Parties, Subject of the Agreement

Parties

You, (hereinafter referred to as the CLIENT), on the one hand, and the limited liability company "First Cloud" (hereinafter - FIRSTHOST), single registration number: 40103748162, legal address: Đadažu district, Alderi, Mežmalas iela 11, LV- 2164, in the person of the chairman of the board Aleksandras Romanova, who acts on the basis of the statutes, on the other hand, both together and individually hereinafter referred to as equals, without error, fraud or pressure, based on the valid legislation of the Republic of Latvia, concluded this agreement for the following:

Subject of the Agreement

FIRSTHOST shall provide and CLIENT shall use the services specified in this Agreement (hereinafter referred to as "Services") and CLIENT agrees to pay for such Services in accordance with the rate plan selected by CLIENT and the terms of this Agreement.

Information on the Services, the procedure for their use, tariff plans, payment schedules and the terms and conditions of use of server resources and changes thereto shall be made publicly available on the Internet at the website www.firsthost.lv, as well as such information is available to the CLIENT by calling FIRSTHOST's information hotlines.

The Agreement is available in Latvian, English and Russian. In case of disputes, the Latvian text shall prevail.

Payment terms

Payment for the Services in accordance with the selected tariff plan and payment schedule.

Payment for the Services shall be made prior to receipt of the Services in accordance with the selected payment plan, based on an invoice issued by FIRSTHOST, within 10 (ten) days from the date of the invoice.

Failure by the CLIENT to receive the invoice shall not relieve the CLIENT from the obligation to pay the invoice in a timely manner. Information on payments can be obtained by contacting FIRSTHOST: https://www.firsthost.lv/en/contacts 

The customer pays by selecting one of the payment methods: https://www.firsthost.lv/en/payment-methods 

If the CLIENT fails to pay for the Services in accordance with the terms of this Agreement, FIRSTHOST shall have the right to carry out a warning procedure, limiting the provision of the Services until the Service is terminated completely.

If the CLIENT fails to pay for the Services in accordance with the terms of this Agreement, FIRSTHOST shall be entitled to authorise third parties to collect from the CLIENT any debts and other incidental claims against the CLIENT arising from the terms of this Agreement. CLIENT agrees to pay all expenses incurred by the payment made to the third party for the collection of debts owed by CLIENT.

For late payment of the services, FIRSTHOST may charge the CLIENT a penalty of 0.5% of the amount due for each day late.

If the Customer has been discounted for payment of the Services for a specified period (e.g. by paying for the hosting service for a year) and the Customer wishes to terminate the Agreement before the expiry of the specified period, the discount for the period shall not apply. In this case, a recalculation for days used will be made and a refund for days not used will be made at the standard rate.

Client's obligations and rights

The CLIENT accepts full responsibility for any action taken by him in using the Services;

CLIENT agrees not to use the Services for any semi-authorised or illegal purpose;

The CLIENT undertakes not to attempt to access other people's systems, files or ticks without the permission of their owners, even if they are not properly protected and are freely accessible;

CLIENT agrees not to use the Services in violation of third party rights (including without limitation third party intellectual property rights and confidentiality).

The CLIENT is obliged to keep up to date with the changes related to the implementation of the Contract and published on the FIRSTHOST website.

CLIENT shall pay for the Services in a timely manner in the manner, amount and within the time limits set out in this Agreement and the relevant invoices.

The CLIENT is obliged to comply with the legislation of the Republic of Latvia and the laws and regulations of the European Union when placing the content, information and files of the CLIENT on the technical resources of FIRSTHOST.

If FIRSTHOST receives notifications and other requests from the competent authorities that the information posted on the Site violates the rights of third parties and is illegal, or that FIRSTHOST services are used in violation of the law, the latter has the right to immediately suspend the operation of the Site. The resumption of the site and services in such cases will only be possible after FIRSTHOST has received a second notification from the competent authority lifting the sanctions from the resource. The list of authorities entitled to send notices of suspension of services is determined in accordance with the legislation of the Republic of Latvia.

CLIENT undertakes to comply with the Terms of Service. In case of violation of these terms, FIRSTHOST has the right to suspend the provision of services until the Client remedies the violation.

The CLIENT shall inform FIRSTHOST in writing within one calendar week in case of any change in the Client's data or details specified in the Contract.

The CLIENT is obliged to send a copy of the identity document (for natural persons) and the registration certificate and tax registration (if the person is a taxpayer) (for legal persons) upon FIRSTHOST's request. If the Client fails to comply with this obligation, FIRSTHOST shall have the right to immediately suspend or restrict the provision of Services to the Client by any technical means and methods of its choice until the required documents are provided. FIRSTHOST shall have the right to request additional information and/or to request confirmation of all information provided during the provision of the Services, if there is any doubt as to the reliability of the data provided by the Client. The request shall be sent by e-mail to the Client's contact address. If the Customer does not provide additional information and/or documents within 7 (seven) calendar days from the moment FIRSTHOST sends the request, FIRSTHOST has the right to cancel the service by deleting the Customer's account.

The CLIENT must keep the password secret and takes full responsibility for the actions that take place using it. Other users of the CUSTOMER's user name and password are responsible for complying with the terms of this agreement to the same extent as the CUSTOMER. CLIENT shall immediately notify FIRSTHOST of any unauthorized use of CLIENT's user name and password or any other breach of security of which CLIENT becomes aware.

If the CLIENT violates the Terms of Service, depending on the severity, frequency and refusal to comply with the Terms of Service, FIRSTHOST reserves the right to block the CLIENT's account without the possibility of restoration (deleted), and no refund of the Service Fee will be made.

CLIENT certifies that no sanctions against any person, entity or body are subject to the CLIENT, CLIENT's beneficial owner, CLIENT's representative, members of CLIENT's Board of Directors.

Firsthost obligations and rights

FIRSTHOST is committed to providing the Services in the best possible quality. FIRSTHOST does not warrant that the Services will be uninterrupted or error-free. FIRSTHOST shall not be liable for any damages (both direct and indirect) that may be incurred by the CLIENT as a result of the use and/or interruption of the Services.

FIRSTHOST shall provide advice and support to the CLIENT only in the connection and use of the FIRSTHOST Services. FIRSTHOST Services do not include any form of administration of CLIENT data (website development, installation, update, configuration, administration, backup processing, application development, installation, update or configuration on CLIENT websites or applications).

FIRSTHOST shall have the right to suspend the provision of the Services for the time necessary to carry out preventive and planned maintenance work on the Equipment, by giving the CLIENT at least one day's notice prior to the commencement of such work.

FIRSTHOST shall have the right at any time to change the Customer's Service tariff, which provides for unlimited parameters such as disk space, traffic, number of mailboxes, etc., to another hosting tariff that corresponds to the server load established by the Customer, if such load, according to FIRSTHOST's objective calculations, significantly exceeds the permissible norms of virtual hosting tariffs, as well as if the use of the existing tariff by the Customer interferes with the normal operation of FIRSTHOST servers. In this case, the Customer shall not be entitled to claim any compensation from FIRSTHOST at a later date.

FIRSTHOST shall have the right to change the subscription fee, billing procedure, tariffs and to establish additional tariffs for the Services. FIRSTHOST shall inform the CLIENT of the changes 30 (thirty) calendar days in advance in accordance with the procedures set out in the Agreement. If the CLIENT does not agree with the unilateral changes made by FIRSTHOST to the Contract, the CLIENT shall have the right to submit a written application for termination of the Contract before the effective date of the changes.

FIRSTHOST shall have the right to send to the CLIENT information and other messages, including the need to extend services, invoices, as well as advertising and corporate mailings of an informative nature, through the communication channels specified in the CLIENT's personal account. The conclusion of this Agreement and the ordering of services shall be deemed to constitute the Client's consent to receive such communications. The Client has the right to refuse to receive messages other than those directly related to the performance of the contract by making the necessary settings in the Personal Account independently.

FIRSTHOST shall ensure that backup copies are kept for 30 days. In addition, e-mail and e-mail files, backup copies of all websites, as well as archives and media files larger than 300 MB are not stored. The Customer shall have no right to request from FIRSTHOST the storage of these files, nor to make any claims and/or demands if they are deleted.

Other provisions

Closing a client account

FIRSTHOST shall be entitled to temporarily or permanently close the CLIENT's account in the event that:

CLIENT breaches the terms of this agreement;

CLIENT fails to pay for the Services in accordance with Section 3 of this Agreement in a timely manner.

Term and termination of the Agreement

The Contract shall take effect from the time of the Client's acceptance of its terms by ordering the Services and shall be for an indefinite period.

In the event that either party wishes to terminate the Contract, it must inform the other party in writing at least 1 calendar month prior to termination.

In all cases of termination of this Agreement, final settlement of the Services provided to the CLIENT shall be made between the parties up to the time of account closure, at which point only the Agreement shall be deemed terminated.

Unforeseen circumstances

The Parties shall be discharged from all or part of their liability under this Agreement if the performance of their obligations is based on a situation of force majeure.

Force majeure is characterised by any legislative act, contract or other written directive which has the force of law and which affects the performance of this contract. A situation of force majeure shall be characterised by war, any act of war, riot, embargo, or any act of God which interferes with the performance of this Agreement.

Legislation to be observed and settlement of disputes

In all matters not covered by this Agreement, the Parties shall be governed by the laws in force in the Republic of Latvia.

Any dispute, controversy or claim arising out of, relating to or concerning the Contract (whether concerning the Contract, its modification, breach, termination, legality, validity or interpretation) shall be settled by negotiation.

In the event that no agreement is reached between the parties, the dispute shall be settled by the courts of the Republic of Latvia.

Other provisions

This contract is drawn up electronically and is valid without signature.

The Client acknowledges that he has evaluated the suitability and adequacy of the Services and has access to all necessary information concerning the content, quality, payment terms and performance of the Services and his liability.

This Agreement shall be binding upon FIRSTHOST, the CLIENT and all their successors and assigns.

The channels of communication shall be deemed to be those indicated in the Client's personal account: e-mail, telephone.

By signing this Agreement, the CLIENT is informed that FIRSTHOST will process his/her personal data for the purpose of the execution of this Agreement and the provision of the Services. The processing of personal data by FIRSTHOST is carried out in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679. The data processing rules are contained in the "FIRSTHOST Privacy Policy", which is an integral part of the Agreement. 

Privacy policy

Controller details and contact information

The controller of personal data processing is the Limited Liability Company "First Cloud" (hereinafter - FIRSTHOST), unified registration number: 40103748162, registered office: Ādažu nov., Alderi, Mežmalas iela 11, LV-2164. FIRSTHOST contact information in matters related to personal data processing is e-mail address: [email protected].

You can use this contact information to ask a question about the processing of personal data.

Scope of application

FIRSTHOST shall take care of the privacy and protection of personal data of its customers, shall respect the rights of its customers to the lawfulness of the processing of personal data in accordance with the applicable legislation - laws and subordinate legislation of the Republic of Latvia, Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the Regulation) and other applicable legislation in the field of privacy and data processing.

The Privacy Policy applies to data processing regardless of the form and/or medium in which the Customer provides personal data (on FIRSTHOST's website, in paper form or electronically) and in which company systems or in paper form it is processed.

Purposes of personal data processing

FIRSTHOST processes personal data for the following purposes:

· for customer identification;

· for the preparation and conclusion of the contract;

· for installation and provision of services, delivery of goods (fulfilment of contractual obligations);

· for promoting and distributing goods or for commercial purposes;

· for customer service;

· for consideration and processing of objections;

· for settlement administration;

· to improve website performance.

Basis of personal data processing

FIRSTHOST processes the customer's personal data based on the following legal bases:

·       for the conclusion and execution of the contract - to conclude the contract at the client's request and ensure its execution;

·       for the fulfillment of regulatory enactments - in order to fulfill the obligation specified in binding external regulatory enactments;

·       in accordance with the consent of the client - data subject;

·       in legal interests - to realize the legal interests of FIRSTHOST arising from the existing obligations with the customer or the concluded contract or the law.

FIRSTHOST's legitimate interests are:

·       conducting commercial activities;

·       verifying the identity of the client before concluding the contract;

·       ensuring the fulfillment of contractual obligations;

·       maintaining customer service orders;

·       Analysis of FIRSTHOST website performance;

·       FIRSTHOST client account administration;

·       advertising of goods and services, incl. in the form of commercial announcements;

·       sending reports on the progress of application and service contracts;

·       administration of orders and payments;

·       informing the public about its activities.

Processing and protection of personal data

In order to ensure the high-quality and prompt performance of the obligations of the contract concluded with the customer, FIRSTHOST can authorize its cooperation partners to carry out separate activities of goods delivery or service provision, such as goods delivery work, warranty service work, sending invoices and the like. If, when performing these tasks, the cooperation partners process the customer's personal data held by FIRSTHOST, the respective cooperation partners are considered as FIRSTHOST data processors and FIRSTHOST has the right to transfer to the cooperation partners the customer's personal data necessary for the performance of these activities to the extent necessary for the performance of these activities.

FIRSTHOST's cooperation partners, in the capacity of personal data processor, will ensure the fulfillment of personal data processing and protection requirements in accordance with FIRSTHOST's requirements and legislation, and will not use personal data for purposes other than fulfilling the obligations of the contract concluded with the customer on behalf of FIRSTHOST.

FIRSTHOST processes customer data using modern technology capabilities, taking into account the existing privacy risks and the organizational, financial and technical resources reasonably available to FIRSTHOST, including using the following security measures:

·       data pseudonymization;

·       firewalls;

·       intrusion protection and detection programs;

·       other protective measures in accordance with current technical development opportunities

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

·       if data must be transferred to the relevant third party within the framework of the concluded contract (for example, delivery of goods); k

·       if the customer has given clear and unambiguous consent;

·       to the persons provided for in the regulatory enactments upon their justified request, in the manner and to the extent specified in the regulatory enactments; in cases determined by laws and regulations, for the protection of the legal interests of FIRSTHOST, for example, by applying to the court or other state institutions against a person who has violated the legal interests of FIRSTHOST.

Access to personal data from third countries

FIRSTHOST's personal data cannot be accessed by persons located in third countries (that is, countries outside the European Union and the European Economic Area) (in the sense of the Regulation - transfer to third countries) in the status of a data processor (operator).

Duration of storage and processing of personal data

FIRSTHOST stores and processes the customer's personal data as long as at least one of the following criteria is met:

·       only as long as the contract concluded with the customer is valid;

·       as long as FIRSTHOST or the client can realize their legitimate interests (for example, submit objections or bring or take a lawsuit to court) in accordance with the procedures specified in the regulatory acts;

·       as long as one of the parties has a legal obligation to store the data;

·       while the customer's consent to the relevant personal data processing is valid, if there is no other legal basis for data processing.

When the above circumstances cease, the customer's personal data is deleted.

Data access and other customer rights

The customer has the right to receive the information stipulated in the regulatory acts in connection with the processing of his data, to make sure of the correctness of his data and to correct them.

In accordance with the laws and regulations, the customer also has the right to request access to his personal data from FIRSTHOST, as well as to request from FIRSTHOST to supplement, correct or delete it, or limit the processing in relation to the customer, or the right to object to the processing (including the processing of personal data carried out on the basis of to FIRSTHOST's legitimate interests), as well as the right to data portability. These rights are enforceable to the extent that the data processing does not result from FIRSTHOST's obligations imposed on it by the current regulatory enactments and which are carried out in the public interest.

The customer can submit a request for the exercise of his rights:

·       by sending by mail in written form with a notarized signature;

·       in the form of electronic mail, signing with a secure electronic signature;

Upon receiving a customer's request for the exercise of his rights, FIRSTHOST verifies the identity of the Customer, evaluates the request and fulfills it in accordance with regulatory enactments.

FIRSTHOST sends the response to the Customer by mail to the contact address specified by him in a registered letter, taking into account the method of receiving the response indicated by the customer, if possible.

FIRSTHOST ensures compliance with data processing and protection requirements in accordance with regulatory enactments and, in the event of customer objections, takes appropriate actions to resolve the objection. However, if this fails, the client has the right to apply to the supervisory authority - the Data State Inspectorate.

The customer's consent to data processing and the right to withdraw it

The customer can give consent to the processing of personal data, the legal basis of which is consent, on the FIRSTHOST website (for example, forms for signing up for receiving news).

The customer has the right to withdraw the consent given for data processing at any time in the same way as it was given, or by sending a relevant notification to the e-mail address: [email protected], and in that case further data processing based on the previously given consent for the specific purpose will not take place in the future performed.

Withdrawal of consent does not affect data processing carried out during the period when the client's consent was valid.

Withdrawal of consent cannot stop data processing carried out on the basis of other legal bases.

Communication with the client

FIRSTHOST communicates with the client using the contact information provided by the client (phone number, e-mail address, postal address).

FIRSTHOST communicates about the performance of contractual obligations on the basis of the concluded contract (for example, coordination of product delivery or service performance times, information on invoices, planned works, changes in services, etc.).

Commercial announcements

Communication about commercial announcements about FIRSTHOST and/or third-party services and other announcements unrelated to the provision of services (for example, customer surveys) is carried out by FIRSTHOST in accordance with the regulations or in accordance with the customer's consent.

The customer can give consent and/or consent to receive commercial notifications from its cooperation partners on FIRSTHOST and other websites (for example, sign-up forms for receiving news).

The consent given by the customer to receive commercial notifications is valid until it is withdrawn (also after the termination of the service contract). The customer can at any time refuse to receive further commercial notifications by sending an e-mail to the e-mail address: [email protected];

FIRSTHOST stops sending commercial communications as soon as the customer's request to withdraw consent to commercial communications is processed.

Processing of cookies

FIRSTHOST websites use cookies to improve cooperation with the visitor.

The visitor can block the use of cookies in his browser.

User data protection through GA is subject to Google's privacy policy, which can be found here: http://www.google.com/intl/lv/policies/privacy/.

Payments

Payment processing is provided by the payment platform https://www.revolut.com/, therefore the personal data necessary for payment execution is transferred to the owner of the platform - the licensed payment institution Revolut Ltd.

Processing of payments in cryptocurrency is provided by the payment platform https://coingate.com/, therefore the personal data required for the execution of payments is transferred to the owner of the platform - the licensed payment institution Decentralized, UAB

Final terms

FIRSTHOST's website may contain links to third-party websites that have their own terms of use and personal data protection, for which FIRSTHOST is not responsible. FIRSTHOST may amend and supplement the Privacy Policy by making its current version available on FIRSTHOST's website.

Return conditions

1. Services can only be returned if canceled within 30 days of the order date (refund period).

2. The customer may cancel the service at any time, but a refund will only be issued if the cancellation was requested within the refund period and for a service that is available for return.

3. Services available for return: website hosting. If a free domain or license has been granted, the cost of these services will be deducted from the refund amount.

4. If the customer has violated the terms of use of the service (for example, he has used the service for phishing, sending spam or other illegal activities), the service will not be refunded.

5. Services purchased using Yandex Money and cryptocurrencies are non-refundable.

6. If a refund is not possible using the payment method, a refund to the customer's Firsthost balance may be offered as an alternative.

Terms of use of the hosting service

When using the hosting service, the CLIENT is prohibited from:

·      Deploy viruses or any other malicious software;

·      Any actions to hack or block internet network nodes;

·      Send unsolicited (SPAM) messages or spam;

·      Create proxy servers or network connections in such a way as to generate parasitic or fraudulent traffic;

·      Make calls to overthrow the existing government or support such calls;

·      Post erotic or pornographic material;

·      Post a product or service advertisement of a knowingly false nature;

·      Posting racist or nationalistic information that in any way offends a person's nationality;

·      Post any material that violates copyright law (including references and references to such sources or file sharing programs);

·      Placement of other resources or information that violates the legislation of the Republic of Latvia and/or the regulatory acts of the European Union;

The CLIENT undertakes to use the server resources according to the technical parameters of the chosen tariff.

Terms of use of the domain registration service

The CLIENT is obliged to familiarize himself with the rules of domain registration in the relevant area and comply with them:

Uptime guarantee of services

Hosting, virtual and distributed server rental services have a service performance (uptime) guarantee of 99.9% of the available volume per month.

In the event that the Service was not 99.9% uptime due to FIRSTHOST's fault (as defined by FIRSTHOST), the CLIENT may request compensation of 5% of its monthly applicable service fee for the month in which it is found.

The compensation is credited to the CLIENT's balance and can be used exclusively for FIRSTHOST services and cannot be withdrawn in the form of cash.

The service uptime guarantee does not apply to service interruptions:

- caused by periodic scheduled maintenance or repair;

- caused by the CLIENT due to scripting, coding or installation of third-party applications;

- which does not affect the appearance of the CLIENT's website, but only access to the website, such as FTP and e-mail;

- caused by causes beyond FIRSTHOST's control or unforeseeable;

- related to the reliability of certain programming environments.