Terms and Conditions

Home Terms and Conditions

TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES

1. GENERAL PROVISIONS

1.1. The owners of the online service operated under the domains hostuno.com and admin.net.pl are:
- 1.1.1. Mr. Tomasz Rzepka, conducting business activity under the name ADMIN.NET.PL Tomasz Rzepka, with its registered office in Tarnów, at ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland, Tax ID (NIP): 8551511019, REGON: 320536490, VAT Reg. No PL8733250257;
- 1.1.2. Mr. Arkadiusz Nowara, conducting business activity under the name ADMIN.NET.PL Arkadiusz Nowara, with its registered office in Tarnów, at ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland, Tax ID (NIP): 6423146748, REGON: 243037153, VAT Reg. No PL8733250257;

who conduct their business jointly as a civil partnership under the name ADMIN.NET.PL Tomasz Rzepka Arkadiusz Nowara S.C., with its registered office in Tarnów, address: ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Małopolskie Province, Poland, Tax ID (NIP): 8733250257, REGON: 122662465, VAT Reg. No PL8733250257.

1.2 These Terms and Conditions specify the rules for the use of the Website, its functionalities, and, among other things, the types and scope of services provided, including electronic services provided by the Owner of the Website, the terms and conditions for placing orders, technical requirements, methods of concluding and terminating remote agreements, payment rules and deadlines, delivery conditions, and complaint procedures.
1.3. The administrator of personal data processed in the Website in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, to the extent, and based on the grounds and principles indicated in the privacy policy published on the Website. The privacy policy mainly contains rules regarding the processing of personal data by the administrator in the Website, including the grounds, purposes, and scope of personal data processing and the rights of the persons whose data are processed, as well as information about the use of cookies and analytical tools in the Website. Use of the Website is voluntary. Likewise, providing personal data by the Client using the Website is voluntary, except for the instances indicated in the privacy policy (conclusion of the contract and statutory obligations of the Service Provider).
1.4. You can contact the Owner of the Website by writing to the following email address: inspector@hostuno.com, by phone: (+48) 14 6920092, by submitting an inquiry via the inquiry form provided at https://www.hostuno.com/contact/, via the internal ticket system available to Clients in the Client Panel (“Zgłoszenia pomocy” section), or by postal mail to: ADMIN.NET.PL Tomasz Rzepka Arkadiusz Nowara S.C., ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland.
1.5. When maintaining contact with the Service Provider—whether electronically or by mail—the Client using a Service or electronic Service should identify themselves with the data entered in the Client Panel.

2. DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the meanings stated below:

• Price – the monetary value that the Client is obliged to pay to the Owner of the Internet Service.
• Business Day – any weekday from Monday to Friday, excluding public holidays.
• DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (the Digital Services Act).
• Registration Form – a form available on the Website enabling the creation of an Account.
• Order Form – an Electronic Service, an interactive form available on the Website enabling the Client to place an Order, in particular by adding Services to the electronic cart and defining the conditions of the Agreement, including payment.
• Civil Code – the Civil Code Act of 23 April 1964 (Poland).
• Client – an entity purchasing a good for its own use, acquiring ownership rights. A natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, to which the law grants legal capacity—who has concluded or intends to conclude an Agreement with the Service Provider.
• Consumer – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity (definition based on Article 22¹ of the Civil Code).
• Account – an Electronic Service, identified by an individual name (login) and password provided by the Client. Upon creating an Account, the Client becomes the sole owner of the login credentials for that Account.
• Newsletter – an electronic distribution service provided by the Service Provider via email, enabling all Clients using it to automatically receive periodic content in subsequent editions of the newsletter containing information about services, news, and promotions on the Website.
• Offer – a proposal for the provision of electronic services, containing its essential elements.
• Client Panel – a space in the Website where, after creating an Account, the Client can edit their data, obtain information on the Services being performed, and access payment and invoices, as well as other data provided by the Service Provider.
• Privacy Policy – the document specifying the rules for processing personal data, available at https://www.hostuno.com/documents/privacy-and-security-policy/
• Product – a service within the meaning of Article 2(3) of the Act on Counteracting Unfair Market Practices; a Product is chargeable unless otherwise indicated.
• Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity in its own name, which uses the Website.
• Entrepreneur with consumer rights – a natural person who enters into an agreement directly related to their business activity, provided that the content of this agreement indicates that it is not of a professional nature for them, arising in particular from the subject of the business activity they conduct, made available based on the provisions on the Central Register and Information on Economic Activity.
• Distance Agreement – an agreement concluded without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication up to the moment the agreement is concluded.
• Service – any intangible benefit whose purchase is made by the Client through the Website, by concluding an Agreement with the Service Provider.
• Digital Service – a service allowing the Client to:
- a) create, process, store, or access data in digital form,
- b) share data in digital form, which have been sent or created by the consumer or other users of that service,
- c) other forms of interaction using such data.
• Electronic Service – a service provided electronically via the Website; a service within the meaning of Article 2(4) of the Act on Electronic Provision of Services.
• Terms and Conditions – these Terms and Conditions of the Internet Service.
• Internet Service – the Service Provider’s Internet Service available at: https://www.hostuno.com/ and admin.net.pl (including their subdomains).
• Service Provider / Owner of the Website –
- • Mr. Tomasz Rzepka, conducting business under the name ADMIN.NET.PL Tomasz Rzepka, with its registered office in Tarnów, ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland, NIP: 8551511019, REGON: 320536490, VAT Reg. No PL8733250257;
- • Mr. Arkadiusz Nowara, conducting business under the name ADMIN.NET.PL Arkadiusz Nowara, with its registered office in Tarnów, ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland, NIP: 6423146748, REGON: 243037153, VAT Reg. No PL8733250257;

who conduct business in the form of a civil partnership under the name ADMIN.NET.PL Tomasz Rzepka Arkadiusz Nowara S.C., with its registered office in Tarnów, address: ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Małopolskie Province, Poland, NIP: 8733250257, REGON: 122662465, VAT Reg. No PL8733250257.

• Agreement – the mutual arrangements between the Service Provider and the Client determining their respective rights and obligations.
• Service – any activity containing an intangible element that involves acting upon the Client or their property and does not result in the transfer of ownership rights.

3. ELECTRONIC SERVICES ON THE INTERNET SERVICE

3.1. The Service Provider makes the following Electronic Services available to Clients on the Website:
- 3.1.1. Account – Creating and using an Account is possible after completing two consecutive steps: (1) filling out the Registration Form with accurate data consistent with the actual state, (2) clicking the “Create Account” button. Providing data is voluntary but necessary to use the provided Electronic Service. This service is provided free of charge for an indefinite period. The Client can, at any time and without giving a reason, delete the Account (resignation) by sending a relevant request to the Service Provider, especially by email at admin@hostuno.com or by postal mail to: ADMIN.NET.PL Tomasz Rzepka Arkadiusz Nowara S.C., ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland.
- 3.1.2. Inquiry Form – Any contact form provided on the Website, an Electronic Service made available free of charge by the Service Provider, giving the possibility of submitting an inquiry regarding the offer and content made available on the Website. Submitting an inquiry via the Inquiry Form is voluntary. To use the form, all required fields must be filled out, i.e., providing the data necessary for the Electronic Service to be performed, which vary depending on the chosen form but are necessary to receive a relevant response. The provided data will be processed in accordance with the Privacy and Security Policy posted on the Website. By using the Inquiry Form, the Client agrees to the processing of their personal data contained in the form for the purpose of receiving an answer to the question asked, including the submission of an offer if the inquiry relates to such an offer.
- 3.1.3. Order Form – An Electronic Service provided free of charge, used on a one-time basis, and ends when the Order is placed through it or when the Client discontinues placing the Order through it.
- 3.1.4. Newsletter – Using the Newsletter Electronic Service is done by entering the Client’s email address in the designated field and confirming the action by clicking the “sign up” button, then confirming the request by clicking the activation link sent by email. Upon confirmation of the request, the Client is subscribed to the list of Newsletter recipients. This Electronic Service is provided free of charge for an indefinite period. The Client can, at any time and without giving any reason, unsubscribe from the Newsletter Service (resignation) by sending a relevant request to the Service Provider, in particular by email at admin@hostuno.com or by postal mail to: ADMIN.NET.PL Tomasz Rzepka Arkadiusz Nowara S.C., ul. Bitwy Pod Monte Cassino 5/198, 33-100 Tarnów, Poland, or by clicking the link provided in each email sent through the Newsletter Electronic Service. By using the Newsletter Electronic Service, i.e., by correctly subscribing the Client’s email address to the list of subscribers, the Client has the right to receive advertising, promotional, and informational content about the functioning of the Website. By using the Newsletter Electronic Service, the Client consents to receive the types of content mentioned in the preceding sentence.
- 3.1.5. Virtual Wallet – An Electronic Service enabling the possibility of making a prepayment for Services to be purchased in the future on the Website and then paying for the Services using the “Virtual Wallet” payment method. This Electronic Service also enables settlement between the Service Provider and users who have joined the partner program.
3.2. The above services are provided to the extent described directly on the Internet Service.
3.3. Using the Electronic Services involves the transfer of data via the Internet, which carries the risk characteristic of this network.
3.4. The provision of Electronic Services to Clients on the Internet Service is carried out under the conditions set out in these Terms and Conditions.

4. RULES FOR CONCLUDING AGREEMENTS

4.1. These Terms and Conditions and the Offer define the rules of cooperation and the conditions for performing the agreement.
4.2. The Terms and Conditions are made available to the Client free of charge at the bottom of the Website. The Client may store the Terms and Conditions by downloading, saving them on a medium, or printing them out at any time from the Website.
4.3. The Client may not place an Order using incorrect personal data, anonymously, or under a pseudonym.
4.4. The Terms and Conditions and the Offer do not limit or exclude any rights of the Client being a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.
4.5. In the event of any discrepancy between the content of the Terms and Conditions and the Offer, the Offer shall prevail.
4.6. The Client is prohibited from providing unlawful content and is obliged to use the Internet Service in compliance with applicable law, these Terms and Conditions, and good customs, respecting personal rights and intellectual property rights (in particular copyright) of the Service Provider or third parties, in a manner that does not disrupt the functioning of the Service.
4.7. Before concluding the Agreement, the Client may contact the Service Provider by email at admin@hostuno.com to determine individualized features of the Service. After determining the individualized features of the Service, it will be added to the offer on the Website and made available to the Client to conclude the Agreement in accordance with Section 4.4 of these Terms and Conditions.
4.8. The Agreement between the Client and the Service Provider is concluded after the Client places an Order via the Order Form on the Website.
4.9. The Service Provider uses external payment operators to offer online payment methods.
4.10. The payment methods made available to Clients by the Service Provider can be found at: https://www.hostuno.com/payment-methods/.
4.11. The Client is obliged to make payment immediately after placing the order, unless otherwise indicated by the Offer or the payment method chosen by the Client.
4.12. Neither the Service Provider nor the payment systems made available by the Service Provider charge the Client any additional costs for processing payments. However, depending on the Client’s preferences and choice of the payment processor (in particular: bank, savings and credit union, Polish Post Office, or other entity), the Client may be charged a commission or other additional costs for the payment execution.
4.13. The procedure for concluding an Agreement on the Website via the Order Form is as follows:
- (1) The Agreement between the Client and the Service Provider is concluded after the Client places an Order on the Website using the Order Form.
- (2) Immediately after the Client places an Order, the Service Provider confirms its receipt and accepts it for execution. Confirmation of receipt of the Order and its acceptance is sent by the Service Provider to the Client via email to the address used in the Client Panel. This email contains at least the Service Provider’s declaration of receipt of the Order and its acceptance, as well as confirmation of the conclusion of the Agreement. Upon receipt of this message by the Client, the Agreement between the Client and the Service Provider is concluded. The type of Agreement concluded with the Client arises directly from the type of Service chosen and represents a service contract.
4.14. The recording, security, and provision to the Client of the content of the concluded Agreement is carried out by (1) providing these Terms and Conditions on the Website and (2) sending the Client an email to the Client’s email address described in Section 4.13 of these Terms and Conditions. The content of the Agreement is additionally recorded and secured in the Service Provider’s IT system.
4.15. The Service Provider reserves the right to reject or cancel an Order in the event of a justified suspicion of breach of these Terms and Conditions by the Client, providing false data, or using the Website in a manner contrary to the law.

5. SERVICES OFFERED BY THE INTERNET SERVICE AND LIMITATIONS

5.1. Definitions:
- • Hosting – A paid Service consisting of making it possible for the Client to host and share websites or files on the public network (Internet).
5.2. The Service Provider reserves the right to introduce technical breaks in accordance with the Quality of Service Guarantee (SLA), which constitutes Annex 3 to these Terms and Conditions.
5.3. The Service Provider is obliged to make every effort to ensure the highest quality of Services, including continuous operation of the Services as far as possible.
5.4. The Service Provider reserves the right to block access to the Service or Services in case of non-payment for the Service or Services within the agreed term, after prior notification to the Client via email at the Client’s email address defined in the Client Panel.
5.5. The Service Provider reserves the right to permanently and irreversibly delete unpaid Services, including content stored by the Client on the Service or Services provided by the Service Provider, without additional notice to the Client.
5.6. The Service Provider introduces Security Limits for the Services, which constitute Annex 2 to these Terms and Conditions. Annex 2 is an integral part of the Terms and Conditions. The Security Limits define the maximum parameters and limitations of the Services, limitations in the use of server applications, and security limits for connections.
5.7. The Service Provider provides a Quality of Service Guarantee (SLA) under the terms set out in Annex 3, which is an integral part of these Terms and Conditions.
5.8. The Service Provider makes the following method of Service activation available to Clients:
- • electronic – no territorial restrictions on the execution of the Order.
5.9. Except for the cost of the Service, the Client does not bear any costs of delivery or Service activation.
5.10. The Service ordered by the Client will be activated within 24 hours unless a different deadline is stated in the description of a given Service or during the Order process. In the case of Services with different activation (implementation) deadlines, the activation date will be the longest specified period, which, however, shall not exceed 21 Business Days.
5.11. This period should be counted from the moment the Service Provider begins to perform the Agreement, provided that in the case of a prepayment by bank transfer (advance payment), this period begins no earlier than the day the payment is credited to the Service Provider’s bank account.

6. HOSTING

6.1. A detailed specification of the hosting service, divided into specific packages with the option to purchase the Service, is provided on the Website.
6.2. Under the hosting service agreement, the provider, in return for an agreed fee, provides the Client, according to their choice specified in the order, with server resources or space to store the Client’s servers. It also provides the possibility to record and manage data in digital form according to the parameters provided for that service.
6.3. The choice of package is made by the Client according to their individual needs, and this choice is made during the Service purchase process.
6.4. To use the email service on a computer, a program that supports POP3 or IMAP and SMTP protocols is required. For FTP access, appropriate client software is necessary. For SSH/SFTP connections, software supporting these protocols is required. SFTP and SSH are available by default upon creating the hosting account, and the login credentials (username and password) are the same as those for the hosting account panel. Detailed information on technical requirements and functionalities of digital services, data protection, compatibility, and interoperability may be included in the general regulations or technical specifications.
6.5. The Service Provider provides Clients with administrative tools to manage individual hosting services. The Client has the ability to use administrative tools for domain management and configuration of hosting services, management of email services, database management, and server FTP content management.
6.6. The Service Provider is not responsible for the consequences of using administrative tools by unauthorized third parties for which the Service Provider is not responsible.
6.7. For an Agreement concluded with a consumer, the Service Provider’s liability is governed by the principles set out in the Civil Code and generally applicable laws.
6.8. All devices and their components necessary for providing the services remain the property of the provider and cannot be taken over by the Client, either during or after the end of the Agreement.
6.9. The Client should secure the data stored on the provider’s server before the end of the Agreement to avoid its loss.
6.10. Data stored on the server made available to the Client may be kept for 21 days after the contract expires, and the last backup for an additional 14 days, after which it will be deleted.
6.11. After the contract expires, the backup may only be made available in the form of files from the previous hosting account and database dumps. The Client may request to have the backup moved to a separate directory on the new hosting account. Performing these activities may involve an additional fee according to the price list or agreed individually.
6.12. The provider is not responsible for the loss of data if the Client has not concluded a new contract or made a payment on time, resulting in the interruption of service provision.
6.13. The hosting services agreement is concluded for a fixed term indicated in the order by the Client.
6.14. The minimum term of the Agreement is 14 days, unless the service specification states otherwise. In the case of test access to the service, this duration is determined individually by the provider.
6.15. For fixed-term contracts with Clients who are not consumers, the provider may introduce changes to the price list during the term of the contract, provided that the new conditions are announced 30 days before they become effective. If the Client does not accept the new prices, they have the right to terminate the contract, which may involve the obligation to pay a contractual penalty.
6.16. Changing the hosting account size limit is possible by purchasing additional space or upgrading to a higher package, upon contact with the Service Provider. The Client can remove excess data via SFTP, SSH, or FTP. FTP accounts can optionally be created in the hosting account panel—they are not created by default when the hosting account is set up.
6.17. During technical downtime or service suspension, the provider may display a screen indicating the service is unavailable without specifying the reason.
6.18. The Client undertakes to comply with the licensing terms for software made available as part of the service. In the event of a violation of these terms, the Client bears full responsibility. The provider reserves the right to verify compliance with these conditions.

7. THIRD-PARTY SERVICES AND PRODUCTS

7.1. The Service Provider may provide conditions for Clients to use services or products offered by third parties. The Client uses such services or products according to the terms specified by those third parties.
7.2. The Service Provider may place offers from third parties on the Website; using such third-party offers is voluntary.

8. PRICE

8.1. The Price is a gross price and includes all taxes required by law, unless otherwise clearly stated by the Service Provider in the Offer.
8.2. The Service Provider states that it is a VAT taxpayer.
8.3. The Client agrees to the issuance of a VAT invoice without their signature. The VAT invoice is issued by the Service Provider promptly, no later than by the 15th day of the month following the month in which payment for the Service or Services was made.
8.4. The Client agrees to receive the VAT invoice via email, sent to the Client’s email address, and also that the VAT invoice will be made available on the Website in the Client Panel, under “Payments and invoices.”
8.5. The Price does not include information about delivery costs or other costs that the Client may be obliged to bear, about which they will be informed before placing an order.
8.6. The reduced Price is the price applicable after the Product price has been reduced.
8.7. The lowest price is the lowest price for the Product that was in effect in the 30 days prior to the introduction of the price reduction, and in the case of a Product offered for sale for less than 30 days, the lowest price is the lowest price in effect from the date the Product was first offered until the date of the price reduction.
8.8. The Service Provider reserves the right to make ongoing changes to Product prices, as well as to conduct and cancel promotional campaigns. Any changes to the Product prices take effect from the moment they are introduced on the Internet Service and do not affect already concluded Sales Agreements. Promotional campaigns carried out by the Service Provider are not combined unless the terms of a given promotion provide otherwise. Detailed information can be found each time in the conditions or regulations of the given promotion.

9. TECHNICAL REQUIREMENTS

9.1. The Client may use the Internet Service in accordance with applicable law and these Terms and Conditions.
9.2. The Service Provider states that the public nature of the Internet and the use of services provided electronically may be associated with the risk of unauthorized persons obtaining and modifying Client data; therefore, Clients should use appropriate technical measures to minimize the above risks.
9.3. The recommended technical requirements for cooperation with the IT system used by the Service Provider are:
- (1) a computer, laptop, or other multimedia device with Internet access;
- (2) access to email;
- (3) an Internet browser: Mozilla Firefox version 50.0 or later, Internet Explorer version 11.0 or later, Opera version 35.0 or later, Google Chrome version 48.0 or later, Safari version 10.0 or later;
- (4) a recommended minimum screen resolution of 1024x768;
- (5) cookies and JavaScript enabled in the browser.
9.4. If additional technical requirements are necessary to use the Internet Service or Products, the Client will be informed about it before using the Internet Service or before placing an order for a Product.

10. COMPLAINTS

10.1. The Service Provider is liable for the conformity of the Product with the Offer towards the Client under the principles set out in Articles 43a and following of the Consumer Rights Act.
10.2. If an incomplete complaint is received, making it impossible to process, the Service Provider shall request the Client to supplement it under penalty of leaving the complaint unprocessed. The Client may submit a complaint using the template attached as Annex 3 to these Terms and Conditions.
10.3. All complaints are resolved without undue delay, but no later than within 14 days from the date of submission. The complainant receives a response via email sent to the address from which the complaint was sent, or by letter if the complaint was sent to the Service Provider’s correspondence address.
10.4. It is recommended that the Client include in the complaint description:
- (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
- (2) a request regarding how to bring the Service into conformity with the Agreement or a statement on reducing the price or withdrawing from the Agreement; and
- (3) contact details of the complainant—this will facilitate and speed up the complaint review by the Service Provider. The requirements stated in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
10.5. Any deficiencies in the complaint will be reported to the Client immediately, together with information on how to supplement the missing elements.
10.6. The provisions of this Section regarding the Consumer apply accordingly to Agreements concluded by an Entrepreneur with consumer rights.
10.7. The Client may file a complaint:
- • in electronic form via email to: admin@hostuno.com;
- • by letter (correspondence) to: ADMIN.NET.PL Tomasz Rzepka Arkadiusz Nowara S.C., ul. Bitwy pod Monte Cassino 5/198, 33-100 Tarnów, Poland.

11. CLIENT RIGHTS REGARDING A DIGITAL SERVICE

11.1. This Section sets out the rights of Consumers and Entrepreneurs with consumer rights for agreements for the supply of digital content/services concluded on or after 1 January 2023. Detailed information on the Client’s rights is set out in the Consumer Rights Act, and these Terms and Conditions do not intend to limit or modify them.
11.2. If the digital content or digital service is non-compliant with the agreement, the Client may request that it be brought into compliance or submit a statement on price reduction or withdrawal from the agreement.
11.3. The Service Provider may refuse to bring the digital content or digital service into compliance if it is impossible or would involve excessive costs.
11.4. If the digital content or digital service is non-compliant with the agreement, the Client may submit a statement on price reduction or withdrawal from the agreement if:
- (1) bringing it into compliance is impossible or entails excessive costs,
- (2) the Service Provider has not brought it into compliance,
- (3) the non-compliance persists, even though the Service Provider has tried to bring the digital content or digital service into compliance,
- (4) the non-compliance is sufficiently significant as to justify an immediate price reduction or withdrawal from the agreement,
- (5) from the Service Provider’s statement or the circumstances it is clear that the Service Provider will not bring it into compliance within a reasonable time or without undue inconvenience to the Client.
11.5. The Client may not withdraw from the agreement if the digital content or digital service is provided in exchange for payment, and the non-compliance is insignificant.
11.6. If the Client has not received the digital content or service, the Client shall inform the Service Provider. If it is not delivered promptly or within an additional timeframe clearly agreed upon by the parties, the Client may withdraw from the agreement.
11.7. The Client may withdraw from the agreement without requesting the digital content or digital service if:
- (1) the Service Provider has stated or it is clear from the circumstances that the digital content or digital service will not be delivered, or
- (2) the parties have agreed, or the circumstances of the conclusion of the agreement clearly indicate that a particular delivery date was of essential importance to the Client, and the Service Provider did not deliver it by that date.
11.8. The provisions of this Section do not apply if the agreement provides for the supply of digital content on a tangible medium.

12. WITHDRAWAL FROM THE AGREEMENT

12.1. This Section sets out the rules for withdrawing from the agreement by a Consumer or an Entrepreneur with consumer rights.
12.2. A Client who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Client must inform the Service Provider by an unambiguous statement, for example, via email or by letter to the address indicated in the Terms and Conditions. A sample withdrawal form is included as Annex 2 to these Terms and Conditions.
12.3. The right of withdrawal does not apply to agreements:
- • for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the provision began that once the service was completed, they would lose the right to withdraw, and acknowledged this.
12.4. The Client mentioned in Section 12.2 is liable for any diminished value of the Product resulting from handling it in a manner that goes beyond what is necessary to establish its nature, characteristics, and functionality.
12.5. In the event of withdrawal from a contract for the supply of digital content or digital services, the Client shall refrain from using that digital content or service and from making it available to third parties.
12.6. Possible costs associated with the Consumer’s withdrawal from the Agreement that the Consumer is required to bear:
- • In the case of a Service which was commenced—at the Consumer’s explicit request—before the end of the withdrawal period, if the Consumer exercises the right to withdraw from the Agreement after making such a request, they are obliged to pay for the part of the service provided until the withdrawal. The amount to be paid is calculated proportionally to the scope of the service already provided, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.

13. REFUNDS – EFFECTS OF WITHDRAWAL

13.1. In the event of withdrawal from the Agreement by the Client, the Service Provider shall promptly, but not later than within fourteen days from the date of receiving the notice of withdrawal, refund all payments received from the Client, including the costs of delivery (except for any additional costs that may arise if the Client chose a delivery method other than the cheapest standard one offered by the Service Provider).
13.2. The same means of payment used by the Client for the original transaction will be used for refunds, unless another means of payment is clearly agreed upon with the Client.

14. OTHER PROVISIONS CONCERNING ENTREPRENEURS

This Section of the Terms and Conditions and the provisions contained herein apply only to Clients who are not consumers.

14.1. The Service Provider has the right to withdraw from the Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case can occur without providing a reason and does not create any claims against the Service Provider.
14.2. For Clients who are not consumers, the Service Provider has the right to limit the available payment methods, including requiring full or partial prepayment regardless of the payment method chosen by the Client.
14.3. Pursuant to Article 558 §1 of the Civil Code, the Service Provider’s liability under warranty for the Service or Services towards a Client who is not a consumer is excluded.
14.4. For Clients who are not consumers, the Service Provider may terminate the Electronic Service Agreement with immediate effect and without providing reasons, by sending a relevant statement to the Client.
14.5. The Service Provider’s liability towards a Client who is not a consumer, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the price paid and delivery costs under the Agreement, up to a maximum of one thousand Polish zlotys. The Service Provider is liable to a Client who is not a consumer only for typical, foreseeable damages at the time of concluding the Agreement and is not liable for lost profits.
14.6. Any disputes arising between the Service Provider and a Client who is not a consumer shall be submitted to the court having jurisdiction over the Service Provider’s registered office.
14.7. The Service Provider is not responsible for temporary suspension of servers.

15. CONTENT RESTRICTIONS – ILLEGAL CONTENT AND CONTENT IN VIOLATION OF THE TERMS AND CONDITIONS, REPORTING ILLEGAL CONTENT, CONTACT POINT

15.1. The Client is obliged to use the Website in accordance with the law and ethics, respecting personal rights and the copyright and intellectual property of the Owner and others.
15.2. It is forbidden to post content that is illegal.
15.3. Content must not promote, approve, or depict (including through links to other websites) the commission of offenses specified in Directive 2017/541 (“Directive”), such as, among others:
- a) Human Trafficking: Recruitment, transportation, transfer, harboring, or receipt of persons; use of threats, violence, coercion, abduction, fraud, or deception; abuse of power, or exploiting the vulnerability of a situation; giving or receiving payments or benefits to obtain the consent of a person who has control over another person, for the purpose of exploitation.
- b) Terrorism-related offenses (the full list of offenses is set out in Article 3(1) of the Directive):
  - Committed with the aim of intimidating the population, unlawfully compelling a government or international organization to perform or refrain from performing any act, or destabilizing or destroying the fundamental political, constitutional, economic, or social structures of a country or an international organization.
- c) Examples of such offenses include:
  - Attacks upon a person’s life which may cause death.
  - Attacks upon the physical integrity of a person.
  - Kidnapping or hostage-taking.
  - The manufacture, possession, acquisition, transport, supply, or use of explosives or weapons (including chemical, biological, radiological, or nuclear weapons), as well as research into and development of weapons.
  - Unlawful interference with information systems causing serious damage or committed against an information system of a critical infrastructure.
  - Unlawful data interference in a computer system of a critical infrastructure.
  - Threats to commit any of the above.
- d) Dissemination or making publicly available content with the intention of inciting the commission of offenses referred to in the Directive, if such action supports the commission of terrorist offenses and creates a danger of such offenses.
- e) Incitement of others to commit or contribute to the commission of the offenses mentioned in the Directive.
- f) Providing or collecting funds, directly or indirectly, with the intention of using them for the commission of terrorist offenses.
- g) Forging or using forged official documents with the intention of committing offenses referred to in the Directive.
15.4. Content must not contain information that:
- a) infringes personal or property copyrights;
- b) violates good morals or moral standards, offends dignity, or infringes the personal rights of others, including the right to image;
- c) is vulgar, offensive, or endorses radical social attitudes or views (including any form of racial or ethnic discrimination, discrimination on grounds of sex or religion, propaganda of hatred, etc.) or contains pornographic content;
- d) constitutes advertising prohibited by the Act of 16 April 1993 on Combating Unfair Competition and the Act of 23 July 2007 on Combating Unfair Market Practices;
- e) constitutes misleading commercial information.
15.5. The Owner combats the dissemination of terrorist content in accordance with Regulation 2021/784 and illegal content in accordance with the DSA.
- a) The Owner has created a central contact point (“Contact Point”) for direct electronic communication with the Portal for the authorities of Member States, the Commission, and the Digital Services Board in accordance with the requirements of the DSA, in the form of a contact form available at: https://www.hostuno.com/dsa-form/. The Contact Point also handles orders to take action against illegal content and orders to provide information.
- b) The Contact Point has been established to meet the requirements of Article 11 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (the Digital Services Act) (DSA).
- c) The Contact Point is responsible for handling orders related to actions against illegal content in accordance with Article 9 of the DSA and orders to provide information under Article 10 of the DSA, which are transmitted to the Owner by the relevant judicial and administrative authorities.
- d) Users may also use the Contact Point for direct and rapid communication with the Owner.
- e) The Contact Point handles communication in Polish or English.
- f) Reports regarding illegal content should be submitted to the Owner only through the dedicated Contact Point available on the Website. Such a report must contain all the required information indicated in the form (Annex 4).
- g) The Owner shall inform the reporting party of the receipt of the report and of how it will be handled via email.
- h) The Owner does not independently review posted content.
- i) Complaints regarding the Owner’s actions in relation to terrorist or illegal content should be submitted in accordance with the complaint procedure described in these Terms and Conditions.
15.6. The Owner suspends the provision of services for a reasonable period following a prior warning for service recipients who frequently provide manifestly illegal content. Furthermore, the Owner suspends, for a reasonable period after a prior warning, the processing of notices and actions made via the notice and action mechanisms, and the processing of complaints filed via the internal complaint-handling system referred to in Articles 16 and 20 of the DSA, by persons or entities who frequently submit manifestly unfounded notices or complaints.
15.7. The Owner makes decisions on service suspension after a careful assessment of each case, promptly and objectively, with due diligence. The Owner checks whether the service recipient, person, entity, or complainant is committing the abuse referred to in Section 15.6, taking into account all relevant facts and circumstances available. These circumstances include at least:
- a) the number of manifestly illegal content or unjustified reports or complaints submitted during a certain period,
- b) the proportion of that number in relation to the total number of provided information or reports submitted during that period,
- c) the seriousness of the abuse, including the nature of the illegal content and its consequences,
- d) the intent of the service recipient, person, entity, or complainant, if it can be determined.
15.8. Where not regulated herein, the provisions of the DSA shall apply.

16. TRANSFERRING DATA OUTSIDE THE EEA

16.1. As part of hosting services, the Service Provider allows Clients to purchase servers located outside the European Economic Area (EEA). Choosing such a location means that data processed on the server may be transferred outside the EEA.
16.2. A Client who decides to purchase a server located outside the EEA is responsible for meeting the obligations arising from the GDPR, including informing their own users about the processing of their data outside the EEA.
16.3. The Service Provider is not liable for the compliance of data processing by Clients on their servers with the GDPR.
16.4. The Client is obliged to ensure compliance with legal regulations regarding personal data protection.
16.5. The Service Provider implements appropriate safeguards for transferring data outside the EEA, including standard contractual clauses approved by the European Commission, and cooperates with entities that ensure an adequate level of data protection.

17. FINAL PROVISIONS

17.1. During the occurrence of force majeure, the Parties to the agreement shall be released from all liability for non-performance or improper performance of the agreement, if the circumstances of force majeure constitute an obstacle to the performance of the agreement. The same applies to the period immediately preceding or following a force majeure event, provided the effect of force majeure continues to be an obstacle to the performance of the agreement.
17.2. “Force majeure” is understood as any event of a sudden or natural character, independent of the will and actions of the Parties, which could not have been foreseen and which it was impossible to prevent, including events such as flood, war, terrorist acts, and the introduction of a state of emergency.
17.3. In the case of continuous agreements concluded under these Terms and Conditions (e.g., the provision of the Electronic Service – Account), the amended Terms and Conditions shall be binding on the Client if the requirements set out in Articles 384 and 384¹ of the Civil Code are met, i.e., the Client has been properly informed of the changes and has not terminated the Agreement within 14 calendar days of being notified. If the amended Terms and Conditions result in introducing any new fees or increasing existing fees, the Consumer has the right to withdraw from the Agreement.
17.4. If the Client is from a country other than the Service Provider’s country, they should inform the Service Provider, indicating the information about their place of residence/registered office, so that the tax can be settled in accordance with the applicable regulations for that location.
17.5. When using the Products, it is prohibited to act contrary to the law, good customs, or in a manner that infringes the personal rights of third parties, or to provide information of an unlawful nature.
17.6. Amicable dispute resolution and complaint handling. A Consumer may: • contact the permanent consumer arbitration court to resolve a dispute arising from the concluded agreement, • request the provincial inspector of the Trade Inspection to initiate mediation to amicably end the dispute between the Client and the Service Provider, • contact the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection to seek help regarding the agreement, • or use the ODR (Online Dispute Resolution) platform to resolve disputes between consumers and entrepreneurs: http://ec.europa.eu/consumers/odr.
17.7. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, including changes in legal regulations to the extent these changes necessitate amendments to these Terms and Conditions, in particular changes to the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, as well as by virtue of valid decisions of the President of UOKiK (Office of Competition and Consumer Protection), PUODO (Personal Data Protection Office), or court rulings, to the extent resulting from these decisions/rulings, and in the event of significant changes in business factors, provided there is a cause-and-effect relationship between the indicated change and the change in the cost of providing services by the Service Provider.
17.8. Agreements concluded by the Service Provider are made in the English language.
17.9. The governing law is Polish law, subject to Section 17.10.
17.10. The competent court is a Polish court, subject to Section 17.10.
17.11. In the case of a Client who is a consumer, the provisions of these Terms and Conditions do not deprive the consumer of the protection granted by the law of the country of their habitual residence, which cannot be excluded by agreement. If the laws in the consumer’s country are more favorable and cannot be excluded by agreement, they shall apply to the agreement concluded between the Client and the Service Provider.
17.12. The rules for personal data processing are laid down in the Privacy Policy.
17.13. In matters not covered by these Terms and Conditions, the provisions of universally applicable Polish law shall apply, in particular: the Civil Code; the Act on Electronic Provision of Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Clients who are Consumers, the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of universally applicable law.
17.14. These Terms and Conditions are effective as of 03.03.2025.