucket and class Tinypic; Programs and autosurf Web sites and generate traffic (AutoSurf / PTC / PTS / PPC); Programs and Systems for rotation of banners, with the exception of those included on the services; Programs Dump file or create mirror images of sites (Mirror Scripts like rapidshare); Commercial software programs and for transfer of audio files (audio Streaming); Brokerage, bank or financial data; Web sites with investment information; Programs and applications requiring large amount of CPU time and resources; Websites connected to lottery and/or gambling; Basic bank programs – are allowed on Virtual Machines and Virtual Servers, Cloud Servers, Dedicated servers and Colocation accounts.
When we use the words “web address”, “domain”, “internet name”, “web name”, “name”, “domain” or “domain name” in this section of the “Conditions” means each “domain name” (Domain Name).
All domains registered by Cloud-Origin for customers entering the Whois database with names and contacts of their owner. Placing of correct data – name, address, telephone, etc. – In the fields for contacts in the registration of web addresses is required. Putting inaccurate or false information is basis for Cloud-Origin.com to suspend services.
Each domain that you register may be placed on status “Confidential” (Whois Privacy Shield), which allows you to hide your domain contacts and personal data from the internet audience. In the case of legal situations Cloud-Origin will disclose to the appropriate authorities, only those who have the right to obtain such information about the owner of the domain.
As a customer, you agree that the fees that you pay for domain registration cannot be recovered from Cloud-Origin if your domain is already registered. Registration of web address (domain) is entirely at your own expense, and once registered name cannot be changed. The domain is your property and Cloud-Origin is not liable for any error in registration; you must pay the registration fee for new domain if you want the web address to be changed.
The domain is your property until the expiration of its registration. As an owner you wear full responsibility for the renewal of the web address and release of Cloud-Origin of any liability to retain, pay, or care for your domain if it has not been paid within seven (7) days before its expiration date.
Each of the web addresses (domain) a customer registers is governed by certain rules which are determined by the owner and the principal register in the area. Upon registration of a domain you agree to the overriding conditions of ICANN and other regional, and national registers. Any violation of any of them can lead to loss of ownership of your domain.
As the owner of the web address you are responsible for its renewal. If the date for the continuation of ownership of a domain is missed, Cloud-Origin.com will examine options for returning your property on the domain, but this is not a commitment that will restore your rights to the corresponding name. Upon recovery of the domain (General TLD – COM, NET, ORG, BIZ, INFO, EU, WS, etc.), whose subscription has expired, the customer must pay a redemption fee between €30 and €150. This fee is required under the rules of ICANN and domain registration partners of Cloud-Origin . If Cloud-Origin can restore the ownership on an already expired domain without paying this fee, you also are exempt from this fee.
If you want to transfer your domain from one register to another, including to the system of Cloud-Origin or beyond, you are required to make a request at least 21 days before the expiration date of web addresses. Failure to comply with this condition could pose a possible risk to your transferred domain, and thus gives Cloud-Origin the automatic right to refuse implementation. When transferring a domain the customer is required to pay all charges which stem from the move in or out of the Cloud-Origin .
All website hosting services of Cloud-Origin meet the highest Linux-based hosting standards of quality in the hosting industry and are produced by software owned by Cloud-Origin .
Using Website Hosting (Shared Hosting) accounts for the storage of backup data (backup/storage) is not allowed except in the case for using the control panel of your hosting account or FTP client to create an external copy of your data and information.
Cloud-Origin shall make weekly copies of the information and websites if utilizing the class of Website Hosting services.
Web sites that use more than 10 GB disk space will be removed from the arrays with back up copies of the information. If you have one web site, we recommend a volume reduction and to use a virtual server or to take care to have a backup copy of your information. Despite these restrictions, Cloud-Origin will continue to store backup copies of the database of such web sites.
All Fully Managed Shared Hosting Accounts (FMSA) are hosted in standardized Linux CentOS based virtual hosting environments and share the resources of the underlying physical of virtual server. No technical exceptions apply to the resource usage of FMSA accounts, unless otherwise is specified in an Online Service Order or in a support ticket.
All fees paid for a Fully Managed Shared Hosting Accounts (FMSA or Managed Service) are non-refundable, except the fees for the remaining 11 service months for FMSA accounts, without registered violations of TOS and AUP, which are eligible for refund in accordance with Cloud-Origin’s 30-day Money Back Guarantee policy. A Customer who has signed up for an annual Managed service (FMSA) on a Shared Account is eligible for refund of the outstanding eleven (11) FMSA fees, if a proper “Request for Cancelation” has been submitted from the Account Management Zone at Accounts.Cloud-Origin.com, within 30 days after the sign up date. If such request is submitted in accordance with the procedures described in the Legal section and in the Knowledgeable section of Accounts.Cloud-Origin.com, the Customer will receive a full refund for fees paid for all Unmanaged web hosting services plus refund for all unused FMSA service months. The prepaid annual FMSA services are non-refundable outside the 30-day Money Back Guarantee policy. Cloud-Origin assumes and Customer acknowledges that if a FMSA service has been purchased on annual basis, on 12-month prepayment, the Customer had an intension to used it for a 12-month period and wanted to take advantage of the discounted price of the service.
Cloud-Origin provides Dedicated Server Hosting And Services to customers from own Colocation Data Centers in the U.S. and Europe and from third party data centers, where the company has presence as tenant. These Dedicated Server Hosting Terms and Conditions (DSHTC), also called Dedicated Hosting Terms and Conditions or Dedicated Hosting Agreement, are designed to regulate the process of designing and providing the highest level of service available for Dedicated Server Hosting And Services delivered from Cloud-Origin’s own data centers. If Customer has opted for Dedicated Server Hosting And Services delivered from 3rd party facilities, other terms may apply in addition to this Dedicated Hosting Agreement.
Special Dedicated Server Hosting Terms And Conditions apply to all Cloud-Origin’s Dedicated Server Hosting And Services. We strongly encourage Customers to make themselves known with Cloud-Origin’s Dedicated Server Hosting Terms And Conditions.
Should Customer has any questions, concerns, special requests or if one needs a separate Dedicated Hosting Agreement to be signed, one may contact Cloud-Origin to discuss a contract on Dedicated Server Hosting And Services and the Dedicated Hosting Agreement.
ue qui velit. Magni dolorum quidem ipsam eligendi, totam, facilis laudantium cum accusamus ullam voluptatibus commodi numquam, error, est. Ea, consequatur.
Cloud account owners, agree that maintaining copies of their data is not part of the Service Level Agreement (SLA) and these Terms of Service (TOS) and of the service provided by Cloud-Origin’s Cloud infrastructure, Shared Cloud accounts, Cloud VPS and Cloud Servers, unless this is expressly written into the contract. If the customer does not explicitly record said specification into a contract clause that Cloud-Origin LLS is not obliged to make a copy of the information stored upon the server and therefore will not take responsibility for any loss of information the customer had stored on servers. This includes any loss of data due to hardware failure or any other type of system error. In cases of data loss when the customer has no explicit clause for Cloud-Origin to provide a copy of the information, Cloud-Origin will not be liable for any damages that the client suffers as a result of loss of information.
SSL certificates (SSL certificates): Cloud-Origin offers its customers the opportunity to use 28/1024 bit SSL certificates. The client pays in full in advance for the wanted certificate. All paid fees for the use of SSL certificates are final and not refundable.
Static IP (Dedicated IP address): A Dedicated IP addresses can be provided the client if deemed necessary. These fees are non-refundable even if the client declines the use of the service.
Domains (Domain names): The customer is responsible for his chosen domain name and the correctness of the symbols within it. Paying for the domain registration fee is non-refundable even if the client wants to withdraw from the service used. When registering a domain, the client remains the owner for the period in which it is registered and paid.
SEO Plan (Website Optimization): This service includes reviewing the content of Web pages and the website code and a written report providing recommendations on improving the optimization of the customer’s website. The service does not include coding work on the website of the customer.
The Internet Access and IP Service (also “Service”) is regulated by Network Services Service Agreement (NSSA). NSSA applies when a customer signs: a) Order Form; b) Terms, as defined in a document customer receives with NSSA, which have to be signed by the Customer with the Network Services Service Agreement (NSSA).
Pursuant to the NSSA, Cloud-Origin provides Internet Access and IP Service to Customer for service charges. Customer’s signature on the Order Form or use of the Internet Access and IP Service or Cloud-Origin Network constitutes one’s acknowledgement and agreement to be bound by the NSSA.
Each Initial Term of the Internet Access and IP Service is indicated on the applicable Order Form. Customer will be deemed to have accepted the Service as of the Service Date. At the end of the Initial Term, the NSSA will renew for successive Renewal Terms equal in length to the Initial Term unless and until terminated as provided herein.
Internet Access and IP Service charges are on the Order Form and do not include applicable Taxes unless so indicated. New Internet Access and IP Service or upgrades/relocations will result in additional fees/charges. If a prior Internet Access and IP Service location remains installed after a new Service location is installed, Customer will be responsible for Service charges for both Service locations until terminated as provided for each Service.
Invoices are sent monthly in advance. Customer agrees to pay all charges and applicable taxes for the Service upon receipt of the invoice without counterclaim, set-off or deduction. A late charge shall be added to Customer’s past due balance of the lesser of 1.5% per month or the maximum legal rate. Cloud-Origin may change the specifications, Terms or charges for the Service for any upcoming Renewal Term by providing Customer at least sixty (60) days advance written notice. Customer agrees that its obligation to pay service charges and Taxes under this NSSA shall survive the termination of the NSSA.
If Cloud-Origin fails to provide the Internet Access and IP Service, the Customer is eligible to get a pro-rata refund based on “1 hour = 1 day” formula for any period of time in which the Internet Access and IP Service was not provided. The Customer is not eligible for a refund if the uplink or the Service chosen by the Customer is down due to a scheduled maintenance, for contracts in which the Customer has specifically opted in to use an Internet Access and IP Service from a specific uplink or IP bandwidth carrier and decided not to use a redundant Internet Access and IP Service.
Customers claiming tax exemption must provide Cloud-Origin with a properly executed exemption form. Termination, Restriction or Suspension of the Internet Access and IP Service is specified in the Network Services Service Agreement (NSSA).
You agree to make a payment for the Cloud-Origin’s services, in advance of the time period during which they are provided. You understand and agree that until and unless you submit a cancelation request (Subject to Terms and Conditions) to Cloud-Origin through your Account Management Zone, in which you state that you desire to cancel any or all services received, those services will be billed on a recurring basis. Please note that this includes the billing periods in which these services might be suspended for any violations of these Terms of Services.
All cancellations must be submitted through Account Management Zone from button “Request Cancelation”, which can be found at “Client Area > My Products & Services > Product Details” for any particular service, at least 5 (five) days prior to the new billing date. Once we receive your request for cancellation and have confirmed all necessary information with you via e-mail if necessary, we will process your request (Subject to the Terms and Conditions) or will open support ticket if we need any additional information or have to get any approval from you.
A Cloud-Origin Sales or Customer Support operator shall confirm your request (and process the cancellation). If you do not hear back from us, or do not receive the automatic confirmation email, after submitting your cancellation, please contact us at 1-574-367-2393.
We require that any cancellation of service or product to be done through your Account Zone in order to a) confirm your identity, b) confirm in writing that you are prepared for all files, e-mail account and any other information to be removed from our servers.
Should you have initiated a chargeback agains Cloud-Origin and violated our Terms of Service all hosting services and products of yours might be suspended, until the chargeback is resolved/canceled. Should you have initiated a chargeback agains Cloud-Origin, you agree to pay a penalty fee of €150 for each reversed payment amount.
As a customer of Cloud-Origin, your solely responsible to keep your payment information up to date, and that all invoices are paid on time. You agree that until and unless you notify Cloud-Origin of your desire to cancel any or all services received (as the procedure is explained in the TOS), those services should be billed on a recurring basis, in accordance with the Service Order, unless otherwise stated in writing in our Terms of Service and Terms and Conditions that apply to any specific products and services. Cloud-Origin reserves the right to bill your credit card or payment information on file in its system. We provide 7 days grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and are not paid will result in a late payment fee of 2.25% and/or an account suspension applies to the invoice. It must be paid in full as a part of the outstanding balance.
The late payment fee is aded on the expiry date of the service or product. Please note that no discounts are available for services or products that have not been renewed prior to the expiration date.
Any customer may cancel a service 5 (five) days before the start of the new service period, via a “Request Cancelation” button, which can be found in the product or service page in their Account Zone. Cloud-Origin guarantees guarantees 30 days money back guarantee on Shared Hosting, and Reseller accounts, paid on annual basis. 7 days money back guarantee applies to Reseller accounts paid on monthly, quarterly or semi-annual basis. Cancellations requested submitted for Shared or Reseller Hosting services after the initial 30 days will not be granted renewal.
Any customer who has missed to submit cancelation request (“Request Cancelation”) for a Shared Hosting or Reseller Hosting service through Accounts.Cloud-Origin.com, five (5) days prior to start of the new service month or prior to the expiration date, and has been charged is eligible to get a partial, pro-rata refund for the unused service months. A €10 (10 Euro) “Cancelation Fee” applies to the account! If the customer has requested a refund within 30 days after the payment has been made (after the renewal date), one has to pay 1/12 of the of the annual price of the Shared Account plus “Cancelation Fee”.
Any products or services for which Cloud-Origin did not receive cancelation request made from customer’s Account Management Zone at Accounts.Cloud-Origin.com, through button “Request Cancelation” must be paid by customer and any unpaid invoice will be due. Unpaid invoices for more than 30 days after the due date will be sent to our Collection department and to a debt collection agency and will be reported to all credit bureaus.
“Limits of use of services” are an integral part of the Agreement (SLA). The customer agrees to them by submitting a commission of service (Service Order) on Cloud-Origin web site and is aware that violation of the rules means that the service they use will be terminated in accordance with the Agreement. Printed as “Limits” or “Rules”, these terms have the same meaning as “limits of use of services.
All inquiries relating to the policy of Cloud-Origin terms of norms can be sent to our e-mail via the contact form and Account Zone.
A customer may not use the network of Cloud-Origin.com or of our suppliers and partners to participate, encourage or promote illegal, fraudulent activities or to demonstrate irresponsible behavior. This includes but is not limited to the following activities:
* There is no right to encourage, support or give support to the infringement of copyrights, software licenses, trademark rights and all other kinds of property.
* No right to perform unauthorized and improper access to data, systems or networks and no right to use the services and network access as Cloud-Origin such.
* There is no right to use the services and network of Cloud-Origin for breakthroughs in technology systems and networks to overcome the security systems and distorting the law to access personal data without the express written permission of the owner of these networks or data.
* There is no right to make the transfer of monitoring data or traffic on any network or system without express written consent of its owner.
* There is no right to interfere in the network Cloud-Origin.com or any other network, including sending unsolicited and unauthorized e-mail for commercial purposes and to send any electronic queries that lead to load or limiting the ability of systems and networks.
* There is no right to use the hosting account of another customer/person without his written permission.
* There is no right to use the network of Cloud-Origin for the collection or use of electronic mail addresses or other identifiers without the express consent of the other party. This includes but is not limited to, spamming, theft of passwords, or collect personal information without the consent of the owner.
* There is no right to use false, misleading or false TCP-IP information and data in e-mail (Email) or newsgroups (Newsgroup).
* There is no right to use the services or network Cloud-Origin to distribute software that collects information about users or sending or receiving such.
* There is no right to use the services of Cloud-Origin.com to use software for delivery and display of advertising media and distribution of advertising content unless: (a) the user or owner of the website is not clearly stated their willingness to accept such ads or software (b) The software cannot be removed easily with standard tools available in the major operating systems.
* There is no right to use the network Cloud-Origin in activities that violate the laws of the State of Delaware, U.S. Federal law, and/or any other International legislation.
* There is no right to use the Cloud-Origin services, products and network to offend, insult to employees, customers, partners or agents of Cloud-Origin .
* There is no right to encourage, support or tolerate any activities that lead to a server or network component Cloud-Origin be subject to DoS attacks (denial of service attack).
If Cloud-Origin , our Partners, Resellers, Affiliates or any of their employees, agents, or suppliers are faced with a legal claim by a 3rd party arising out of your actual or alleged negligence, willful misconduct, violation of law, failure to meet the security obligations required by this Service Agreement, violation of the AUP or violation of the Terms and Conditions, then you will pay all the cost of defending this claim (including reasonable attorney fees) and any damages award, fine or amount that is imposed to Cloud-Origin Indemnitees as a result of the claim.
Your obligations under this subsection include claims arising out of the acts or carelessness of your employees, any other person to whom you have given access to your account and/or services and products used with Cloud-Origin , and any person who gains access to your account, services or products as a result of your failure to use reasonable security precautions. If you resell Cloud-Origin’s services, the grounds for indemnification stated above also include any claim brought by your customers or end users.
You must comply with reasonable requests of Cloud-Origin or any agents authorized by us for assistance and cooperation in the defense of the claim.
Every Cloud-Origin customer is obliged to comply with international legislation against spam and the rules concerning the unauthorized use of email. All customers are required to abide by the terms of the usage of e-mail with the following laws and directives:
* CAN-SPAM Act of 2003 United States federal law setting standards in the electronic correspondence
* EU 95/46/ES Directive on data protection
* EU 2002/58/ES Directive for the processing of personal data and confidentiality of electronic communications
* Directive 2000/31/EC of services related to information society
* Directive 97/66/EC of confidentiality and privacy in the telecommunications sector
Please note that recipients of your sent e-mail should have given you express consent to send details of your offers and other electronic communications of a commercial nature, which invites them to conclude the transaction or to buy the product or service.
You may not send a message to standard mailing addresses that has not expressly consented to receive news or other form of correspondence from you. This includes even your existing customers.
If we receive complaints from third parties that have received spam from your web address, Cloud-Origin will require you to present clear evidence that you are authorized to send messages via email.
With the creation and management of mailing lists (email lists) and newsgroups, it is extremely important that the recipients have access to a visible link to a subscription web page in which their email address can be immediately removed from the ballot or the list of recipients.
If you send emails to recipients who have given their permission to receive messages from you, there must be a web page on your site that serves as a place where complaints related to spamming and other types of e-mail abuse can be addressed. Furthermore, it is mandatory for you to register a relevant e-mail address at abuse.net if you work in international markets and if you send electronic mail to other U.S. recipients.
You also are required to have a clearly defined policy of confidentiality and respond quickly to any queries and complaints from recipients.
In addition, you should not attempt to send e-mail to an address in which three consecutive failed attempts to deliver your mail has occurred. The time period between the third and final refused attempt from that address should not be less than 15 business days.
The above rules apply for the services used in conjunction with Cloud-Origin.com and messages sent from mail servers which serve external e-mails. Cloud-Origin reserves the right to at any time to monitor the observance of the above rules and to check whether customers of Cloud-Origin are complying with the standards of this agreement and limits of the use of this service.
Attempts to find a vulnerability (Vulnerability Testing): To test or scan with the intention of trying to penetrate or test the vulnerability of systems of Cloud-Origin.com or under any circumstance to try and breakthrough network security and the system of authentication without the express permission of Cloud-Origin is not permitted.
Newsgroups, Chat and networks (Newsgroup, Chat Forums, Other Networks): Customers must comply with the rules and the agreements of published content in forums, chat groups or other types of internet communities and discussion formats, which allow users to take part as IRC and USENET groups. Observance of their rules is mandatory. You will be denied use of Cloud-Origin.com services if found in direct violations of the rules in the above communities.
Aggressive offensive content (Offensive Content): The publication and sending offensive and aggressive content on servers in the network Cloud-Origin.com or links to any content of this nature is a violation of the Agreement. In our network, you may not:
* Store, promote, encourage or tolerate child pornography and other forms of brutality
* Invite violence, or approve forms of violence, or to justify forms of violence or threaten violence
* Offend people, groups of people, or different ethnic groups
* Infringe on privacy
* Create safety or health hazards in the lives of individuals
* Violate public or health safety, national security or disrupt the investigation of authorized bodies of the Judiciary
* Violate of laws that protect consumers, no matter the jurisdiction, and to perform or fraudulent pyramid schemes
* Violate trade secrets or post information owned by others
* Support third party infringement on copyrights and licenses
* Violate the property rights of other people or organizations, trademarks, patents or other forms of intellectual property
* Promote illegal activities such as dissemination of drug information to support the spread of drugs, illegal gambling, illegal arms trafficking, people, money or goods
It is important to know that the content published, sent or received through the Cloud-Origin network or through Cloud-Origin equipment includes web content, e-mail, posting messages in forums, chat and other publications, or transmission of information on the Internet.
Materials subject to copyright (Copyrighted Material): Customers may not use the network and equipment of Cloud-Origin to download, publish, distribute, copy or other activity which relates to copyright infringement, including text, music, software, artwork , photos, video and sound files and any other files in which the right to use such copyrighted material has not been granted. Exceptions are:
* Cases when authorized by the copyright owner to use the material
* When authorization to use copyrighted material from relevant institutions in the texts of non-infringement of Copyright Act is applicable
Otherwise Cloud-Origin may without notice to terminate the use of the service.
Information on the web address (Domain Contacts): Customers of Cloud-Origin are required to provide accurate and current information about registered domains and other services that are used or available for use by third parties, if they use the direct Services of Cloud-Origin.
When using the services of Cloud-Origin customers may only use IP addresses provided by Cloud-Origin.com.
As part of the “rules” to which customers agree is that if the IP address (property Cloud-Origin.com) which is available for your use is found to be used for spam by any of the internet bases set up to fight against spam like Spamhaus, Spews, NJABL, etc., the customer is automatically found in violation of the “limits the use of service. In such a case Cloud-Origin.com may take any steps it deems necessary to protect their IP numbers. This includes termination of services and prohibition of access to the server or hosting account. This action will be taken whether or not the corresponding IP address has fallen onto the prohibition list because of your actions or for some other reasons.
Consequences of violation of norms “(Consequences of Violation of AUP): Cloud-Origin.com may impose penalty charges on customers who violate “limits the use of the services” and consequently cause a technical problem in a system or network Cloud-Origin and jeopardize our other customers.
The penalty charge is the amount of €350 for each hour that a representative of Cloud-Origin was forced to work on the restoration of security, network or services or to assist any law enforcement agency in relation to any use of services by the Client. This fee does not cover any damages to equipment and inquiries necessary to investigate the violations of rules, or benefits owed to other customers under this Agreement as a result of this violation of the AUP, and any other damages, which the company or/and other customers suffers as a result of violation of limits on use of the service.
EU DATA PROTECTION ADDENDUM (GDPR)
This Data Processing Addendum (“Addendum”) is is made by and between the users and subscribers of Cloud-Origin, “The Client” and Cloud-Origin “The Company” an entity which operates Cloud-Origin website.
- a) The Client and the Company are parties to an agreement(s) (“Agreement”) under which the Company provides various services to the Client, including IT Colocation, IT Hosting, Cloud Computing, Dedicated Hosting, Virtual Servers, Shared Hosting, Managed Services and other IT services;
- b) Under such Agreement the Company may process personal data on behalf of the Client; and
- c) Pursuant to art. 28 of the GDPR the parties wish to set out their roles and responsibilities with respect to the processing of the personal data and hereby agree the following:
The terms used in this Addendum shall have the meanings set forth in this Addendum. The terms “processing” (and its derivatives), “personal data”, “data controller”, “data processor”, “international organization”, “data subject”, “representative” and “Member State” where used in this Addendum shall have the meaning given to them in the Data protection laws. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.
“Data protection laws” means all applicable European Union or Member State laws concerning the processing of personal data, including, but not limited to The General Data Protection Regulation (EU) 2016/679 (“GDPR”) and, to the extent applicable and not in conflict, the data protection laws of another country, with all their amendments or replacements.
“Controller-to-Processor SCCs” means the Standard Contractual Clauses (Processors) in the Annex to the European Commission Decision of February 5, 2010 – available here at the date of this Addendum: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087 – as may be amended or replaced from time to time by the European Commission.
- Roles: The Client is the data controller and the Company is the data processor with respect to the personal data that the Company may process on behalf of the Client in the provision of services under the Agreement.
- Details of processing: The data subjects affected, the type of data and the purposes of processing include, but may not be limited to:
Data subjects: Data subjects may include Client’s representatives, end users, employees, job applicants, contractors, collaborators, partners, suppliers, customers, clients, visitors and others as defined by the Client.
Nature and purposes of processing: The Company (and any persons acting under the authority of the Company) will process personal data solely for the purpose of (i) providing the services in accordance with the Agreement and this Addendum (ii) complying with Client’s documented written instructions in accordance with the Data protection laws, or (iii) complying with Company’s obligations under the Data protection laws.
Type of data:The processed data is the personal data provided by the Client to the Company in connection with its use of the services under the Agreement. Such personal data may include name, email address, contact information, home address, home telephone or mobile number, fax number, email address, and passwords, age, date of birth, marital status, number of children, job title and function, employment history, salary, identification number, prices, goods and services provided, IDs of customers, IP addresses, online behavior and interest data, etc.
- Company’s obligations and responsibilities: When processes personal data on behalf of the Client the Company shall:
3.1. Scope of processing: process only personal data in accordance with the provisions of this Addendum, to the extent necessary for the performance of the Agreement and on documented instructions from the Client, unless required to do so by Union or Member State law to which the Company is subject. If the Company believes, in its opinion, that an instruction infringes any Data protection law, the Company shall inform the Client and may suspend the implementation of such instruction until the Client changes or confirms it. The Company shall not disclose personal data except as provided under this Addendum.
3.2. Authorized persons: takes commercially reasonable steps to ensure that persons authorized to process the personal data are strictly limited to only those Company’s personnel who need to know/access such personal data and have committed themselves (in writing) to confidentiality with respect to such personal data. The Company also represents and warrants that the persons authorized to process the personal data are made aware of the terms of this Addendum, are not allowed to process personal data outside of the scope of this Addendum and have contractually undertaken to comply with the data privacy and confidentiality, including after termination of their relationship with the Company.
3.3. Security measures: take technical and organizational measures with respect to security of the personal data. In particular that include measures and controls as defined in Schedule A to this Addendum.
3.4. Sub-processing: The Company uses sub-processors for the provision of its services, including those under the Agreement. The Company maintains a list of its sub-processors as provided in Schedule B to this Addendum. The Client agrees that the Company may replace its sub-processors or engage another sub-processors for the provision of the services under the Agreement. In such case the Company shall inform the Client of any intended changes in the sub-processors and shall give the Client the opportunity to object to that sub-processing. The Client may object to the proposed sub-processing within 14 days of receipt of the notice and providing in writing reasonable justifiable grounds on the objection, including, where applicable related to the ability of the proposed new sub-processor to adequately protect personal data in accordance with this Addendum or Data protection laws. In the event the objection of the Client is justified the parties may work together in good faith to make mutually acceptable change in the provision of services that will allow to avoid the proposed sub-processing or to replace proposed sub-processing with more appropriate one. In the event that such change cannot be made within reasonable time from the objection and if the Company insists on the use of the proposed sub-processing in the provision of services under the Agreement the Client may terminate the Agreement by written notice to the Company.
3.5. Transfer to third countries: The services the Company provides (and respectively the Client’s data) are hosted in data centers on the territory as provided in the Agreement. In some events transfer of personal data to jurisdictions outside European Union or to an international organization may take place (“transfer to third countries”), including for IT security purposes, maintenance and performance of the services and infrastructure, adding functionalities to the services, etc. In the event of such transfer to third countries of personal data of EU data subjects the Company shall: i) make such transfer always a) on the basis of an adequacy decision by the European Commission (art. 45 of the GDPR) or b) subject to appropriate safeguards as provided under art. 46 of the GDPR, including to rely on Controller-to-Processor SCCs; ii) impose the same data protection obligations as set out in this Addendum on each sub-processor by way of a contract; and iii) remain fully liable to the Client if the sub-processor fails to fulfill its data protection obligations.
3.6. Data subject’s rights: taking into account the nature of the processing, assist the Client by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Client’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR or in the applicable Data protection laws. In particular the Company agrees that if a data subject makes a written request to the Company requesting information concerning the processing of, or copies of their personal data, the Company shall promptly notify the Client of that request (including a copy of the request, if appropriate) and shall not respond to that request except in accordance with the prior written instructions of the Client or as required by the Data protection law (for which the Company shall promptly inform the Client).
3.7. Assistance to the Client: assist the Client in ensuring compliance with the obligations pursuant to art. from 32 to 36 of the GDPR including, taking into account the nature of processing and the information available to the Company. The Company shall also make available to the Client all information necessary to demonstrate compliance with the obligations laid down in this Addendum and allow for and contribute to audits, including inspections, conducted by the Client or another auditor mandated by the Client.
3.8. Return or deletion of data: at the choice of the Client, delete or return all existing personal data to the Client after the end of the provision of services relating to processing, and delete all existing copies unless Union or Member State law requires storage of the personal data.
3.9. Data breach notification: The Company shall, without undue delay and in reasonable time notify the Client after becoming aware of any loss, alteration, unauthorized disclosure of, or access to the personal data of the Client.
- Client’s obligations and responsibilities: The Client shall be responsible for compliance with its obligations as a data controller under the Data protection laws, in particular for processing only data that has been lawfully and validly collected, for the justification of any transmission of personal data to the Company, including providing any required notices and obtaining any required consents and/or authorizations, where applicable, the data are relevant and proportionate to the respective uses, the provision of the data does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and/or otherwise compiling with the Data protection laws.
- General provisions
5.1. Amendments of the Data protection laws: The parties, acting in good faith and as soon as is reasonably possible will may make variations to this Addendum to ensure compliance of this Addendum and of the processing of personal data with any changes in the Data protection laws or as a result of a decision or act of any supervisory authority, the EU Commission, the European Data Protection Board, the Court of Justice or other similar body or organization, which decision or act affects the Data protection laws and their application. The Company shall ensure that equivalent variations are made to any agreement put in place with any sub-processor affected.
5.2. Contact information: Contact points for data protection enquiries:
The Company:
Email: info@Cloud-Origin.com
Office Addresses:
Each party will also provide the other information on its representative in the EU (as per article 27 of the GDPR) where applicable.
5.3. Survival: This Addendum shall remain in force and shall survive the termination or expiry of the Agreement, where applicable.
5.4. Severability: If any provision of this Addendum is adjudged by a court of competent jurisdiction to be invalid, void, or unenforceable this shall not affect the validity of the remaining provisions which shall remain valid and enforceable.
5.5. Precedence: In the event of inconsistencies between the provisions of this Addendum and the Agreement, including any further agreements to be entered into after the date of this Addendum, the provisions of this Addendum shall prevail, except if otherwise explicitly agreed in writing between the parties.
5.6. Law and Jurisdiction: This Addendum shall be governed by the law of and shall be subject to the exclusive jurisdiction of the courts of Bulgaria.
5.7. With the submission of an Online Services Order or printed Service Order the Client accepts this Addendum.
The date of the last revision of this Addendum is January 2, 2023.
SCHEDULE A: Security Measures (Technical and Organizational Measures) and Data Center Standards
