- Used Terms
1.1. In the General Terms and Agreements with the User, the following terms are used in the following meaning:
1.1.1. Domain service – a service that includes registration of the User’s domain name or mediation services with possible additional services.
1.1.2. Special conditions – these are standard special conditions that apply to a specific service.
1.1.4. Price list – a document available on the Hoster Expert website (www.hosterexpert.ee) that provides information about service prices.
1.1.5. Hoster Expert – a company registered under the registration number 12646701, whose contact details are visible on the website (www.hosterexpert.ee).
1.1.6. Individual agreement – a special agreement that may deviate from the General and Special Terms and the Price List in content.
1.1.7. Personal data – User data that is available to Hoster Expert (User name, personal identification code, date of birth, identification document data), contact information (User address, contact details, email address) and service usage data (service usage volume and history, User payment behavior).
1.1.8. Environment – a platform that Hoster Expert uses for providing and administering services, which is available through the website (www.hosterexpert.ee).
1.1.9. User – a natural or legal person who has an account in the Environment and who has entered into a User Agreement. Users are divided into individual and multi-users (the agreement is concluded with one person who has designated several persons with different levels of access as direct users of the service). The prerequisite for obtaining user status is being of legal age for natural persons and the absence of debts to Hoster Expert for both natural and legal persons.
1.1.10. UCR – User Conduct Rules
1.1.11. User Agreement – an agreement between Hoster Expert and the User that gives the right to use the Environment.
1.1.12. Documents related to the Agreement – these are the General Terms and Conditions, Special Terms and Conditions, Price List, and all annexes to the agreement.
1.1.13. Party – this is the User or Hoster Expert.
1.1.14. Server Service – a service that provides the User with server resources along with possible additional services such as the use of email addresses, software, etc.
1.1.15. Consumer – a natural person User to whom legal exceptions for consumers apply.
1.1.16. Service – any service that Hoster Expert provides.
1.1.17. Service Agreement – a specific agreement for each service separately that is the basis for Hoster Expert’s service provision. The Agreement deals with the specific terms and conditions of using Hoster Expert’s specific service and other relevant conditions.
1.1.18. Service Provider – Hoster Expert
1.1.19. TAC – Terms of Acceptable Use (see point 11).
1.1.20. Website – Hoster Expert’s website on the internet at https://hosterexpert.ee.
1.1.21. Authorized User – a physical person nominated by the legal entity User with user-side administrative rights.
1.1.22. General Terms and Conditions – these are the collection of general terms and conditions applicable to all services provided by Hoster Expert.
1.2. In case any term in the General Terms and Conditions and contracts is undefined, it is used in the meaning established by the applicable legislation for the respective service. If the legislation does not define a specific meaning, the term is interpreted according to its commonly understood meaning. This is done to ensure clarity and understanding of the contractual terms and to avoid misunderstandings and ambiguously interpreted words.
- User agreement
2.1. Under the User Agreement, the User has the right to use the Environment, order services, and manage them by entering into respective Service Agreements. The User may appoint a third party as an Authorized User or as a technical administrator of the services, while remaining responsible as a Party for the actions of the Authorized User or technical administrator.
2.2. When entering into the Agreement, the User agrees to comply with the general terms and conditions applicable to the Environment’s users.
2.3. A natural person User must use the Environment, including entering into and terminating agreements, personally. In the case of a legal person User, their statutory representatives fulfill the same task. The User undertakes not to act as an intermediary or allow third parties access to the Environment (except if a third party is designated as a user in agreement with Hoster Expert) and not to disclose their authentication codes to third parties. Hoster Expert undertakes not to disclose the authentication codes provided to the User to third parties.
2.4. The User Agreement is also subject to the provisions of the General Terms and Conditions regulating service provision agreements. This means that the same rules and conditions that apply to other service provision agreements also govern the User Agreement.
- Contracting
3.1. Contracts are concluded electronically. The User Agreement is concluded through the … available on the Hoster Expert homepage. Service agreements and contract amendments (including amendments to the User Agreement) are concluded in the Environment.
3.2. Hoster Expert concludes contracts in Estonian, English, and Russian. In the application and resolution of disputes, the Estonian text is considered authoritative.
3.3. The conclusion of the User Agreement with the User is a prerequisite for ordering services from Hoster Expert.
3.4. When ordering a service, the contractual terms are presented to the User for review. If the User agrees to these terms by confirming their review (button “Confirm Order”) in the Environment, it is considered that the User has accepted these terms. The contract enters into force from the moment the User pays the first invoice received from Hoster Expert.
3.5. When placing a Service Order, the User is presented with the Documents associated with the Service Agreement for review. If the User confirms the order, it is considered that they agree to the terms of these Documents. The contract is deemed concluded from the moment Hoster Expert sends the relevant message to the User’s email address.
3.6. Hoster Expert must respond to its approval or refusal proposal within fourteen (14) calendar days.
3.7. After reviewing the proposal for concluding the Agreement, Hoster Expert sends a notification to the User by e-mail, informing them of their acceptance or refusal of the proposal. In the case of a contract concluded with the User, Hoster Expert also sends authentication codes necessary for using the Environment.
3.8. Hoster Expert has the right to refuse the conclusion of any contract if the other party has violated the terms and conditions for using the services provided by Hoster Expert or third parties or good faith internet usage practice. Hoster Expert may also refuse to provide the service for any other justified reason.
3.9. The User may terminate the contract concluded online by suspending the service in the self-service portal. If the User terminates the service and requests a refund for the unpaid amount of the service fee (the amount paid minus the amount paid for the days of using the service), the amount will be refunded as soon as possible, but no later than 30 days after Hoster Expert receives the notice of termination of the contract.
3.9.1. A natural person User may withdraw from the online contract within fourteen (14) calendar days from the conclusion of the contract by notifying the abandonment of the service in the self-service portal. The right of withdrawal from the contract does not apply if Hoster Expert has already started providing the service and the User has actually consumed the service before the expiration of the right of withdrawal from the contract, and the User confirmed that he waives the right to withdraw from the contract when Hoster Expert starts fulfilling its contractual obligations.
3.10. If the User decides to use the Service before the expiration of the right of withdrawal from the contract and withdraws from the contract only thereafter, he must compensate Hoster Expert for reasonable costs in accordance with §1033 (1) and (2) of the Law of Obligations Act.
3.11. In the event of cancellation of the contract, the amount paid by the User shall be refunded immediately, but no later than 14 days from the receipt of the withdrawal notice by the Service Provider, to the extent that it exceeds the costs incurred by Hoster Expert.
- Parties’ confirmations upon entering into the agreement
4.1. The Parties confirm that:
4.1.1. They have the necessary legal capacity and ability to act, they are not subject to bankruptcy, reorganization, or liquidation proceedings, and they have not received a bankruptcy warning. In the case of a legal entity, there has been no decision on its termination;
4.1.2. The representatives of the Parties have all the necessary rights and powers to enter into and perform the agreements, and the conclusion and performance of the agreements on behalf of the Parties does not conflict with any laws, court decisions, or other legal relationships;
4.1.3. The Parties have the necessary means to fulfill the obligations arising from the agreement.
4.2. The Parties are obliged to inform each other without delay of any changes in the circumstances described in clause 4.1, and thus of the non-compliance of the confirmation with the actual situation.
4.3. The User confirms that:
4.3.1. Before entering into the agreement, they have carefully read all the terms of the agreement (including general and specific conditions of the service, general terms and conditions, and the price list), understand them, and are aware of the rights and obligations arising from the agreement;
4.3.2. All the information provided by them upon entering into the agreement is true;
4.3.3. They understand that, in addition to the service provider, third parties may also rely on the accuracy of this information, and providing false information may result in sanctions against both the User and Hoster Expert;
4.3.4. The User understands that, due to the nature of the services, providing a completely faultless service to them is impossible.
4.4. The aforementioned confirmations are deemed given upon the conclusion of all necessary documents for entering into the Agreement (including the agreement with the User and subsequent service provision agreements).
- Document Management
5.1. The General Terms and Conditions apply to all documents.
5.2. In addition to the General Terms and Conditions, each specific service may have its own Specific Terms and Conditions, which specify the rules for the provision of the service compared to the General Terms and Conditions. The General and Specific Terms and Conditions form part of the respective service provision agreement.
5.3. Each specific service has technical parameters that are determined when the service is ordered. Technical parameters are part of the corresponding service provision agreement.
5.4. All documents related to agreements concluded with the User are kept and available to the User in the Environment.
5.5. In the performance and interpretation of the agreements, the documents of the Agreement are considered as a necessary and comprehensive collection of documents for the provision of the respective service. If the documents are in conflict with each other, the following sequence is followed in their interpretation (starting with the most important):
5.5.1. Individual agreements between the Parties;
5.5.2. Technical parameters of the service;
5.5.3. Price list;
5.5.4. Specific Terms and Conditions;
5.5.5. General Terms and Conditions;
5.5.6. User Agreement.
- General principles of service provision, changing the content of the service and suspending the provision of the service
- General terms
6.1. Hoster Expert provides electronic services. To order, manage, and use services, internet connection is necessary for both parties. Hoster Expert does not provide internet connection to Users.
6.2. Hoster Expert makes all reasonable efforts to ensure the reliability of the services. In case the User encounters any problems while using the services, the User must immediately inform Hoster Expert. In this case, the User must provide a description of the problem and any other important information known to them about the problem, in addition to identifying themselves.
6.3. Hoster Expert makes all reasonable efforts to ensure that the User has 24-hour access to the services. The service provider will eliminate any obstacles that impede the use of the services within their scope of responsibility within the deadlines specified in the contract and that do not depend on the User.
6.4. Hoster Expert informs the User of any circumstances that may prevent the use of the services, including technical interruptions in communication channels, at least forty-eight (48) hours in advance.
6.5. Hoster Expert offers its Users various services and forms of support in accordance with the Special Terms and Conditions applicable to each specific service.
6.6. The User is entitled to use the service according to their wishes and needs, based on the purpose of using the service. The User must use the services in accordance with the Contract Documents, legislation (including intellectual property rights legislation), and good practice.
6.7. Hoster Expert does not monitor the User’s activities in using the services or bear responsibility for their compliance with applicable legislation. However, in the event that Hoster Expert receives information that the User violates the rights of third parties in using the service, Hoster Expert has the right to temporarily suspend the provision of services to the User. In the event of disputes related to such violations, Hoster Expert has the right to suspend the provision of services until the dispute is fully resolved between the User and the third party.
6.8. The User is provided access to the services according to the technical parameters of the ordered package. The User has the option to order additional resources if necessary. If the User does not follow the technical parameters (for example, uses too much server resource), Hoster Expert will make a proposal within one (1) week to bring resource usage to the level specified in the Contract. If the User does not comply with this proposal, Hoster Expert may charge an additional fee for exceeding the agreed resource volume limit according to the Price List. In case of subsequent breaches of the Contract terms, Hoster Expert may charge additional fees without giving the User a deadline to remedy the breach.
6.9. Hoster Expert continuously improves its Services and has the right to change their usage principles, including the technologies and software used to provide the Services, by notifying the User in advance. Changes may be due to technological developments, changes in legislation, or security considerations.
6.10. Based on its aim to keep its Services modern and competitive, Hoster Expert has the right to make changes to the principles of using the Services (including changing the technologies and software used), the conditions of providing the Services, and the Price List. Changes may be caused by changes in legislation and security issues, among other reasons. Relevant information will be published in the Environment at least thirty (30) days before the new Price List comes into effect.
6.11. In case the User is a Consumer and the Service does not comply with the terms set out in the Agreement, the User has the right to use legal remedies provided by law.
- Restriction and Suspension of Service Provision
6.12. Hoster Expert has the right to suspend the provision of the Services without warning if the User violates the terms of acceptable behavior for users (AB).
6.13. Hoster Expert has the right to suspend or restrict the provision of the Services without warning if the User uses the Service in a way that disrupts the normal functioning of the communication network, technical systems, and server performance.
6.14. Hoster Expert has the right to suspend or limit the provision of Services if the User violates the terms of the agreement, for example, if the User does not pay the invoice by the specified date or delays payment for more than five (5) days, notifying the User in advance by email at least five (5) days before. In case the provision of Services is suspended on the above grounds, Hoster Expert is entitled to demand from the User an additional fee for resuming the Services in accordance with the current Price List at the time of resumption.
6.15. Hoster Expert reserves the unilateral right to limit or suspend the provision of Services if such circumstances are beyond its control, for example, a cyber attack against the User, which may cause serious interruptions in the provision of Services to other Hoster Expert Users and if there are no opportunities to mitigate such consequences with measures that are less burdensome for the User.
- Specifics of using additional resources
6.16. Hoster Expert may offer the User the opportunity to increase the resources associated with the Service (such as the amount of disk space used) for a limited period of time.
6.16.1. Ordering additional resources takes place through the Platform. The User determines the parameters of the additional resources themselves and is responsible for their suitability and compliance with their needs.
6.16.2. The User pays for the additional resource according to the Price List or an individual agreement. If the User cancels the use of the additional resource before the agreed deadline, they must still pay the full amount for it.
6.16.3. When using the additional resource, the User undertakes to release the corresponding resource by the deadline set. If the User fails to fulfill this obligation, the additional resource agreement becomes open-ended, and the User is required to continue paying for the additional resource.
6.16.4. If the additional resource agreement becomes open-ended, the fee for it is calculated on a daily basis. The cost of one day is calculated by dividing the cost of the shortest period set by Hoster Expert for that particular additional resource by the number of days in that period.
6.16.5. If the additional resource agreement becomes indefinite, the User must give an order in the Platform to terminate it. Giving an order is only possible if the additional resource has been released. When giving an order, the agreement on using the additional resource is terminated immediately, and from the next day onwards, the User no longer has to pay for it.
6.16.6. When the Service is suspended or terminated, the User loses access to their data. When the Service ends, the data is deleted, and its recovery may be impossible.
- Maintenance. Elimination of Failures.
6.17.1. Hoster Expert performs systematic technical maintenance to ensure the stability of the service. Hoster Expert informs the User of planned maintenance and optimization work that may disrupt the normal use of the service at least three (3) calendar days in advance. Such planned work is always carried out outside working hours. In emergency situations, Hoster Expert has the right to perform maintenance work and make setting changes at any other time without prior notice to the User.
6.17.2. Hoster Expert resolves service issues within a reasonable time but no later than two (2) hours if the problem significantly affects the operation of the service. Less critical errors, such as deficiencies in the user interface functionality, are resolved as quickly as possible, usually within 1 working day, unless resolving such issues requires the intervention of a software developer or error correction.
6.17.3. Hoster Expert regularly creates backups of User materials, including permanent off-site replication in a cloud service, but does not guarantee the preservation of materials. The User must create backups of this data at sufficient intervals and keep them outside the Hoster Expert network.
6.17.4. Hoster Expert does not create server backups or guarantee data preservation in case of any errors. The User is obliged to regularly create backups of their data and keep them in a separate location.
6.17.5. For clients who have signed a maintenance agreement, Hoster Expert periodically updates software and provides telephone and email advice and support.
- General rights and obligations of the Parties
- Hoster Expert’s rights and obligations
7.1. Eliminate the obstacles within their responsibility that hinder the use of Services and do not depend on the User, in accordance with the deadlines provided in the agreement.
7.2. Notify the User at least forty-eight (48) hours in advance of any expected circumstances that may hinder the use of Services, including technical interruptions in communication channels.
7.3. In case the provision of Services is suspended or terminated, Hoster Expert has the right to terminate the User’s access to the Service and control over it. All data will be deleted upon the termination of the provision of Services, and their restoration may be impossible.
- User’s rights and obligations
7.3. The User may use the Service according to their needs and preferences, based on its purpose. The User agrees to use the Services in accordance with the UDP, laws and regulations, good practices, and customs.
7.4. The User is obliged to:
7.4.1. Pay for the services received from Hoster Expert on the deadlines indicated on the invoices issued;
7.4.2. Inform Hoster Expert of identified failures, interruptions, and network malfunctions via a statement submitted through the User’s account or by email to support@hosterexpert.ee;
7.4.3. Not use the Service in a way that disrupts the normal functioning of communication channels, technical systems, and server performance.
7.4.4. To update contact information if necessary through the User Portal.
7.4.5. To timely update the server operating system and installed applications to prevent potential security issues.
7.5. The User shall pay the subscription fee for the period during which the provision of the Service was limited or suspended in accordance with clauses 6.12 to 6.14 of the General Terms and Conditions. The User agrees to use the Services within the technical parameters of the ordered package, and if necessary, order additional service/resource that meets their needs. In case of insufficient technical parameters (e.g. exceeding the agreed data volume), Hoster Expert offers the User the opportunity to bring the service usage in line with the agreement within one (1) week. If the requirement is not fulfilled, the User will be charged an additional fee for the use of the resources as specified in the agreement, provided it is stipulated in the price list. In case of repeated violations, Hoster Expert will charge the additional fee without giving time to remedy the violation.
- Payment for services. Invoicing. Changes to the price list.
8.1. The User undertakes to pay for the services ordered from Hoster Expert, unless the service is free. The price of the services is indicated in the price list.
8.2. Hoster Expert will invoice the User for all services provided during the billing period. The invoice is issued from the activation of the service in the User Portal, regardless of whether the service is actually used by the User or not.
8.3. The price list may provide for discounts for Users who pay for services in advance in a certain amount. The discount applies if the User does not refuse to use the services for which the prepayment was made before the entire prepayment is used, except in cases where this is related to a breach of the contract by Hoster Expert.
8.4. The prices indicated in the price list include VAT according to the applicable rate, but do not include other taxes or additional invoices. The User’s obligation to pay for the services arises from the moment of ordering the service, regardless of whether the User uses the service or not. The price of the service may depend on the extent of its use.
8.5. The User is obliged to pay for the services provided by Hoster Expert according to the price list available on Hoster Expert’s website. Payment is made in advance. In case the contract is terminated at the initiative of Hoster Expert or due to a breach of obligations by Hoster Expert, the User is entitled to a refund of the prepayment amount for the period after the termination of the contract. The User bears the costs (including bank fees) related to the refund of the prepayment.
8.6. Payment for services can be made in different ways provided by Hoster Expert. A complete list of acceptable payment methods is available on the Hoster Expert website.
8.7. If the user has sufficient credit with Hoster Expert (prepayment), the amount invoiced may be offset against it. In the case of payment by bank transfer, the invoice is considered paid after the amount payable is received in Hoster Expert’s bank account. In other cases, payment is considered made after receiving accurate information from third-party service providers who made the payment.
8.8. Invoices for services rendered are sent to the user by email and are also available in the Hoster Expert environment.
8.9. The user undertakes to immediately notify Hoster Expert of any incorrect or defective billing.
8.10. The user is obliged to inform the service provider during normal business hours if the invoice has not been received, or to download the invoice from the Hoster Expert environment. Late or missing invoices do not release the user from the obligation to pay for services on time.
8.11. The user is obliged to pay for services according to the terms specified on the invoice. In case of late payment, Hoster Expert has the right to demand from the user a penalty of 0.05% per day until the invoice is fully paid.
8.12. Interruptions in service provision do not release the user from the obligation to pay for services, except as otherwise agreed by the Parties.
8.13. The user bears the costs associated with the collection of overdue payments.
- Data processing.
9.1. Hoster Expert undertakes to process the personal data of the User – physical and legal persons and Authorized users in accordance with the requirements of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council). The methods and legal grounds for the processing of personal data are described in the Privacy Policy.
9.2. The representative of a legal person as a User confirms that they have the right to transfer to Hoster Expert and keep up to date the personal data provided during the conclusion and performance of the Contract, as well as in the course of performing the Contract, in case of changes to the representative or contact person(s), and in case a physical person related to them requests the deletion or restriction of their data processing.
9.3. Hoster Expert processes the personal data of the User, Authorized user or their legal representative and contact person on the basis of legal and contractual obligations without separate consent. Prior consent to the processing of personal data is presumed if such data is used for marketing purposes.
9.4. Hoster Expert is allowed to involve authorized processors in the processing of personal data, who ensure the implementation of adequate technical and organizational measures to ensure the processing of the User’s data in accordance with the requirements of relevant legislation and to ensure the protection of the rights of data subjects. Hoster Expert’s list of authorized processors is published on the website under the name “Authorized processors”.
9.5. Hoster Expert has the right to transmit or process personal data outside the European Union/European Economic Area if there is an agreement that contains standard terms for the protection of personal data according to the General Data Protection Regulation, applicable guidelines, certification, etc., and if the level of data protection required is ensured in the destination country according to the decision of the European Commission.
- Privacy.
10.1. The Parties undertake to maintain the confidentiality of any information relating to the other Party, including trade secrets, which has become known to them during the conclusion and performance of contracts, and the disclosure of which may in any way damage the other party, except for information intended for the public, is generally known, cannot be confidential by its nature or is required to be transmitted to a third party on the basis of a legitimate requirement arising from a legal act.
10.2. The obligation of confidentiality applies without limitation even after the termination of the Agreement.
10.3. The user is the responsible owner of the information technology resources (files, databases, emails, etc.) stored and processed in the Hoster Expert infrastructure. The security level of the user’s information technology resources is confidential. Access to information by Hoster Expert employees is allowed only for the performance of their duties based on the user’s written instruction or for the purpose of ensuring the availability, integrity, and security of the service and for preventing greater damage.
10.4. Hoster Expert has no basis to determine whether the User’s information technology resources contain personal data, and therefore Hoster Expert treats all information technology resources as potentially containing personal data and considers the User’s agreement as a written agreement entered into between the User as the responsible processor and Hoster Expert as the authorized processor within the meaning of the European Parliament and Council (EU) 2016/679 General Data Protection Regulation (Article 28).
10.5. Hoster Expert provides assistance to the User in fulfilling the obligations related to the choice of an authorized processor by publishing its information security management principles on the website and clearly defining the limits of responsibility between Hoster Expert and the User for each service. The User’s participation in conducting an audit and implementing security measures as the responsible personal data processor using unspecified methodologies in general or specific conditions takes place with mutual consent. Hoster Expert has the right to demand additional fees for the provision of these services.
10.6. Typically, Hoster Expert provides server services within the European Union/European Economic Area, and when ordering the service, the User can choose the corresponding usage zone. The transfer of the service to a zone subject to another jurisdiction takes place only on the basis of the User’s written instruction.
10.7. In case Hoster Expert discovers or suspects a violation of security requirements related to the User’s information technology resources, which may lead to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to information technology resources, it shall immediately notify the User.
10.8. If a competent authority requests Hoster Expert to conduct an investigation or audit, Hoster Expert will immediately inform the User, unless such notification is prohibited by law.
- Parties’ liability
11.1. Each Party is liable for any damage resulting from the breach of obligations that may have arisen under the Agreement. This includes damage that may have occurred to a third party who uses the Service or Environment on behalf of the Party.
11.2. If claims are directed against Hoster Expert due to one Party’s illegal actions (e.g., non-fulfillment of obligations to a third party), the respective Party must compensate Hoster Expert for the damage caused.
11.3. Hoster Expert is liable for any direct material damage that may occur to the User as a result of breaches of obligations arising from the Agreements. Hoster Expert is only liable if the breach is intentional or due to gross negligence on the part of Hoster Expert. Hoster Expert’s liability is limited in accordance with the respective Agreement, General or Special Service Conditions, except in cases where the damage was caused by intentional or gross negligence.
11.4. Hoster Expert is not liable for any damage caused to the User in connection with:
11.4.1. power supply interruptions that do not depend on Hoster Expert;
11.4.2. communication disruptions or technical problems that are not under Hoster Expert’s control, including failures of lines belonging to data transmission service providers;
11.4.3. communication disruptions or technical problems arising in cases referred to in General Terms and Conditions sections 6.12 to 6.14 and in violation of the requirements set forth in sections 7.4.2 and 7.4.3.
11.4.4. Violation of the General and/or Special Conditions and/or KKR by the User;
11.4.5. for inaccurate or unlawful information provided by the User or third parties, including the public, through Hoster Expert’s services;
11.4.6. for server overloads caused by third parties and/or problems related to possible interruptions, cyberattacks (including attacks that hinder the use of the service, such as DoS and DDoS attacks);
11.4.7. for the spread of computer viruses;
11.4.8. for the incompatibility of the service with the User’s needs.
11.4.9. for the User’s actions or inactions in server management, including the content of materials stored and published on the server or materials sent from its email addresses during the use of the email service;
11.5. The User is responsible for:
11.5.1. fulfilling the obligations imposed on them by the Agreement;
11.5.2. creating email accounts, using reliable passwords, and preventing the transfer of passwords to third parties.
11.6. If non-performance or insufficient performance of the Agreement is due to circumstances that the Parties could not have foreseen or were unable to foresee at the time of concluding the Agreement (force majeure), this is not considered a breach of obligations by the Parties. The Party whose performance of obligations was hindered due to force majeure must immediately notify the other Party.
11.7. Non-performance or improper performance of the Agreement does not entail liability for the Party if the corresponding behavior resulted inevitably from the fulfillment of their legal obligations.
- Notifications.
12.1. All legally significant notifications between the parties must be submitted in a written, reproducible form. They are considered delivered to the other party one (1) working day after their sending. Notifications intended for the User will also be sent to the authorized representative (if any) for technical administration.
12.2. Hoster Expert’s contact information is available on the Hoster Expert’s website (www.hosterexpert.ee). If one of the parties provides Hoster Expert with their contact information (e.g., name, address, phone number, email address, etc.), it will be displayed in the environment. If a party’s contact information changes, they must promptly notify Hoster Expert in a written, reproducible form. The party may also enter the corresponding changes in the environment themselves, in which case the notification obligation is considered fulfilled.
- Contract term, its amendment, and termination
13.1. Hoster Expert may offer both fixed-term and indefinite-term services. The User Agreement is concluded for an indefinite period.
13.2. If an indefinite-term contract is concluded, the minimum duration requirement does not apply, unless otherwise agreed in the Service Agreement. If it is a fixed-term contract, the contract expires at the end of its term.
13.3. Hoster Expert has the right to unilaterally make changes to all contract-related documents and inform Users at least thirty (30) calendar days in advance. Hoster Expert exercises the right to make changes to contract-related documents mainly when it is necessary due to legal regulations (including changes in the balance of contractual obligations), case law, technology and economic development, and technological and organizational changes in Hoster Expert’s operations.
13.4. If the User does not agree to changes in the Service or Agreement (including the price list), they have the right to withdraw from the Agreement by notifying the other party two (2) weeks in advance, unless the changes are beneficial to the other party. If Hoster Expert does not notify of price list changes at least thirty (30) calendar days before their entry into force, the User may withdraw from the Agreement if the changes negatively affect them in relation to the ordered Services, and the Agreement terminates immediately before the amended price list comes into effect.
13.5. Unless otherwise provided in the Agreement (including the general or special terms of the Service), either party may withdraw from the Agreement without giving reasons by notifying the other party thirty (30) calendar days in advance. If the Service is time-limited, the User may withdraw from the Service under the respective Agreement, but in such a case, Hoster Expert will refund the amount already paid, deducting the fee for the actually used resources.
13.6. Hoster Expert has the right to withdraw from any time-limited Agreement with reasonable notice if Hoster Expert no longer has the opportunity to provide the relevant Service or Resource in the future.
13.7. Hoster Expert has the right to terminate the agreement with the User without prior notice within three (3) months after the end of the term of the last service provision agreement for any reason, except if the User is a technical administrator for some User services.
13.8. Hoster Expert has the right to unilaterally terminate the agreement without prior notice, informing the other party if the other party significantly breaches the terms of the agreement. Such a breach may be related to the delay in fulfilling financial obligations for more than one (1) month or the violation of the requirements set out in the agreement in terms of legislative acts or contract terms, if the other party does not immediately cease the violation upon receipt of a relevant demand from Hoster Expert. If the violation is so severe that Hoster Expert can no longer expect the contract to be fulfilled by the other party (e.g., intentional actions to damage the Services), Hoster Expert may also terminate the agreement without prior notice.
13.9. Upon the termination of the User Agreement, all Service Agreements related to it also terminate. The User thereby loses the right and opportunity to use Hoster Expert services or be the technical administrator for any User services.
- Applicable Law. Jurisdiction. Limitation
14.1. The Republic of Estonia’s laws apply to the Agreements.
14.2. Disputes arising from the Agreements shall be resolved by agreement between the parties. If the parties cannot reach an agreement, the dispute shall be resolved in the Harju County Court. Consumer Users have the right to submit a complaint to the consumer disputes commission under the conditions and procedures established by the Consumer Protection Act.
14.3. The limitation period for claims arising under the Agreement is one (1) year.
