Paid services Agreement

Paid Services Agreement for "WIN-VPS.COM"
dated March 07, 2019

Last updated on December 01, 2025

VMachines & Servers OÜ (registry code 14673197, KMKR number: EE102152319, email: ), established and operating under the laws of the Republic of Estonia, with its registered address at Vesivärava tn 50-201, 10152 Tallinn, Estonia (hereinafter referred to as the "Contractor" or the "Operator"), publishes this Paid Services Agreement (the "Agreement"), which constitutes the Contractor's Public Offer and sets out the standard terms and conditions for the provision of electronic services to individuals and legal entities (the "Customers"). The Contractor and the Customer are hereinafter collectively referred to as the "Parties" and individually as a "Party".

This Agreement applies to the services offered by the Contractor through the website "WIN-VPS.COM" (the "Website") and, together with its annexes (including the Terms and Conditions, Privacy Policy, Refund Policy and KYC Customer Verification Policy), governs the rights and obligations of the Parties in connection with the provision of the Services. The Agreement forms a legally binding contract upon acceptance by the Customer as described in Section 2, without prejudice to any mandatory rights granted to Customers who qualify as consumers under the laws of the European Union and Estonia.

The Services provided under this Agreement (the "Services") include, in particular:

• leasing or subleasing and provision to the Customer of computer system resources for software hosting, data processing and information-sharing services, including the provision of Infrastructure-as-a-Service (IaaS) and other related cloud computing and online services;

• development and configuration of virtualisation systems for various operating systems using the Customer's resources;

• preparation of computer systems for operation and creation or deployment of infrastructure for the operation of the Customer's resources;

• remote control, administration and maintenance of computer systems;

• protection of the Customer's resources from attacks, unauthorised access and other security threats;

• monitoring of the Customer's resources on the Internet;

• repairing the Customer's resources after a failure, including installing and configuring software;

• planning, design, inspection and evaluation of the Customer's computer systems and resources;

• customisation, modernisation, testing and updating of the Customer's computer software;

• consulting in the field of information technology and information security;

• other services connected with the support, servicing or operation of the Customer's computer systems and resources, as described in the applicable service descriptions on the Website at the time of ordering.

For the avoidance of doubt, the provision of the Services may be subject to identity verification and other checks in accordance with the Contractor's KYC Customer Verification Policy and applicable law.

1. Terms and Definitions

   The following terms and definitions apply to this Agreement and to all annexes forming part of this Agreement (including the Terms and Conditions, Privacy Policy, Refund Policy and KYC Customer Verification Policy). Capitalised terms used in this Agreement or any of its annexes shall have the meanings set out below, unless expressly defined otherwise in the relevant annex or unless the context otherwise requires.

   In this Agreement and its annexes, unless the context otherwise requires:

   • words in the singular include the plural and vice versa;

   • a reference to a person includes natural persons, legal entities and unincorporated bodies;

   • a reference to legislation or a legislative provision includes any amendment, extension or re-enactment thereof;

   • headings are for convenience only and shall not affect the interpretation of this Agreement.

   1. Agreement — this Paid Services Agreement (public offer) dated March 07, 2019, as may be unilaterally updated by the Contractor from time to time, together with all its annexes (including the Terms and Conditions, Privacy Policy, Refund Policy, and KYC Customer Verification Policy) and any documents incorporated by reference, which jointly regulate the rights and obligations of the Contractor and the Customer in connection with the provision of the Services.

   2. Announcements section — a special section of the Contractor's Website designated for the publication of official notices and information about the Services, amendments to the Agreement and other legally relevant communications; any information published in the Announcements section shall be deemed duly communicated to the Customer from the moment of its publication on the Contractor's Website.

   3. Backup copy — a copy of data created on any storage medium to ensure the possibility of restoring data to its original location in the event of damage, loss or destruction.

   4. Billing Period — the recurring time interval for which the Services are invoiced and provided under a subscription-based arrangement, as specified in the applicable Service description or selected by the Customer during the ordering process. Unless otherwise specified, the default Billing Period is one (1) calendar month.

   5. Blacklist — a list or database of users, network addresses or IP addresses that are denied access to a system or service; communications (such as email) originating from blacklisted addresses may be blocked or may not reach their intended recipients.

   6. Business Customer — any Customer that does not qualify as a Consumer.

   7. Chargeback — a reversal of a payment transaction initiated by the Customer's bank, card issuer or payment service provider, typically in response to a dispute raised by the Customer or the holder of the payment instrument.

   8. Client Area — a password-protected online area of the Contractor's Website, accessible to the Customer after authentication, where the Customer can manage the Services, view invoices and accounting documents, submit support requests, communicate with the Contractor through the Ticket System, and access official communications and documents on a Durable Medium.

   9. Competent authority — any court, tribunal, regulatory body, government department, law enforcement agency or other body or authority having jurisdiction over the relevant matter under applicable law.

   10. Consumer — a natural person who enters into this Agreement and uses the Services for purposes outside his or her trade, business, craft or profession, as defined in Directive 2011/83/EU, Directive 93/13/EEC and applicable Estonian consumer protection legislation (including the Consumer Protection Act and the Law of Obligations Act).

   11. Consumer Rights Directive — Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.

   12. Contractor — VMachines & Servers OÜ, a company incorporated and existing under the laws of the Republic of Estonia, acting as the provider of the Services under this Agreement, including under the "WIN-VPS.COM" brand.

   13. Core function — a principal feature or capability of the Services that is:

       • expressly described in the applicable Service description or Order as a key characteristic of the Service; or

       • essential to the ordinary and expected use of the Service by a reasonable customer of the same type (Consumer or Business Customer, as applicable).

   14. Customer — a natural person or legal entity that accepts this Agreement as a Public Offer, registers an account and/or places an Order on the Contractor's Website, and pays for the Services provided by the Contractor under this Agreement. The term "Customer" includes both Consumers and Business Customers, unless expressly stated otherwise.

   15. Data Subject — an identified or identifiable natural person whose Personal Data is processed, as defined in Article 4(1) of the GDPR.

   16. DDoS — Distributed Denial-of-Service; a type of cyber attack in which multiple systems simultaneously send excessive traffic or requests to a target system, rendering it unavailable to legitimate users.

   17. Digital Services Act or 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.

   18. DoS — Denial-of-Service; a type of cyber attack designed to make a system, service or network unavailable to its intended users by overwhelming it with traffic or exploiting vulnerabilities.

   19. DRDoS — Distributed Reflected Denial-of-Service; a type of DDoS attack in which the attacker exploits third-party servers to reflect and amplify attack traffic towards the target.

   20. Durable Medium — any instrument which enables the recipient to store information addressed personally to that recipient in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored, as defined in Article 2(10) of the Consumer Rights Directive. The Client Area constitutes a Durable Medium for the purposes of this Agreement.

   21. Email — electronic mail; a method of exchanging digital messages between users over the Internet using email servers and standard protocols.

   22. Force Majeure Event — any event or circumstance beyond a Party's reasonable control that prevents or delays the performance of that Party's obligations under this Agreement, as further described in Section 8 of this Agreement and Clause 6.1.16 of the Terms and Conditions.

   23. GDPR — Regulation (EU) 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 (General Data Protection Regulation).

   24. Hosting service provider — a provider of hosting services within the meaning of Article 3(g)(iii) of the Digital Services Act.

   25. IaaS (Infrastructure as a Service) — a cloud computing model in which the Contractor provides the Customer with virtualised computing resources over the Internet, including servers, data storage systems, networks and other fundamental computing resources, enabling the Customer to deploy and run software, including operating systems and applications, on such infrastructure.

   26. Infrastructure — the equipment, systems and instances that support the flow and processing of information, including storage, servers, networking components and related software.

   27. Login — a unique identifier of the Customer used to access the Client Area, which may be a username or an email address.

   28. Malicious Software — any software designed to damage, disrupt or gain unauthorised access to computer systems, including but not limited to viruses, worms, trojan horses, ransomware and spyware.

   29. Material Modification — a modification to the Services that materially affects, or is reasonably expected to materially affect, the functionality, quality or accessibility of the Services, as further described in Clause 5.4.4 of the Terms and Conditions.

   30. Online chat (Live Chat) — a real-time communication system on the Contractor's Website that enables Customers to receive online help and technical support.

   31. Operator — see "Contractor". The terms "Contractor" and "Operator" are used interchangeably in this Agreement and its annexes.

   32. Order — a request made by the Customer for the Services to be supplied pursuant to the terms of the Agreement and the Terms and Conditions.

   33. Owner of resources — a legal entity or natural person that owns or otherwise lawfully holds or controls Resources and is entitled, on a contractual or other legal basis, to provide such Resources for use, including to the Contractor and/or the Customer.

   34. Parties — collectively, the Contractor and the Customer; each individually a "Party".

   35. Password — a confidential sequence of characters used to authenticate the Customer's identity and authorise access to the Customer's account and the Services.

   36. Payer — a third party who pays for the Services on behalf of the Customer, as further described in Clause 3.5 of the Terms and Conditions.

   37. Payment system — an organisation which has, in accordance with applicable legislation, the right to process payments and transfer money or electronic money.

   38. Personal Data — any information relating to an identified or identifiable natural person, as defined in Article 4(1) of the GDPR.

   39. Principal — a natural person or legal entity on whose behalf the Customer is authorised to act when entering into the Agreement and/or ordering and paying for the Services, including where the Customer uses the Principal's payment method.

   40. Provider — an organisation providing Internet access services and other services connected with the Internet.

   41. Public Offer — a public proposal of the Contractor, addressed to an indefinite number of persons, to conclude this Agreement for the provision of the Services on the terms and conditions specified in this Agreement and on the Contractor's Website, acceptance of which by the Customer creates a binding Agreement between the Contractor and the Customer.

   42. Removal order — an order issued by a Competent authority requiring the removal of or disabling of access to content, including orders issued under the TCO Regulation or the Digital Services Act.

   43. Resources — computing resources, including equipment, servers, software and network infrastructure, used to host websites, applications and store the Customer's data.

   44. Service Level Agreement or SLA — a separate written agreement between the Contractor and the Customer specifying performance metrics, availability commitments and remedies for specific Services, where applicable.

   45. Services — paid services provided by the Contractor to the Customer via the Contractor's Website, including but not limited to infrastructure-as-a-service (IaaS), virtual private servers, dedicated servers, colocation and any related ancillary or additional services, as described in the Terms and Conditions and on the Contractor's Website.

   46. Spam — unsolicited bulk messages, typically sent for commercial purposes without the recipient's prior consent.

   47. Subscription — a business model in which the Customer must pay a recurring price at regular intervals for continued access to a product or service.

   48. TCO Regulation — Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online.

   49. Terrorist content — material as defined in Article 2(7) of the TCO Regulation and Directive (EU) 2017/541 on combating terrorism, as further described in Clause 7.2 of the Terms and Conditions.

   50. Third-Party Recurring Payment — a recurring payment or subscription created by the Customer through a third-party payment service provider (such as PayPal) in connection with the Services, as further described in Clause 3.4 of the Terms and Conditions.

   51. Ticket System — a web-based feature within the Client Area that organises and manages Customer requests, enabling Customers to submit issues or questions which are logged, tracked and resolved by the Contractor.

   52. Website (Contractor's Website) — the official website of the Contractor available at "WIN-VPS.COM" (including its subdomains), through which the Customer may review this Agreement and its annexes, place and manage Orders for the Services, manage their account and receive official information from the Contractor.

   53. Withdrawal Notice — a clear and unambiguous statement by a Consumer informing the Contractor of the Consumer's decision to withdraw from the Agreement in accordance with the statutory right of withdrawal, as further described in Section 2 of the Refund Policy.

   54. Working days — days of the week from Monday through Friday inclusive, which are not public holidays in accordance with the legislation in force in the Republic of Estonia. All other days, including public holidays, are non-working days.

   55. Working hours — the time period between 10:00 and 19:00 (Estonia/Tallinn time zone, EET/EEST, UTC+2/UTC+3) on Working days.

2. General Provisions

   1. This Agreement constitutes the Contractor's public offer (standard terms and conditions) addressed to an unlimited number of persons (Customers), containing the essential terms for the provision of the Services.

      For Customers who qualify as consumers (natural persons acting for purposes outside their trade, business, craft or profession), this Agreement is subject to mandatory consumer protection laws of the European Union and Estonia. This includes, where applicable, a statutory right to withdraw from distance contracts within the period provided by law, which is further described in the Refund Policy.

      The Agreement is concluded when the Customer completes the acceptance procedure as set out in clause 2.2 below (and, where applicable, clause 2.3 below).

   2. The Customer's full and unconditional acceptance of this Public Offer (acceptance) occurs when the Customer completes the ordering process for the Services on the Website as described in clause 2.4 below, submits the order, and, where required, successfully completes payment for the Services using one of the payment methods offered by the Contractor.

   3. By submitting an order and, where required, making payment for the Services, the Customer confirms that they have had the opportunity to review and that they agree to be bound by this Agreement and its annexes specified in clause 2.14. From the moment when the Customer has completed the acceptance described in clause 2.2 above, a contractual relationship between the Customer and the Contractor is deemed to be established.

      Nothing in this clause limits any mandatory information duties of the Contractor or any mandatory statutory rights of Customers who qualify as consumers under applicable law.

   4. To conclude this Agreement on the Contractor's Website, the Customer performs the following actions:

      • selects the Services on the Contractor's service description pages and, where applicable, chooses the configuration, service period and other options in the order form;
      • completes the order form on the Website by providing the information requested as necessary for the provision of the Services, invoicing, communication with the Customer, and compliance with applicable legal obligations (for example, name, email address, country of residence, and, where applicable, company details), as further described in the Privacy Policy and, where relevant, in the KYC Customer Verification Policy;
      • reviews the order summary and the key information about the Services, including the total price, service period and other essential terms, and confirms their agreement with this Agreement and its annexes (including the Terms and Conditions, Privacy Policy and Refund Policy), for example by ticking the relevant checkbox(es);
      • submits the order by activating the order button or similar function clearly indicating an obligation to pay, and, where required, completes payment for the order using one of the payment methods offered by the Contractor or by following the payment instructions (including invoices) provided by the Contractor or its payment service provider.

   5. Subject to this Agreement, the Terms and Conditions, the Privacy Policy, the Refund Policy and the KYC Customer Verification Policy, the Contractor undertakes to provide the Services ordered by the Customer for the service period and in the amount specified in the Customer's order details and, where required, paid for in advance by the Customer.

   6. The Contractor's obligations are limited to those expressly set out in this Agreement, the Terms and Conditions and the applicable Service descriptions. In particular, the Contractor is not responsible for providing the Customer with access to the Internet, telecommunication or other third-party communication services, and the Customer must procure access to the Internet and any infrastructure necessary to use the Services at the Customer's own expense. The Contractor does not provide training services or the skills necessary to work with software or hardware for the Customer and/or the Customer's employees, unless expressly indicated in the applicable Service description or in the Customer's order details. Nothing in this clause limits any mandatory statutory rights of Customers who qualify as consumers.

   7. As a general rule, the Services are billed in advance. Unless otherwise indicated during the ordering process or agreed in writing, the Contractor is not obliged to start providing the Services until it has received confirmation of full payment of all fees due for the initial service period of the Customer's order.

      Subject to successful payment, any required verification or checks under the KYC Customer Verification Policy or anti-fraud procedures, and the technical availability of the Services, the Contractor will start providing the Services as soon as reasonably practicable, typically within one (1) day after confirmation of full payment of the Customer's order.

      For Customers who qualify as consumers, the Contractor may begin providing the Services immediately after the conclusion of the Agreement and confirmation of payment. This does not affect the Customer's statutory right to withdraw from the Agreement within the withdrawal period and to obtain a refund in accordance with the Refund Policy.

   8. After full payment for the Contractor's Services, the Contractor shall, in accordance with clause 2.7, without undue delay, make the ordered Services available to the Customer and provide the Customer with the information necessary to use the Services (such as service activation confirmation, access credentials and relevant documentation). This information is made available in the Customer's Client Area and may also be provided by email on a durable medium.

   9. Complaints and Notifications of Non-Conformity

      The Customer shall submit any complaints or claims regarding the Contractor's fulfilment of its obligations through the Contractor's Client Area (ticket system). If the Customer cannot access the Client Area due to technical problems, the Customer shall contact the Contractor using the alternative contact methods published on the Website (such as live chat or designated messenger accounts) in accordance with clause 2.12.7.

      1. The Customer shall notify the Contractor of any non-conformity, defect or interruption of the Services without undue delay after becoming aware of it. For Business Customers, such notification shall be made within fourteen (14) calendar days from the moment the Business Customer became aware or should reasonably have become aware of the issue. For Consumers, no contractual notification deadline applies; statutory notification and limitation periods under applicable consumer law remain unaffected. Timely notification enables the Contractor to investigate and remedy the issue more effectively and helps preserve evidence necessary to substantiate the Customer's claim.

      2. In the absence of any complaint or claim submitted by the Customer for a given billing period, the Services are presumed to have been provided in conformity for that period for billing and accounting purposes, unless the Customer can demonstrate otherwise with reasonable evidence (such as contemporaneous logs, screenshots, third-party monitoring data, or support tickets from the affected period). For Consumers, this clause does not limit any mandatory statutory rights under Directive (EU) 2019/770 or its implementation in applicable national law.

      3. The Contractor's service monitoring logs constitute prima facie evidence of service availability and performance. The Customer may rebut this evidence with credible contemporaneous documentation (such as screenshots, third-party monitoring data, or support tickets from the affected period).

      4. The Customer acknowledges that failure to notify the Contractor without undue delay and continued use of the Services may limit the remedies available. In particular, the Contractor is not obliged to refund fees for an entire billing period if (a) the Customer did not raise a complaint during that period and (b) the Customer continued to use the Services, unless mandatory law requires otherwise.

   10. If a Service is ordered on a subscription basis, the Service will renew automatically for successive billing periods, provided that:

       • the Customer has explicitly created a recurring payment or subscription (for example, via the Client Area or on the website of a payment service provider such as PayPal); and

       • the subscription has not been cancelled by either party in accordance with this Agreement and the Terms and Conditions.

       1. By creating such a subscription, the Customer authorises the Contractor or the relevant payment service provider to automatically debit the applicable subscription fees for each renewal period using the payment method designated by the Customer.

       2. The Customer may cancel the subscription at any time, subject to the notice periods and procedures specified in Section 3 of the Terms and Conditions, by using the cancellation tools provided in the Client Area and, where applicable, by cancelling any recurring payment directly with the payment service provider (e.g. PayPal). Cancellation does not affect fees already charged for the current billing period. Refunds for renewed periods are governed by the Contractor's Refund Policy.

       3. If automatic debiting of funds is not possible (for example, due to insufficient funds or an expired payment method), the Customer remains responsible for paying any outstanding fees for the active subscription period, and the Contractor may suspend or terminate the Services in accordance with the Terms and Conditions.

   11. Amendments to this Agreement

       This Clause 2.11 governs amendments to the text of this Agreement and its annexes (including the Terms and Conditions, Privacy Policy, Refund Policy and KYC Customer Verification Policy). Modifications to the Services themselves (including features, functionality, technical resources, IP addresses and software) are governed by Section 5 of the Terms and Conditions.

       The Contractor may amend or update this Agreement (in whole or in part) from time to time for justified reasons, including but not limited to:

       • changes in applicable laws or regulations or requirements of supervisory authorities;

       • necessary adaptations to technical, security or operational requirements, including the prevention of abuse, damage to other Customers, damage to third-party infrastructure, or harm to the Contractor's reputation;

       • updates or improvements to the Services, pricing models or business processes that do not unreasonably disadvantage the Customer.

       1. Any material changes to this Agreement that adversely affect the Customer shall be notified to the Customer in advance on a durable medium (for example, via email or through a notice in the Client Area) at least thirty (30) calendar days before they come into effect. The date of the last modification of this Agreement shall also be published on the Contractor's Website.

       2. If the Customer does not agree with the amended terms, the Customer may terminate this Agreement and the affected Services before the effective date of the changes, by submitting a cancellation request in accordance with the Terms and Conditions. Continued use of the Services after the effective date of the changes shall constitute acceptance of the amended Agreement.

       3. The above notice period does not apply where an immediate change is required by law, regulation, a court or supervisory authority decision, or is strictly necessary to address a security incident, prevent ongoing abuse, or avoid imminent harm to other Customers, third parties or the Contractor. In such cases, the Contractor shall notify the Customer as soon as reasonably possible.

       4. Changes in prices for the Services shall not apply to orders that have already been fully paid by the Customer. For subscription-based Services, any price change shall take effect from the next renewal period following the expiry of the notice period set out in Clause 2.11.1.

       5. This Clause 2.11 does not permit the Contractor to unilaterally change the main characteristics of the Services already purchased or the agreed price for the current billing period, except where such change is required by applicable law or by a decision of a court or supervisory authority. For the avoidance of doubt, modifications to the Services themselves (such as feature changes, software updates or resource reallocation) are subject to the conditions and Customer rights set out in Section 5 of the Terms and Conditions, including the right to cancel and obtain a refund where a core function is materially affected.

   12. Primary Communication Channel and Client Area

       1. Mandatory Registration and Account Creation. To order and use any Services, the Customer must have an active account in the Client Area at WIN-VPS.COM. Services are not provided without such registration.

          • Voluntary Registration. The Customer may create an account proactively by registering in the Client Area before placing any order.

          • Registration During the Order Process. The Customer may also create an account automatically during the order process on the Website. In this case, the Customer:

            • selects the Service and its parameters and proceeds to the checkout page (order summary and payment page);

            • provides the minimum required registration and billing details (such as name, email address and billing address) necessary for billing, taxation (including VAT) and identification purposes;

            • is presented with the Agreement and its annexes, including links to them on the checkout page and in the footer of the Website, and must expressly confirm having read and accepted them by ticking the acceptance checkbox;

            • can only activate the "Pay and subscribe" (or equivalent clearly worded) button after ticking the acceptance checkbox.

          • Moment of Account Creation and Subscription. By clicking the "Pay and subscribe" (or equivalent clearly worded) button after accepting the Agreement, the Customer (1) concludes this Agreement, (2) creates or confirms their account in the Client Area based on the data provided in the order form, and (3) initiates payment for the selected Services, including, where applicable, the creation of a subscription as described in clause 2.10. Payment cannot be completed before the account has been created or confirmed.

       2. Client Area as Primary Service Communication Channel. The Client Area is the primary and official channel for all service-related communications between the Contractor and the Customer in relation to the Services, including:

          • invoices and billing notifications;

          • service announcements and maintenance notices;

          • subscription renewal reminders;

          • support requests and responses (ticket system);

          • cancellation requests and confirmations;

          • notifications on suspension or termination of Services;

          • other account- and service-related communications.

       3. Preference for the Ticket System Over Email. To ensure reliable, secure and verifiable communications with Customers and to protect both Parties from the inherent technical limitations and risks of email communications, the Contractor handles customer support and contractual instructions (including complaints, cancellation requests and change requests) primarily through the Ticket System in the Client Area.

          • Technical Unreliability. Email communications are inherently unreliable due to aggressive spam filters, incorrect email settings and deliverability issues with various email providers. Legitimate business emails may be incorrectly classified as spam or rejected by mail servers without notice to the sender or recipient.

          • Volume of Spam. The Contractor receives large volumes of unsolicited and fraudulent emails, making it difficult to reliably identify and respond to legitimate customer communications in a timely manner. Reliance on email as a primary support channel would therefore result in worse service for Customers.

          • Security Risks. Email is vulnerable to phishing, spoofing and other security threats that may compromise Customer data and lead to fraud or unauthorised actions.

          • Customer Protection via the Client Area. The Client Area Ticket System provides superior protection for Customers by ensuring:

            • reliable delivery and receipt of all communications once submitted in the Ticket System;

            • automatic confirmation when a ticket is created;

            • a complete audit trail with timestamps;

            • secure authentication before access;

            • storage of communications in a form that the Customer can access, store and reproduce unchanged at any time.

       4. Optional Notifications by Email or Messengers. The Contractor may, at its sole discretion, send courtesy notifications (for example, alerts that a new invoice or message is available in the Client Area) to the Customer's email address or via third-party messaging services (such as WhatsApp or Telegram), if the Customer has provided the relevant contact details. Such notifications are provided for convenience only and do not alter the fact that the Client Area is the primary and official service communication channel. The Contractor does not guarantee the delivery of any email or messenger notifications due to factors beyond its control, including spam filters, messaging platform policies, technical issues and connectivity problems.

       5. Legal Effect of Client Area Communications. Communications, invoices and notices made available in the Customer's Client Area in a manner that allows the Customer to store and reproduce them unchanged are deemed provided on a durable medium and are considered delivered and legally effective at the latest within twenty-four (24) hours after they are made available, regardless of whether the Customer has actually accessed the Client Area to view them. For consumers within the meaning of applicable consumer protection laws, this clause does not limit any mandatory statutory rules on the provision or receipt of information.

       6. Customer Responsibilities. The Customer is responsible for:

          • regularly accessing and monitoring the Client Area for new messages and invoices (and in any case at least once every fourteen (14) days);

          • maintaining secure and accessible login credentials;

          • keeping contact information in the Client Area up to date;

          • promptly informing the Contractor of any technical access issues.

       7. Access Issues and Alternative Contact. If the Customer cannot access the Client Area due to technical problems, the Customer shall contact the Contractor without undue delay using the alternative contact methods published on the Website (for example, live chat or designated messenger accounts). The Contractor will assist in restoring access or, in exceptional cases, agree on a temporary alternative communication method. The Contractor will not send passwords or other sensitive personal data via public instant messaging services.

   13. Legal Communications and Evidence

       1. Contact Email and Other Electronic Channels. In addition to the Client Area, the Contractor publishes a general contact email address and other electronic contact methods (for example, live chat or designated instant messenger accounts) on the Website to enable rapid and direct contact. These channels may be used for initial enquiries, for situations where the Customer cannot reasonably access the Client Area, and, where applicable, for the exercise of statutory rights. The Contractor may, where appropriate, request that the Customer continues a request or provides additional information via the Ticket System in the Client Area so that the communication can be handled securely and efficiently.

       2. Processing of Email Communications and Technical Addresses. The Contractor does not use email as its primary support channel and does not guarantee any response times to email communications. Emails sent by Customers may experience delays in processing. To ensure timely processing and a proper record of communications, the Customer is strongly encouraged to use the Ticket System in the Client Area for all support requests, complaints and contractual instructions.

          • Messages Sent Only by Email. If a Customer sends a message only by email without opening a ticket in the Client Area, the Contractor may, at its discretion, respond to such message or invite the Customer to open a ticket. However, the Customer acknowledges that the Contractor's support and response obligations under this Agreement are fulfilled by responses and actions taken via the Ticket System in the Client Area, and not by email correspondence.

          • Technical Outgoing Addresses. Automated emails sent by the Contractor to the Customer (such as order confirmations, invoices or service alerts) may be sent from technical email addresses used solely for outgoing notifications. Such technical addresses are not monitored for incoming messages, and Customers are instructed not to reply to them. Any replies or unsolicited emails sent by the Customer to such technical addresses may not be read or processed and do not constitute an agreed or reliable channel for contractual notices.

          • Consumers. For consumers within the meaning of applicable consumer protection laws, communications sent via the published contact email address or another durable medium will be accepted where this is required by mandatory consumer protection law or where the Customer cannot reasonably access the Client Area.

       3. Legal Effect of Client Area Communications. All official communications, notifications and documents relating to the Services are made available in the Customer's Client Area. Their delivery and legal effect are determined in accordance with clause 2.12.5.

       4. Evidence and Disputes. In case of any disagreement on the facts of sending, receiving or content of communications, the Parties agree that the records in the Contractor's Client Area system (including ticket logs, timestamps and published notices) constitute strong evidence of the relevant facts and create a rebuttable presumption in favour of their accuracy, unless the other Party provides credible evidence to the contrary. This clause does not limit the right of either Party to present other evidence in legal or administrative proceedings.

   14. Annexes to this Agreement:

       • Terms and Conditions for "WIN-VPS.COM" is an integral part of this Agreement (annex). >>> read this document
       • Privacy Policy for "WIN-VPS.COM" is an integral part of this Agreement (annex). >>> read this document
       • Refund Policy for "WIN-VPS.COM" is an integral part of this Agreement (annex). >>> read this document
       • KYC Customer Verification Policy for "WIN-VPS.COM" is an integral part of this Agreement (annex). >>> read this document

       • The descriptions of the Services, price lists, technical specifications and service plans published on the Contractor's Website and/or in the Client Area at the time of placing the relevant order form part of this Agreement only to the extent that they describe the characteristics, scope and price of the Services ordered by the Customer. In case of any conflict between such information and this Agreement or the Terms and Conditions, this Agreement and the Terms and Conditions shall prevail.

       • General marketing materials, news, blog posts and other informational content on the Website are provided for information purposes only and do not in themselves create contractual obligations, unless they are expressly incorporated into the Customer's order or this Agreement.

   15. Hierarchy of Documents

       In case of any conflict or inconsistency between the documents forming or referred to in this Agreement, the following order of precedence shall apply (from highest to lowest):

       • this Paid Services Agreement;

       • the Terms and Conditions;

       • the KYC Customer Verification Policy, Privacy Policy and Refund Policy;

       • service descriptions, price lists and technical specifications referenced in the Customer's order at the time of placing the order;

       • any other documents expressly incorporated by reference.

       For consumers within the meaning of applicable consumer protection laws, mandatory statutory consumer rights prevail over all contractual provisions.

3. Subject of the Agreement

   1. The Contractor undertakes to provide the Services ordered by the Customer in accordance with this Agreement and the Terms and Conditions, and the Customer undertakes to pay for and accept these Services. The scope, characteristics and price of the Services are specified in the Customer's order details and in the Contractor's invoice. In the event of any inconsistency, the provisions of this Agreement and the Terms and Conditions, as well as the applicable Service description on the Contractor’s Website as published at the time the Customer placed the Order, shall prevail over the contents of the invoice.

      For Customers who qualify as consumers within the meaning of applicable consumer protection laws, mandatory consumer rights (including withdrawal rights and legal guarantees) apply as set out in the Refund Policy and other applicable provisions of this Agreement, and shall prevail over any conflicting non-mandatory terms of this Agreement.

   2. Conclusion and Entry into Force of the Agreement

      1. This Agreement is concluded when the Customer completes the acceptance procedure as set out in clause 2.2 (order submission and, where required, successful payment). Upon successful payment verification, the Contractor’s ordering system may send an electronic confirmation of the Order (for example, by email and/or by updating the Order status in the Client Area). Such confirmation is of an evidentiary and informational nature only and does not affect the moment of conclusion of this Agreement as defined in the first sentence of this clause.

      2. The Contractor's obligation to commence providing the Services under a specific Order arises upon:

         • receipt of confirmation of full payment for the initial service period (unless different payment terms are expressly agreed in writing between the Parties);

         • successful completion of any required verification procedures under the KYC Customer Verification Policy; and

         • technical availability of the ordered Services.

      3. Subject to the conditions in clause 3.2.2, the Contractor will commence providing the Services as soon as reasonably practicable, typically within one (1) Working day after confirmation of full payment, unless otherwise indicated in the applicable Service description or agreed in writing with the Customer.

      4. For Customers who qualify as consumers, the statutory withdrawal period begins from the date of conclusion of the Agreement as set out in clause 3.2.1, regardless of when the Services are actually commenced. By proceeding with payment, the consumer expressly requests that the Contractor begins performance of the Services before the end of the withdrawal period, in accordance with the Refund Policy and applicable consumer protection legislation.

      5. The consumer acknowledges that, if the Services are fully performed before the withdrawal is exercised, the statutory right of withdrawal may be lost, and that, in case of partial performance, the Contractor may be entitled to a proportionate amount for the Services already provided, in accordance with the Refund Policy and applicable consumer protection legislation.

   3. Invoices and Accounting Documents

      1. Invoices for Services and other accounting documents are made available to the Customer in the Client Area in accordance with clause 2.12 and may also be sent to the Customer's registered email address as a courtesy notification.

      2. The Customer is responsible for regularly checking the Client Area for new invoices and accounting documents. Invoices published in the Client Area are deemed delivered in accordance with clause 2.12.5.

      3. If the Customer believes that an invoice contains an error or does not correspond to the Services actually ordered or received, the Customer must notify the Contractor through the Client Area ticket system within thirty (30) calendar days from the date the invoice was made available in the Client Area, specifying the nature of the discrepancy.

      4. In the absence of a timely notification under clause 3.3.3, the invoice is presumed, for billing purposes, to be correct and to correspond to the Services ordered by the Customer and shall constitute prima facie evidence of such correctness, unless the Customer can demonstrate that they were prevented from notifying the Contractor due to circumstances beyond their reasonable control. For Customers who qualify as consumers within the meaning of applicable consumer protection laws, this clause does not limit any mandatory statutory rights, including rights to complain about non-conformity of the Services under applicable consumer protection legislation.

      5. All document management under this Agreement is carried out electronically in accordance with clause 2.12. Electronic documents published in the Client Area or sent by email are legally valid and equivalent to paper documents to the extent permitted by applicable law.

      6. The Contractor may provide paper copies of accounting documents by postal service at the Customer's request. The Contractor reserves the right to charge reasonable administrative and postal costs for providing paper copies, except where the provision of paper documents free of charge is required by mandatory consumer protection law applicable to the Customer.

   4. The Contractor issues invoices and other accounting documents in accordance with the applicable tax and accounting requirements of the European Union and Estonia, including, where applicable, Council Directive 2006/112/EC on the common system of value added tax (VAT Directive) and the Estonian Accounting Act. All such documents meet the applicable standards for financial documentation, ensuring accuracy, compliance and transparency in financial reporting.

4. Rights and obligations of the parties

   1. The Contractor undertakes to:

      • fulfil its obligations under each Customer Order in a timely manner and in accordance with this Agreement;

      • provide the Customer with the information necessary to access and use the Services for which the Customer has paid, including access credentials and relevant documentation, via the Client Area and, where applicable, by email or another durable medium;

      • issue invoices for the Services in accordance with Section 3 and Section 5 of this Agreement and the Terms and Conditions, and make such invoices available to the Customer via the Client Area in accordance with the communication rules set out in this Agreement;

      • protect the confidentiality of information relating to the Customer and the Customer's use of the Services, including any personal data, and process such information only in accordance with applicable data protection laws (including the GDPR), the Contractor's Privacy Policy and this Agreement. Disclosure of such information to third parties shall be made only where:

        • required by applicable law or a binding order of a competent authority;

        • necessary for the performance of this Agreement or the provision of the Services; or

        • otherwise described in and permitted by the Privacy Policy;

      • implement appropriate technical and organisational measures in accordance with applicable data protection and security standards, and use reasonable efforts to prevent or mitigate unauthorised access to the Customer's hosted resources, system failures, security incidents and the introduction of harmful components affecting the infrastructure under the Contractor's control;

      • use reasonable efforts, in case of an emergency or unplanned outage affecting the Services, to restore the normal operation of the Services as soon as reasonably practicable;

      • notify the Customer at least 24 (twenty-four) hours prior to any planned maintenance that may result in suspension or degradation of the Services, by posting information in the Announcements section and in the Customer's Client Area. For Customers who are consumers within the meaning of applicable consumer protection law, such notification shall also be sent by email or another durable medium where the Customer has provided a valid email address;

      • for Services provided on a subscription basis, publish a renewal invoice in the Customer's Client Area at least 14 (fourteen) calendar days before each subscription renewal date, clearly indicating:

        • that the invoice is for subscription renewal;

        • the Services being renewed;

        • the amount due and the renewal date; and

        • clear instructions for cancellation if the Customer does not wish to renew.

        For Customers who are consumers, such notification shall also be sent by email or another durable medium;

      • in the event of an emergency or unplanned outage affecting the Services, notify the Customer as soon as reasonably practicable, and in any event within 12 (twelve) hours from the time the Contractor becomes aware of the emergency, by posting information in the Announcements section and in the Customer's Client Area. Additional notifications may be sent via email or other channels at the Contractor's discretion;

      • notify the Customer of material changes to this Agreement and its annexes in accordance with Clause 2.11, including by publishing the updated documents on the Website and posting a notice in the Announcements section. For Customers who are consumers, notification of material changes shall also be sent by email or another durable medium at least 30 (thirty) calendar days before such changes take effect, and the Customer shall have the right to terminate this Agreement and the affected Services without penalty before the changes take effect if the Customer does not agree with such changes;

      • review any complaint or claim submitted by the Customer through the Client Area or through other communication channels specified in this Agreement or on the Website, and provide a reasoned response within 30 (thirty) calendar days of receipt;

      • maintain up-to-date versions of this Agreement and its annexes on the Website, with the date of the latest update clearly indicated in the Announcements section and in the document header.

   2. The Customer undertakes to:

      • provide accurate, complete and up-to-date information when registering an account and submitting an Order on the Contractor's Website, and verify the accuracy of such information and configurations before confirming the Order;

      • where the Contractor requests verification of the Customer's identity or other know-your-customer (KYC) checks in accordance with the KYC Customer Verification Policy and/or applicable law, provide the requested documents and information (including, where applicable, a copy or scan of an identification document with the document number and other non-essential data redacted) within 48 (forty-eight) hours of the Contractor's request or within such longer period as the Contractor may reasonably allow, using the secure channels indicated in the Client Area or on the Website. Failure to comply with such request may result in suspension, non-activation or termination of the Services, as described in the KYC Customer Verification Policy and this Agreement;

      • pay all fees and charges for the Services in full and by the due date specified in the invoice issued by the Contractor, in accordance with Section 5 of this Agreement and the Terms and Conditions;

      • regularly check the Client Area and, where applicable, the email address registered with the Contractor for invoices, service notifications, renewal reminders and other communications sent by the Contractor in accordance with this Agreement;

      • review any notifications regarding changes to this Agreement and its annexes sent by the Contractor in accordance with Clause 2.11 and Clause 4.1(j), and take appropriate action in response to such changes, including, where applicable, exercising the right to terminate this Agreement and the affected Services if the Customer does not agree with such changes;

      • not use anonymisation tools (such as open proxies, the Tor network, VPNs or similar services) for the purpose of concealing the Customer's identity or location when registering an account or placing an Order on the Website, where such use would prevent the Contractor from properly verifying the Customer's identity, assessing fraud or abuse risks or complying with applicable legal obligations. The Customer acknowledges that the Contractor may reject or cancel Customer Orders placed in breach of this obligation. This restriction does not apply to the Customer's general use of the Services after the Order has been accepted, unless otherwise provided in the Terms and Conditions;

      • notify the Contractor without undue delay, and in any event within 7 (seven) calendar days, of any changes to the Customer's name, billing address, email address, telephone number or other contact or account information. Such notification shall be made by updating the relevant details in the Client Area or by contacting the Contractor through the communication channels specified in this Agreement or on the Website;

      • comply with this Agreement, the Terms and Conditions (including the use restrictions and prohibited activities set out therein), the Privacy Policy, the KYC Customer Verification Policy and all other annexes, policies and rules that form part of this Agreement, and use the Services only for lawful purposes and in accordance with applicable law.

   3. The Contractor shall have the right, in addition to any other rights arising under this Agreement, the Terms and Conditions and applicable law, to:

      • temporarily suspend the provision of any or all of the Services, in whole or in part, in the event of an emergency, incident or other circumstances which materially affect or threaten the security, integrity or proper functioning of the Contractor's infrastructure, the Services or third-party systems, or where such suspension is required to comply with applicable law or a binding order of a competent authority. Where reasonably practicable, the Contractor shall inform the Customer of the reason for such suspension and, if possible, the expected duration, in accordance with Clause 4.1(i);

      • suspend or restrict the provision of the Services, or terminate this Agreement and/or individual Services, where the Customer materially or repeatedly breaches this Agreement, the Terms and Conditions or their annexes (including but not limited to non-payment, abuse of the Services, violation of the use restrictions set out in the Terms and Conditions, or failure to complete required KYC checks). Where the breach is capable of remedy, the Contractor shall give the Customer a reasonable period to remedy the breach (which, for Customers who are consumers, shall be not less than 7 calendar days unless immediate action is required to prevent harm, comply with law or protect third parties). The Contractor may act immediately, without prior notice, where the breach is serious and causes or is likely to cause significant harm, legal liability, security risks or damage to the Contractor's infrastructure, reputation or other Customers. Any suspension, restriction or termination under this clause shall be exercised in accordance with Clause 6.2.11 of the Terms and Conditions;

      • block access to, disable or remove the Customer's content or hosted resources where:

        • the Contractor has received a valid order or request from a competent authority requiring such measures;

        • the Contractor determines, based on reliable information, that the content is manifestly illegal under applicable law; or

        • the content or use of the Services clearly and materially violates this Agreement or the Terms and Conditions (including the use restrictions and prohibited activities set out therein).

        In each case, the Contractor shall act in accordance with applicable law and, where applicable, the notice-and-action and statement-of-reasons requirements of Regulation (EU) 2022/2065 (Digital Services Act). Such measures do not affect the Customer's rights under the GDPR to access, rectify, port or receive a copy of the Customer's personal data held by the Contractor;

      • carry out proportionate technical monitoring, logging and analysis of the Customer's use of the Services and of the Customer's resources hosted on the Contractor's infrastructure, to the extent necessary for:

        • operating, securing and maintaining the Services and the Contractor's infrastructure;

        • detecting and preventing fraud, abuse or security incidents;

        • investigating suspected breaches of this Agreement, the Terms and Conditions or applicable law; or

        • complying with legal obligations or lawful requests from competent authorities.

        Where strictly necessary for such purposes, the Contractor may, with the Customer's prior agreement or, in exceptional circumstances where the Customer is unavailable or unresponsive and immediate action is required to prevent ongoing harm or comply with law, without prior agreement, request temporary access credentials or implement technical access measures in order to investigate and mitigate security incidents or serious violations. The Contractor shall notify the Customer of any such access as soon as reasonably practicable and restore the Customer's exclusive control promptly once the relevant circumstances have been resolved. Any such processing of data shall be carried out in accordance with applicable data protection laws and the Privacy Policy. Nothing in this clause shall be construed as imposing on the Contractor a general obligation to monitor within the meaning of applicable law;

      • request verification of the Customer's identity in accordance with the KYC Customer Verification Policy, including by requesting:

        • a copy or scan of an identification document with the document number and other non-essential data redacted;

        • a photograph of the Customer holding a handwritten statement confirming the Customer's identity and agreement with the terms, together with the Customer's identification document, for identity comparison purposes;

        • proof of address, proof of authorisation to use a payment method, or other documents reasonably necessary for fraud prevention, identity verification or regulatory compliance.

        The processing of such documents shall be carried out in accordance with the Privacy Policy and applicable data protection laws, and the documents shall be transmitted via the secure channels indicated in the Client Area or on the Website;

      • adjust the prices for the Services in accordance with Section 5 of this Agreement. For Services provided on a subscription basis, any price change shall take effect from the next renewal period following the notice period set out in Clause 2.11.1, and the Customer shall have the right to refuse renewal and terminate the affected Services without penalty if the Customer does not agree with the changed price;

      • amend this Agreement and its annexes in accordance with Clause 2.11 of this Agreement, including by publishing the updated text on the Website and notifying the Customer in accordance with Clause 4.1(j). Such amendments shall be subject to the notice periods and, for Customers who are consumers, the termination rights set out therein;

      • promptly restrict, disable access to or remove the Customer's content, in whole or in part, upon receipt of a valid removal order issued by a competent authority of a Member State of the European Union in accordance with Regulation (EU) 2021/784 (Terrorist Content Online Regulation), or upon receipt of other binding orders or instructions requiring such action under applicable law. The Contractor shall act within the time limits set by such laws or orders. Where permitted by law, the Contractor shall inform the Customer of such measures and provide information on the reasons for the measure and available remedies, in accordance with Clause 7 of the Terms and Conditions;

      • decline to commence performance of the Services and refund the Customer (less any actual documented processing costs incurred) where the Contractor has previously notified the Customer that the Contractor does not wish to provide Services to that Customer, regardless of whether the Customer uses the same account, creates a new account, or otherwise attempts to place an Order.

   4. The Customer shall have the right to:

      • receive clear and accurate information about the Services, including their main characteristics, price and applicable terms and conditions, prior to placing an Order, in accordance with applicable consumer protection and e-commerce laws;

      • receive confirmation of each Order and access to invoices and other accounting documents via the Client Area, and, where applicable, via other durable media, in accordance with Clause 3.3 of this Agreement;

      • for Customers who are Consumers within the meaning of Clause 1.10 of this Agreement, withdraw from this Agreement and cancel the relevant Services within 14 (fourteen) calendar days from the date of conclusion of the Agreement, without giving any reason and without incurring any costs other than those expressly provided for in the Refund Policy and applicable law. This right of withdrawal may be exercised only where and to the extent it is available under applicable law and shall be exercised in accordance with the procedure set out in the Refund Policy;

      • exercise the rights granted to data subjects under the GDPR and other applicable data protection laws, including the right to access, rectify, erase, restrict processing, object to processing and receive a copy or portable version of the Customer's personal data, as further described in the Privacy Policy;

      • be notified of material changes to this Agreement, its annexes and the prices for the Services in accordance with Clause 2.11 and Clause 4.1(j), and, for Customers who are Consumers, to terminate this Agreement and the affected Services without penalty before such changes take effect if the Customer does not agree with such changes;

      • modify the scope of the Services ordered under this Agreement, including by upgrading, downgrading, adding or removing individual Services, subject to technical feasibility and to the terms and conditions applicable to such changes (including any price adjustments and billing rules in Section 5 of this Agreement, the Terms and Conditions and the Refund Policy), by submitting a request through the Client Area or other channels specified by the Contractor;

      • contact the Contractor's support team through the Client Area ticket system or other communication channels specified in this Agreement or on the Website for assistance with technical issues, billing enquiries or questions regarding this Agreement and the Services;

      • submit a complaint regarding the Services, invoices or the Contractor's actions or omissions through the Client Area or other channels specified on the Website. The Contractor shall review each complaint and provide a reasoned response in accordance with Clause 4.1(k) of this Agreement;

      • for Customers who are Consumers, submit a complaint or appeal regarding any decision by the Contractor to suspend, restrict or terminate the Services or to remove or disable access to content, in accordance with the internal complaint-handling mechanism described in the Terms and Conditions and, where applicable, Regulation (EU) 2022/2065 (Digital Services Act);

      • exercise any other rights and remedies available under applicable law, including the right to file a complaint with a competent supervisory or consumer protection authority or to seek judicial remedies before the competent courts.

5. Payment for services and procedure of settlements

   1. The price for the Services is determined by the applicable tariffs published on the Contractor's Website and/or in the Client Area and applicable at the time the Customer places the Order. The total amount to be paid by the Customer, including any applicable taxes (including VAT where applicable) and fees, shall be clearly displayed to the Customer during the order process before the Customer confirms the Order and, where required, completes payment.

      Invoices and other accounting documents for the Services are created in accordance with the Customer's Order details and made available to the Customer in the Client Area in accordance with Clause 3.3 of this Agreement. Copies of invoices may also be sent to the Customer's registered email address or via another durable medium as courtesy notifications.

   2. Payment for the Services shall be made in United States dollars (USD) or euros (EUR), as indicated in the Client Area and during the order process and as specified in the invoice. The available currency options may depend on the Customer's location, the selected payment method and the rules of the relevant payment service provider through which payment is processed.

      Where the Customer pays by cryptocurrency or another alternative payment method supported by the Contractor, the provisions of the Refund Policy shall apply to the conversion, valuation and refundability of such payments.

   3. Before placing an Order and making payment, the Customer should review this Agreement, the Terms and Conditions and their annexes as referred to in Section 2 of this Agreement. By placing an Order and paying the invoice, the Customer confirms that the Customer has had the opportunity to review these documents and agrees to be bound by them.

   4. The Contractor's current payment details and available payment methods are specified in the Customer's Client Area and in the invoice made available there and, where applicable, sent by email or another durable medium. The Customer shall use only the payment details and methods indicated as current at the time of payment.

      If the Customer intends to pay an invoice more than 7 (seven) calendar days after its issue date, the Customer is advised to check the Client Area or contact the Contractor to confirm that the payment details remain current, in order to ensure that payment is received and correctly allocated. The Contractor shall not be liable for any delays, misallocations of funds or inability to identify a payment resulting from the Customer using incorrect or outdated payment details or failing to follow the payment instructions in the invoice or to include the required payment reference as described in Clause 5.7 of this Agreement.

   5. Unless otherwise expressly agreed in writing between the Parties, all Services are provided on a prepayment basis and the Customer must pay 100% of the applicable fees in advance before the Services are activated or provided, in accordance with Clause 2.7 of this Agreement. Any exception to this prepayment requirement (including post-paid arrangements, credit terms or instalment plans) shall be valid only if expressly agreed in writing with the Contractor and may be subject to additional terms and conditions.

   6. Subscription renewal and invoice delivery.

      1. Services provided on a subscription basis will be automatically renewed for successive billing periods of the same duration, unless cancelled by the Customer or the Contractor in accordance with this Agreement and Section 3 of the Terms and Conditions, and subject to the conditions for subscription-based Services set out in Section 2.10 of this Agreement.

      2. At least 14 (fourteen) calendar days before each subscription renewal date, the Contractor will publish a renewal invoice in the Customer's Client Area in accordance with Clause 4.1(h) of this Agreement, indicating that the invoice is for subscription renewal, the Services being renewed, the amount due, the renewal date and clear instructions for cancellation if the Customer does not wish to renew.

      3. The Contractor may also send a courtesy notification to the Customer's registered email address or via another durable medium, informing the Customer that a renewal invoice has been issued or that a subscription renewal is approaching. However, the Contractor's notification obligation in respect of subscription renewals is fulfilled by publishing the renewal invoice and/or notice in the Client Area, regardless of the delivery or receipt of any email or other courtesy notification.

      4. The Customer is responsible for regularly checking the Client Area for renewal invoices and notices and for either paying the renewal invoice in order to continue using the Services, or submitting a cancellation request for the relevant subscription in accordance with the cancellation procedure and notice periods set out in Section 3 of the Terms and Conditions and Section 2.10 of this Agreement.

      5. If no cancellation request is received by the cancellation deadline specified in the Terms and Conditions, the subscription is deemed renewed for the next billing period. In such case, payment for the renewed period will be processed automatically where the Customer has created a recurring payment or subscription in accordance with Section 2.10 of this Agreement, or shall be paid manually by the Customer in accordance with the renewal invoice in order to avoid suspension or termination of the Services.

      6. Failure by the Customer to receive, open or read any email or other courtesy notification does not affect the operation of the subscription renewal mechanism, the Customer's payment obligations for an active subscription, or the validity of any automatic renewal carried out in accordance with this Agreement, the Terms and Conditions and the Customer's instructions to the relevant payment service provider.

   7. To enable the Contractor to identify the payer and correctly allocate incoming funds, the Customer shall specify the relevant invoice number as the payment reference when making payments by bank transfer or other manual payment methods. If the Customer fails to include the invoice number or includes an incorrect reference, the Contractor may experience delays in identifying and crediting the payment to the Customer's account, which may result in delays in activation, renewal or continuation of the Services. In such cases, the Customer should contact the Contractor through the Client Area and provide proof of payment within a reasonable time so that the Contractor can manually match the payment to the Customer's account.

   8. Price Indexation

      The prices for the Services are subject to indexation and are determined in accordance with the tariffs published on the Contractor's official Website. For Services provided on a subscription basis, any price change shall take effect only from the next renewal period following the notice period specified in clause 2.11.1 of this Agreement, and the Customer shall have the right to refuse renewal and terminate the affected Services before the price change takes effect, if the Customer does not agree with the changed price, in accordance with clause 4.3(f) of this Agreement and Section 3 of the Terms and Conditions.

      1. For Services purchased by the Customer prior to a price increase and provided on a subscription basis, a mechanism of preferential indexation applies: the cost of such Services shall be set at a level ten percent (10%) lower than the current published price for the same Service, but not lower than the last amount paid by the Customer for that Service. In the event of a price decrease, the cost of Services ordered prior to the change remains unchanged, unless the Contractor decides, at its sole discretion, to apply the lower price to existing subscriptions as well.

      2. Preferential indexation applies exclusively to Services provided under an active subscription, subject to timely payment and uninterrupted renewal (including automatic or manual renewal in accordance with clause 2.10). For one-time or newly ordered Services, the applicable price is the current published price at the time of order placement, unless expressly agreed otherwise in writing.

      3. The Contractor publishes information about price changes in the relevant tariff sections on the official Website. For existing subscription-based Services, the new prices take effect from the next renewal period after the expiry of the notice period under clause 2.11.1. For new orders and upgrades, the published prices apply immediately from the moment of their publication.

      4. The Customer is entitled to request information about the applied indexation and the main reasons for price changes. The Contractor shall provide such information within fourteen (14) calendar days of receipt of the request.

      5. The Customer may refuse subscription renewal if the Customer disagrees with the changed price. Such refusal shall be made in accordance with the cancellation procedure in Section 3 of the Terms and Conditions before the price change takes effect. For Consumers, nothing in this clause 5.8 limits any mandatory statutory rights under applicable consumer protection law.

6. Responsibility of the parties

   1. Renewal of subscription Services and deletion of data

      1. The Customer is responsible for the timely renewal of subscription-based Services and for ensuring payment of renewal invoices in accordance with Section 5.6 of this Agreement and Section 3 of the Terms and Conditions. The Contractor will fulfil its notification obligations regarding subscription renewals by publishing renewal invoices and/or notices in the Customer’s Client Area in accordance with Clauses 4.1(h) and 5.6 of this Agreement.

      2. If, upon expiry of the paid service period, the payment necessary for the renewal of the relevant subscription-based Service (in accordance with the Customer’s Order details) has not been received by the Contractor, the Contractor may suspend the provision of such Service. The Contractor will publish information about the suspension in the Customer's Client Area and, where reasonably practicable, send a courtesy notification to the Customer's registered email address.

      3. If payment is still not received within 14 (fourteen) calendar days after the suspension under Clause 6.1.2, the Contractor shall be entitled to terminate the provision of the affected Service. Upon termination due to non-payment, the Contractor may permanently delete the Customer’s data, settings and other content hosted within the environment of the terminated Service.

      4. Where technically feasible, the Contractor will retain the Customer’s data in a suspended state for at least 14 (fourteen) calendar days following suspension and will not proceed to permanent deletion before the expiry of that period. This Clause does not affect the Contractor’s obligations to retain certain Personal Data and accounting records as described in the Privacy Policy and required under applicable law.

      5. The Customer acknowledges that certain types of content (including, where applicable, proprietary program code or databases owned by the Customer) may be irreversibly lost if the Customer fails to renew the Services or retrieve the data before deletion. The Customer is responsible for maintaining independent and up-to-date backup copies of all such content, as further described in Clause 6.4 of this Agreement and in the Terms and Conditions.

   2. Late payment and consequences

      1. If the Customer fails to pay any invoice (including renewal invoices for subscription-based Services) by the due date specified therein, the Contractor may charge interest on the overdue amount at the statutory interest rate applicable under Estonian law for late payment, calculated from the due date until full payment is received.

      2. The Customer acknowledges that, in addition to interest on arrears, the Contractor may exercise its rights under this Agreement and the Terms and Conditions, including the rights to suspend, restrict or terminate the provision of the Services in accordance with Clause 4.3 of this Agreement and the relevant provisions of the Terms and Conditions.

      3. Any contractual penalties or administrative fees for late payment or recovery of overdue amounts shall apply only where expressly agreed in this Agreement (including Clause 6.2.4 below, where applicable), the Terms and Conditions or a separate written agreement, and only to the extent that such penalties or fees are permitted under applicable law. No contractual penalty for late payment shall apply to Customers who qualify as Consumers where such penalty would be contrary to mandatory consumer protection law.

      4. (Optional – Business Customers only) For Customers who are Business Customers and where expressly indicated in the Order or invoice, the Contractor may charge a fixed late payment fee (for example, up to 5% (five per cent) of the overdue invoice amount) as reasonable compensation for administrative costs associated with managing overdue accounts, in addition to statutory interest. Any such fee shall be clearly disclosed to Business Customers before it becomes applicable and shall be subject to reduction or adjustment by a competent court if found to be excessive under applicable law.

   3. Data recovery from backups

      1. If information has been deleted in accordance with Clause 6.1 and a backup copy containing such information is available, the Customer may request restoration of the data. The Contractor may, at its discretion and on a best-efforts basis, provide a data recovery service, subject to technical feasibility.

      2. As of the last update of this Agreement, the fee for data recovery from a backup is 30 (thirty) euros per restoration request. The Contractor may change this fee from time to time by publishing a notice in the “Announcements” section on the Contractor’s Website and/or in the Client Area. The updated fee shall apply to data recovery requests submitted after the effective date indicated in such notice.

      3. The Contractor does not guarantee that any backup exists, that it contains the Customer’s data at a specific point in time, or that recovery will be successful. Any data recovery is performed strictly on a best-efforts basis and does not affect the Customer’s obligations under Clause 6.4 of this Agreement and the Terms and Conditions.

   4. No guarantee of backups; Customer’s backup obligations

      1. The Contractor does not guarantee the creation, availability, integrity or completeness of backup copies of the Customer’s data and is not responsible for the absence of any backup copy or for the absence of a backup copy corresponding to a particular point in time in which the Customer is interested.

      2. The Customer is solely responsible for maintaining adequate, secure and up-to-date backup copies of all data stored or processed using the Services, regardless of whether the Contractor provides any backup tools or facilities. This obligation is further described in the Terms and Conditions, including but not limited to Clause 6.2.4 and related provisions.

   5. Customer’s responsibility for third-party relationships

      1. The Customer solely bears responsibility under any and all agreements or arrangements with third parties that are partially or fully performed using the Services provided by the Contractor, including but not limited to resale of the Services, provision of hosting or IT services to the Customer’s own clients or use of the Services as part of the Customer’s business processes.

      2. The Contractor is not a party to such agreements and shall not be liable to any third party for non-performance, defective performance or termination of such agreements.

      3. (Business Customers only) Business Customers shall indemnify and hold the Contractor harmless from any claims by third parties arising out of or in connection with the Business Customer's use of the Services, except where such claims arise directly from the Contractor's intentional misconduct or mandatory statutory liability.

      4. For Customers who qualify as Consumers, this Clause 6.5 shall not require the Consumer to bear costs or liabilities arising from circumstances outside the Consumer's reasonable control or from the Contractor's own fault and shall apply only to the extent permitted by mandatory consumer protection law.

   6. Customer’s equipment and networks

      1. The Contractor is not liable for any failure, interruption, degradation or improper performance of the Services to the extent that such issues are caused by the inadequate technical condition, configuration or performance of the equipment, software or networks used by the Customer, or by any other circumstances falling outside the Contractor’s reasonable control, including those described in Clause 6.1.16 (force majeure) and other limitation of liability provisions of Section 6.1 of the Terms and Conditions.

   7. Suspension and termination for breach

      1. The Contractor’s rights to suspend, restrict or terminate the provision of the Services in the event of a breach by the Customer (including non-payment, abuse of the Services or violation of use restrictions) are governed by Clause 4.3 of this Agreement and Clause 6.2.11 of the Terms and Conditions. Any such suspension, restriction or termination shall be implemented in a proportionate manner and, where applicable, in accordance with the rights of Consumers and the notice and remedy periods described therein.

      2. Nothing in this Clause 6.7 limits the Contractor’s right to take immediate measures without prior notice where such measures are necessary to comply with applicable law, a binding order of a competent authority or to prevent or mitigate serious harm, legal liability, security incidents or damage to the Contractor’s infrastructure, reputation or other customers.

   8. Confidentiality and data protection

      1. The Contractor’s obligations regarding the confidentiality of information relating to the Customer and the processing of Personal Data are set out in Clause 4.1(d) of this Agreement and in the Privacy Policy, which forms an integral part of this Agreement.

      2. The Contractor will not disclose the Customer’s Personal Data or other confidential information to third parties except as permitted by the Privacy Policy and applicable law, including where such disclosure is:

         • required by applicable law or a binding order of a competent authority;

         • necessary for the performance of this Agreement or the provision of the Services; or

         • otherwise described in and permitted by the Privacy Policy.

   9. Customer’s responsibility for account activity

      1. The Customer is responsible for all activities carried out through the Customer’s account and use of the Services, including any actions performed by the Customer’s employees, contractors, end users or other persons to whom the Customer has granted access. The Customer is also responsible for activities performed by persons who gain access using the Customer's authentication credentials, unless such access resulted from a security breach on the Contractor's side or from circumstances outside the Customer's reasonable control and without the Customer's fault.

      2. The Customer shall maintain the confidentiality and security of its authentication credentials and shall promptly notify the Contractor of any suspected unauthorised access, compromise of credentials or security incidents related to the Services. The Customer shall ensure that all persons to whom it grants access to the Services comply with this Agreement and the Terms and Conditions.

   10. Third-party infrastructure and connectivity

       1. The Contractor is not responsible for the quality, capacity or availability of any public or third-party communication lines or services (including Internet access services, telephone networks, data centre utilities and other telecommunications or infrastructure services) and shall not be liable for any interruptions, delays, failures or degradation of the Services caused by such third-party networks, services or by the Customer’s own equipment or networks.

   11. Blocking and removal of content

       1. The Contractor may block access to, disable or remove the Customer’s content or hosted resources where this is done in accordance with Clause 4.3(c) of this Agreement and Section 7 of the Terms and Conditions, including:

          • upon receipt of a valid removal order or request from a competent authority;

          • where the Contractor determines, based on reliable information, that the content is manifestly illegal under applicable law; or

          • where the content or use of the Services clearly and materially violates this Agreement or the Terms and Conditions (including the use restrictions and prohibited activities set out therein).

       2. In taking such measures, the Contractor shall act in accordance with applicable law, including, where applicable, the notice-and-action and statement-of-reasons requirements under Regulation (EU) 2022/2065 (Digital Services Act) and the procedures under Regulation (EU) 2021/784 (Terrorist Content Online Regulation), as further described in Section 7 of the Terms and Conditions.

   12. Liability for blocking and removal of content

       1. The Contractor shall not be liable for any loss or damage suffered by the Customer solely as a result of lawful blocking, removal or disabling of access to the Customer's content or hosted resources where such measures are taken in good faith and in accordance with this Agreement, the Terms and Conditions and applicable law (including valid orders from competent authorities). If the Customer believes that any blocking, removal or disabling was wrongful, the Customer may submit a complaint in accordance with Clause 7.7 of the Terms and Conditions.

       2. Nothing in this Clause 6.12 excludes or limits the Contractor’s liability for intentional misconduct or, where such limitation is not permitted under mandatory law, for gross negligence or for any other liability which cannot be excluded or limited under applicable consumer protection or other mandatory laws. For Customers who qualify as Consumers, this Clause 6.12 shall apply only to the extent permitted by mandatory consumer protection law and without prejudice to any statutory rights or remedies available to Consumers.

7. Term and Termination

   1. Commencement of the Agreement

      This Agreement enters into force upon its conclusion in accordance with Section 2 of this Agreement. The specific commencement date, duration and renewal terms for each Service are determined by the Customer's Order and the applicable provisions of Sections 3 and 5 of this Agreement and Section 3 of the Terms and Conditions.

      For Customers who qualify as Consumers, this Clause 7.1 does not limit any mandatory rights under applicable consumer protection law, including the statutory right of withdrawal as described in the Refund Policy.

   2. Duration and termination of the Agreement and Services

      1. This Agreement remains in force from the moment specified in Clause 7.1 until it is terminated in accordance with its terms and applicable law. Individual Services provided under this Agreement may be cancelled, expire or be terminated without automatically terminating this Agreement as a whole.

      2. This Agreement and/or individual Services may be terminated or cancelled, inter alia:

         • by the Customer exercising a statutory right of withdrawal (where applicable) in accordance with the Refund Policy and Clause 4.4(c) of this Agreement;

         • by the Customer cancelling a subscription-based Service in accordance with Section 3 of the Terms and Conditions and the applicable notice periods;

         • by the Contractor suspending, restricting or terminating the provision of the Services for non-payment, material breach of this Agreement or the Terms and Conditions, violation of applicable law, failure to complete required verification procedures under the KYC Customer Verification Policy, or on other grounds set out in Clauses 4.3 and 6.1 of this Agreement and Clause 6.2.11 of the Terms and Conditions;

         • upon expiry of the paid service period without renewal, in accordance with Section 6 of this Agreement;

         • by the Contractor for convenience, by giving the Customer at least 30 (thirty) calendar days' prior notice via the Client Area and/or to the Customer's registered email address. In such case, the Contractor shall refund any prepaid fees for the period after the effective date of termination of the affected Services, except where the termination is made in connection with a breach of this Agreement or the Terms and Conditions by the Customer; or

         • by mutual agreement of the Parties or on any other grounds provided by applicable law.

      3. Upon termination of this Agreement or any individual Service, the consequences set out in this Agreement, the Terms and Conditions, the Refund Policy and the Privacy Policy shall apply, including, in particular, Clauses 6.1 and 6.4 of this Agreement (data deletion and backups), the provisions on data retention and deletion in the Privacy Policy, and the provisions on refunds and withdrawals in the Refund Policy.

      4. Termination of this Agreement or any Service, for any reason, shall not affect any rights, obligations or liabilities of either Party that have accrued prior to the effective date of termination or which by their nature are intended to survive termination, including, without limitation, provisions relating to payment obligations, confidentiality, data protection, intellectual property, limitation of liability, applicable law and dispute resolution.

8. Force Majeure

   1. Relief from liability

      1. Neither Party shall be liable for any failure or delay in the performance of its non-monetary obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond that Party's reasonable control ("Force Majeure").

      2. Force Majeure events include, but are not limited to, the events and circumstances described in Clause 6.1.16 of the Terms and Conditions, as well as natural disasters, fire, flood, earthquake, storm, war, armed conflict, terrorism, riot, civil commotion, epidemics or pandemics, acts or omissions of governmental or regulatory authorities, strikes, lock-outs or other industrial action not involving the affected Party's own employees, failures or interruptions of utility services, power supply, telecommunications or networks, and other similar events, provided that such events directly and substantially affect the performance of this Agreement.

      3. The performance of the affected non-monetary obligations shall be suspended for the duration of the Force Majeure event and shall resume as soon as reasonably practicable after the cessation of the event, taking into account any commercially reasonable mitigation measures taken by the affected Party.

   2. Notification of Force Majeure

      1. A Party affected by a Force Majeure event shall notify the other Party without undue delay and, where reasonably possible, within 5 (five) calendar days after becoming aware of the event. The affected Party shall also notify the other Party when the Force Majeure event has ceased.

      2. Notifications under this Clause 8.2 shall be provided via the Client Area and/or to the registered email address of the other Party, in accordance with the communication provisions of this Agreement.

      3. Failure to provide timely notification does not deprive the affected Party of the right to rely on Force Majeure under this Clause 8, but the affected Party shall be liable for any additional loss or damage suffered by the other Party that is directly caused by such failure to notify.

   3. Prolonged Force Majeure

      1. If a Force Majeure event continues for more than 30 (thirty) consecutive calendar days and substantially prevents the performance of the affected Services, either Party may terminate the affected Services and, if substantially all Services are affected, this Agreement, by giving notice to the other Party in accordance with the communication provisions of this Agreement.

      2. In the event of termination under Clause 8.3.1:

         • the Customer shall pay for the Services actually provided up to the effective date of termination; and

         • the Contractor shall refund any prepaid fees for the period after the effective date of termination of the affected Services.

      3. Termination under this Clause 8.3 shall not affect any rights, obligations or liabilities of either Party that have accrued prior to the effective date of termination or which by their nature are intended to survive termination, including, without limitation, those described in Clause 7.2.4 of this Agreement.

9. Applicable Law and Dispute Resolution

   1. Governing Law

      1. This Agreement and its Annexes, as well as any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to any conflict-of-law rules that would result in the application of the laws of any other jurisdiction.

      2. If the Customer qualifies as a Consumer within the meaning of Clause 1.10 of this Agreement and is habitually resident in a Member State of the European Union, mandatory consumer protection rules of the law of that Member State may apply in addition to Estonian law to the extent required by applicable EU and national legislation. Nothing in this Agreement shall be interpreted as depriving such Consumer of the protection afforded by such mandatory rules.

   2. Jurisdiction and Venue

      1. Subject to Clause 9.2.2, any disputes, claims or controversies arising out of or in connection with this Agreement, including its existence, validity, performance, termination or interpretation, shall be brought exclusively before the courts of the Republic of Estonia. This includes Customers who qualify as Consumers but are not habitually resident in a Member State of the European Union. The Parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Estonia and waive any objection to such courts on the grounds of inconvenient forum or similar doctrine.

      2. If the Customer qualifies as a Consumer within the meaning of Clause 1.10 of this Agreement and is habitually resident in a Member State of the European Union, mandatory rules of EU law and applicable national law on jurisdiction in consumer matters may grant the Consumer the right to bring proceedings before the courts of the Member State of the Consumer’s habitual residence. In such case, Clause 9.2.1 shall apply only to the extent consistent with those mandatory rules. Nothing in this Agreement shall be interpreted as limiting or excluding any such mandatory rights of Consumers.

      3. Nothing in this Clause 9 prevents either Party from applying for interim, protective or conservatory measures before any court of competent jurisdiction.

   3. Internal Complaint Handling and Amicable Resolution

      1. In the event of any question, complaint or potential dispute relating to the Services, the Customer shall first contact the Contractor’s support service using the contact details provided on the Website and shall cooperate in good faith with the Contractor in order to resolve the issue informally.

      2. If the Parties are unable to resolve the matter through such informal communications, either Party may initiate an amicable dispute resolution procedure by sending a written notice to the other Party describing the nature of the dispute and, where possible, proposing a resolution. If no resolution is reached within thirty (30) calendar days from the date of such notice, either Party may initiate court proceedings in accordance with Clause 9.2.

      3. For Customers who qualify as Consumers within the meaning of Clause 1.10 of this Agreement, the procedures described in Clauses 9.3.1 and 9.3.2 are voluntary and do not prevent the Consumer from bringing proceedings before a competent court or from submitting a complaint to a competent consumer protection or supervisory authority at any time, in accordance with mandatory provisions of applicable law.

   4. Place of Service Management

      The Contractor is incorporated and established in the Republic of Estonia. The contractual relationship between the Parties is managed and administered from Estonia, and the Services are managed, controlled and operated from Estonia, regardless of the physical location of the Resources. This supports the application of Estonian law and the jurisdiction of Estonian courts as set out in Clauses 9.1 and 9.2.

   5. Survival

      This Section 9 shall survive the termination or expiry of this Agreement and shall continue to apply to any disputes, claims or controversies arising out of or in connection with this Agreement.