SIGNING OF THE CONTRACT
- Person authorised to enter into the agreement – User
The individual authorised to enter into the Agreement for our services may be a legal or physical person. A person who enters a contract on behalf of a legal entity must be authorised to do so; if this is not the case, the individual assumes full responsibility for all consequences.
If the Service User is a physical person, that person must be of legal age to be legally capable of entering into a Contract and, per the Consumer Protection Act, have consumer status.
Each User is required, upon 8Core's request, to provide evidence proving legal capacity or authorization to enter into the Agreement.
The e-mail address (further: the Administrator's e-mail address) used to enter into this Agreement must not be associated with the contracted service. The User guarantees that correspondence will be possible with the Administrator's e-mail address for the duration of the contract. If the Administrator's email address changes, the User is required to notify 8Core through the Administrator's original email address.
2. Information required for the conclusion of the Agreement
The IT association 8Core reserves the right to request the following information from the User to finalise the Agreement: name and surname, address, e-mail address from which the service was ordered, which is considered the Administrator e-mail address of the actual owner of the service, OIB, phone number, and, if the User is a legal entity, a contact person for correspondence.
The User consents to the use of his personal information in accordance with the Personal Data Protection Act by entering his information on the 8Core IT Association's website to order a service.
The User guarantees that all provided information is accurate, complete, and current. The User is required to refresh his user interface with any data changes so that 8Core has the current information required to provide services. If user information is obsolete or incorrect, services may be deactivated.
3. Options for Agreement Execution and Payment
When the User completes the order and makes payment on 8Core's website, the contract is considered final. If the User has requested specialised services, an offer for those services will be delivered, and a visible payment will constitute a legally enforceable contract. On the user interface, special services and their costs will be displayed.
Users can pay for ordered services via payment to the 8Core IT Association's business account, online card payment, or PayPal. Payment must be received within eight days of the order confirmation; after this time, the transaction or offer will be deemed invalid.
4.Activation of Services
8Core guarantees that the User's ordered and paid-for service will be activated within two business days of 8Core's confirmation that the funds have been deposited. Unless otherwise stipulated in a distinct contract, payment in full for services is made in advance.
The User will receive access information to the administrative email address, and the purchased package will be created automatically. The User will access the ordered package through their user interface on the 8Core pages.
In the case of domain transfers or other actions requiring additional time that
are independent of 8Core, this deadline may be extended for justifiable
reasons. In such instances, 8Core is not liable for any damage that may be
incurred by the User.
Access data are confidential, the User is obligated to keep them confidential and only share them with those who have a legitimate need to know them. In the event of misuse of access data, 8Core is not liable, and the User is required to notify 8Core immediately so that steps can be taken to prevent further misuse.
Access login information can be changed at any time by the user; however, they should adhere to the most recent standards to reduce the likelihood of unauthorised use. 8Core can change login information upon the User's request, which must be sent through the administrative address.
6.Duration, extension, and expiration of the contract
The duration of each contracted service will be displayed on the user interface, and it is the User's responsibility to renew the desired service in a timely manner. Several weeks in advance of the expiration of a particular service, 8Core will automatically send an email to the Administrative email address. If such a notification does not reach the User's inbox, the User is responsible for ensuring that all deactivated services are reactivated in a timely manner.
The minimum duration for the hosting service is six months, and the maximum is one year. The minimum activation period for a domain is 1 year, and the maximum is 5 years. The shortest rental period for an SSL certificate is one year. The duration of all other contracted services is displayed on the user interface and in the Contract for each service.
If the User pays for a particular service within 30 days of its expiration, the contract is deemed extended. The expiration date, not the payment date, will be used to extend the service.
In the event of a written cancellation of the service for any reason, the User may request a refund of funds paid within fourteen days of the service's activation. The refund excludes domain registration fees paid to authorised registrars and SSL certificate rental fees.
If the User fails to make a timely payment to extend the services, the User will be considered to have terminated the services. 8Core reserves the right to suspend previously utilised services promptly. All data will be stored by 8Core for 30 days, after which 8Core reserves the right to delete all account-related data. The User agrees that 8Core has the right to charge the User for any backup claims in such a scenario.
8Core reserves the right to deny a request for the provision of services in the following circumstances:
- When the User fails to provide accurate identification information, i.e., when the User lacks the legal capacity to enter into a contract,
- In the event of a reasonable suspicion that the User intends to abuse the services or will enable a third party to abuse the services
- Suspicion that the use of the service will compromise the stability of other Users' services
- If the User is over-indebted and/or unable to pay
- Any other charges that 8Core deems appropriate
SERVICES PROVIDED BY 8CORE
1. Hosting Services
The 8Core hosting services that can be rented are listed on our website. It is possible to rent a variety of shared and VPS hosting packages. If the user has specific requirements, he can contract a customised hosting service, the details of which will be displayed in the offer and subsequently on the user interface.
If the User has leased a shared hosting package, he is required to adhere to the space's allocated resources. Certain plans permit the use of multiple domains; however, the User is required to ensure that all domains share the total hosting limit.
8Core provides hosting on the Linux platform, with the CWP PRO panel serving as the management interface.
8Core reserves the right to monitor the use of its services and take appropriate action if the use of resources could cause harm to other users, the network, or the servers. If 8Core believes that the User is endangering the server by posting illegal content, sending spam, or generating excessive use of server resources, we reserve the right to suspend or irreversibly delete the User's account without the possibility of compensation.
If the leased service is exceeded, the User will be notified and given seven days to restore the resource consumption within the leased package. 8Core reserves the right to disable service access following the expiration of this period. 8Core is not responsible for any resulting damages. The User may, if he so chooses, rent a larger package to accommodate his usage requirements.
Switching to a lesser package is only possible within the first 30 days of the contract's commencement with a refund of the difference; thereafter, switching is permitted without a refund of the difference.
If the user's website was unavailable less than 99.50% of the time during the previous complete year of the lease, 8Core will add the following amount to the user's account:
- 10% of the annual fee for contracted hosting services in the event of service availability from 97.00% to 99.49% of the time in that year
- 25% of the annual fee for contracted hosting services in the event of service availability from 96.00% to 96.99% of the time in that year
- 50% of the annual fee for contracted hosting services in the event of service availability from 95.00% to 95.99% of the time in that year
- 100% of the annual fee for contracted hosting services in the event of service availability of 94.99% or less in that year
Cases that are not included in the service outage duration
The user acknowledges that he is not entitled to a refund if the service is unavailable due to:
- War, uprising, sabotage, armed conflict, embargo, fire, flood, strike, or other disruption in work, actions of any government body, interruption or delay of transport services, unavailability of telecommunications services or services provided by third parties, brute force attacks, viruses, or hacking, malfunctioning of third-party software (e.g., CWP, WH energy for equipment operation, the supply of apparatus required to provide hosting services, etc.)
- Users are unable to access the 8Core network, unless caused by 8Core.
- Announced and exceptional maintenance and upgrade efforts for hardware and software components.
- DNS issues outside of 8Core Services' purview
- Access issues with FTP, POP, IMAP, or SMTP services
- Omissions or actions of the User or of a third party employed or authorised by the User (e.g., by creating scripts or custom coding), whether intentional or negligent, using contracted services in violation of these Terms of Service, and similar actions
- The delivery and transmission of electronic correspondence
- Through the promotion of DNS (name servers)
- Problems elsewhere on the Internet, such as browser cache, that prevent the User from accessing his account.
2. Domain registration, registration extension, and domain transfer
By accepting these Terms of Service, the User confirms that he is comfortable with the top domain registry's rules and agrees to abide by them.
Registration and extension of domain registration involve the service of obtaining a domain from the appropriate registry as well as the duration to which the service applies. The minimum lease term for a domain on behalf of the User is one year.
Transferring a domain involves altering the domain registrar that manages the domain's registration information.
After payment and registration, the domain name cannot be modified.
8Core is not liable if the paid domain is occupied by a third party between the order and payment or if there are difficulties with the API connection to registries that check whether the ordered domain is available.
If the User fails to renew his domain on time, 8Core is not liable for any potential loss of ownership. Additionally, 8Core cannot be held liable for the User's eventual loss of the domain by the registrar for any reason, including violation of the domain's terms of service (spam or other unlawful actions).
Prior to the domain's lease expiration, it is crucial to renew the domain! The user is responsible for this and must also be aware that 8Core cannot be held liable for the increased cost of renewing a domain following the expiration of the lease term. Registries place domains that are not renewed on time into a dormant state before they can be leased again. If the User persists in renewing a dormant domain, the prices are multiplied, which is dependent on the authorised registries and not 8Core. 8Core is merely a middleman that modifies prices to match those of authorised registries.
3.Lease and extension of SSL certificate
At the User's request, 8Core will acquire one of the SSL certificates available on the 8Core website from authorised SSL certificate publishers. The minimum contract term is one year, and the SSL certificate installation service is not included.
No refunds are available for SSL certificates, as 8Core merely acts as an intermediary in their issuance.
4.Developing a website
A distinct Agreement governs the development of a website. In the absence of such an Agreement, the Offer for the development of the website is considered a valid Agreement if it is accepted by the User and the funds for the development of the website are paid in accordance with the Offer.
All 8Core's and the User's obligations will be outlined in the Offer. It will also include website development deadlines.
According to the Offer/Agreement, the User is required to deliver all necessary materials for the development of the website within the allotted time frame, with the delivery time depending on the materials delivered. Example: If the agreed-upon deadline for production is 30 working days from the delivery of the materials, the deadline begins when ALL the materials are received through the user interface.
It is necessary to submit ALL materials for the website's development to fulfil the deadlines!
4. Server and/or website maintenance
8Core offers the option of maintaining the leased server or website for a charge specified in the maintenance offer, at the User's request. The offer will specify what the offered service includes, and by accepting the offer and making payment, the User confirms his acceptance of the offer, which becomes the maintenance Agreement. In the offer, the duration of the service is specified.
It is also possible to request one-time maintenance, which is billed per hour, and the price per hour will be included in the Offer for one-time maintenance. We will estimate the number of hours required to provide a quality service based on the client's requirements and our understanding of the problem.
5. Data storage services (Back-up)
On his CWP interface, each User can take the necessary steps to assure a backup of his data on his server. The user is responsible for storing this information. User can also store data in a remote location.
8Core periodically creates backup copies of the server's content and data. The backups are made available to the User as a gesture of benevolence; however, 8Core cannot guarantee the accuracy of the content and data on the backup copy. The user agrees that 8Core is never liable for the loss or corruption of content or data uploaded to the server, nor in the event of hard disc failure or similar circumstances.
If the User desires, he can, for a fee, arrange for a remote backup of his data to ensure its accessibility in the event of a server failure. This option can be selected during the service contracting process.
6. Free customer support
8Core provides the User with complimentary customer support for the duration of the service lease in the event of problems with the operation of e-mail and the website caused by server-side errors.
Free support is available for:
- Setting up webmail and identifying issues with it
- Setting up and troubleshooting the interface for controlling hosting services
- FTP management configuration and troubleshooting
- Domain management configuration and issue detection
- DNS administration configuration and troubleshooting
- Setting up and identifying issues with website access
By sending a request via the user interface on the 8Core website, the user can request free customer help for the reasons listed above on weekdays between 07:00 and 15:00 Croatian time. 8Core commits to answering all questions as soon as possible, but no later than 24 hours after receiving them.
While 8Core will make every effort to resolve any issues as quickly as possible, the User acknowledges that the speed at which his questions and issues are resolved largely depends on the accuracy of the data the User sends to support, as well as the nature of the issue at hand and its specific details.
What is excluded from free customer service
Any issues with the operation of the User's web sites, email, or other services from the contracted service that are not caused by a server-side error are not covered by free customer assistance. These issues may arise from the user's unprofessional editing of web pages or from errors committed by the user when using the hosting interface. Setting up, identifying, and resolving issues with the functionality of third-party programs, apps, and software (such as Outlook, Thunderbird, Joomla, WordPress, applications for smartphones, etc.).
If the User wants assistance with any of the issues mentioned above, 8Core staff members will make every effort to accommodate the request, but only after the User accepts an offer from 8Core for a predetermined cost. The user confirms that he agrees with all the statements made here.
1. Liability of 8Core
1.1. 8Core performs contractual services in accordance with the standards of professional and high-quality service delivery. 8Core makes every effort to keep the leased service accessible around the clock. Sudden interruptions in the power supply, broken links, or unforeseeable hardware malfunctions are not 8Core's fault. 8Core will make every effort to fix the flaw as quickly as possible.
1.2. 8Core disclaims any liability for any damage, whether direct or indirect, resulting from the use of the service or any programmes stored on the server, damage resulting from force majeure or other uncontrollable circumstances, and damage resulting from the inability to use a service.
1.3. 8Core disclaims any liability for incorrect, unreliable, or incomplete data or instructions provided by the User, as well as for delays or failures in providing such information.
1.4. Once each day, 8Core does an automatic backup of all data. We can provide access to this information at the User's request and for a charge. Security storage is a unique service that the User can purchase and use. The security of the User's own data is exclusively their responsibility.
1.5. 8Core makes no guarantees regarding the security of data transmitted over the leased or user-provided server over the Internet. The User has access to SSL encryption, which is provided by 8Core, as well as additional security services for the website and the leased server, to ensure secure data transfer.
1.6. 8Core is dedicated to using all reasonable efforts to guarantee that email messages are delivered promptly and accurately to the appropriate address. However, the user acknowledges that 8Core is not liable for the non-receipt, non-delivery, or diversion of email communications, nor is it liable for email system errors.
1.7. Except in the case that such data is required by competent authorities owing to criminal activities or the substance of the communications themselves, 8Core agrees to treat the User's email messages as confidential data.
1.9. If 8Core is responsible for any kind of damage the User gets because of these Terms of Service, that damage can't be more than twice the annual fee for the hired services.
1.10. 8Core reserves the right to report to the appropriate authorities or third parties any User activity that it believes violates applicable laws or regulations. 8Core reserves the right to forward User data, including but not limited to: User data, IP addresses, traffic and website content data, e-mail communications, and the like, to any state or competent authority upon request.
1.11. 8Core reserves the right to provide complimentary hosting services at its own discretion. These terms of service apply to Users of free hosting services as well.
2. The Service User's Responsibilities
2.1. The user declares that he will use all services in accordance with the laws of the Republic of Croatia, Internet conduct standards, and these Terms of Service.
2.2. The User agrees to use the services in accordance with the agreement and to maintain the leased space and the content located on the User's server. Any excessive use of resources or damage to infrastructure or other users is strictly prohibited and may result in the immediate, without warning, termination of service.
2.3. The user agrees that no web hosting account will exceed the following limits:
- 5 percent of the processor for more than an hour without interruption
- 5 percent of working memory for an uninterrupted period of over an hour- 5 percent of network I/O resources for more than an hour without interruption
- One thousand objects per directory (excludes subdirectories)
- Ten simultaneous FTP service connections
- 100 simultaneous HTTP service connections
- 25 simultaneous connections to the SQL service or more than 10% of the SQL database's disc quota
- 25 simultaneous POP# or SMTP service connections
- 5 Mbit/s upload capacity for an uninterrupted period of more than one hour
2.4 The user warrants that the contents of the leased server space are not harmful to any copyright or other third-party rights. The user warrants and agrees that his space will not contain offensive content, pornography, hacking-related programmes and instructions, gambling-related instructions, or invitations to engage in unlawful activities.
2.5 The user warrants that he will not use server access to harm 8Core, the server, or other users who share server space. The user warrants that he will not use the leased resources to conduct cyber attacks, look for security flaws in the system, or conduct research with the intent of disclosing confidential information about the server to third parties, as well as any other actions that violate the Terms of Service.
2.6.It is strictly prohibited to send SPAM messages (advertisements), fraudulent messages, and chain letters. According to these Terms of Service, such conduct will result in a temporary or permanent suspension of the service. 8Core is required to notify the User of its intention to limit service usage, after which the User has 24 hours to cease the aforementioned activities. In the event of a virus that causes the sending of illegal and/or excessive e-mails without the user's knowledge, the service may be temporally restricted until the user removes the virus and secures his server.
2.7 The User acknowledges that 8core is not liable for the security of the User's received or sent e-mail messages.
2.8 The user will routinely pay the fee for the services by the due date specified on the offer or invoice for the requested services, in accordance with the 8Core website's current pricing list for services. If the User does not pay the service fee within the agreed-upon time frame, the service will be suspended temporarily or permanently.
2.9. The user agrees to submit all queries for support exclusively through their user interface's ticketing system.
2.10 The User agrees to abide by the norms of polite behaviour and refrain from using foul language, insults, and other unacceptable forms of expression when communicating with customer support staff. In such a scenario, 8Core reserves the right to reject the customer support request and take no action in response. In such a situation, 8Core reserves the right to terminate the contract to the User's detriment.
2.11. By accepting these Terms of Service, the User agrees to assume entire responsibility for any compensation claims if he violates these Terms of Service. If 8Core pays third parties’ compensation for these reasons, the User agrees to reimburse 8Core for that amount.
2.12. The user agrees that hosting services cannot be used to store data and content. All content and data must be accessible to visitors via the Internet and must be downloadable via websites. If the User requires space for data storage, he or she can contract Cloud data storage and ascertain the amount of space required.
3. Content migration from the hosting account of a different service provider
If the User requests the migration of his content and data from his hosting account to another service provider, 8Core employees will do their best to comply. The user acknowledges and agrees that the migration is an act of benevolence on the part of 8Core and that 8Core cannot guarantee that the migration will be performed at a specific time.
Each service provider has a unique method of operation and configuration of services, which in some cases renders migration impossible or extremely difficult, preventing 8Core employees from completing the migration.
If migration is possible, the service is provided at no cost within 30 days of service activation if the hosting account with the previous service provider has a cPanel or CWP user interface. 8Core reserves the right, in addition to the offer previously sent to the User, to charge for the migration if an alternative interface is used or if none exists. If the User submits a migration request after the 30-day period has expired, 8Core will also send a service offer.
4.Competence necessary to use hosting services
The user acknowledges that using hosting services requires a certain level of IT knowledge, as well as other knowledge related to the use of protocols, Internet languages, and similar concepts. By entering into this agreement, the User affirms that he possesses the knowledge required to use these services or that a qualified third party will perform the necessary actions on his behalf.
The User agrees that neither 8Core nor the user support personnel are obligated to provide free training. If the User lacks the required expertise, he may request an offer from 8Core for the provision of such services for an additional charge, which 8Core is not required to provide.
5. Content management system
The user confirms that he is aware that open-source content management systems, such as WordPress, Joomla, Drupal, etc., and websites created in such systems are significantly more vulnerable and susceptible to hijacking than custom-built systems. The hacker community has access to these systems and is conversant with both their code and security vulnerabilities. Typically, the result is a change in the website's appearance, a website crash, data theft or spamming by the website proprietor, and similar occurrences.
In order to reduce hacker attacks to a reasonable level, the User agrees to regularly update his website with the most recent version of the selected system, to regularly update all extensions and plugins to the most recent versions, and to remove any unused plugins. The user agrees to implement additional security measures to reduce the system's vulnerability. The user agrees to review his account on a regular basis in order to monitor the possibility of unauthorised access to contents and data, and in the event of such access, he is required to promptly notify 8Core.
The User agrees that 8Core reserves the right to temporarily disable services in the event of a malicious attack on the User's account if the User allows his open source system to remain unpatched and without additional protection. If he fails to do so within 7 days, 8Core reserves the right to delete his account permanently. This also applies to repetitive failures to update the system and implement additional security measures.
The user is aware that 8Core is in no way liable for hacking websites utilising an open source content management system or for hacking websites or applications caused by a malfunction in the system, website, or application itself.
1. Submission of consumer complaints
Users who qualify as consumers under Article 10 of the Croatian Law on Consumer Protection may file a written complaint about the quality of services provided by 8Core at the following address:
- Address of 8Core's headquarters: 8Core Association, Grgin Dol 46, 34000 Pozega
-Through the User's interface
Within 15 days of receiving the complaint, 8Core will deliver the written response to the User via his user interface or by mail.
2. Termination of the Agreement
3. Jurisdiction in case of dispute
Disputes between the User and 8Core shall be amicably resolved. If this is not achievable, the court with jurisdiction over disputes is in Pozega.
The User acknowledges that 8Core reserves the right to modify these Terms of Service, as well as the GDPR and the Privacy Statement, at any time. New versions will be available on the 8Core webpages, and the User agrees to verify the content frequently.
5. Effectiveness and application of the Terms of Service
These Terms of Service and any amendments or modifications to them shall become effective on the date of publication on the 8Core website. They apply to all Users who concluded a contract with 8Core on or after that date, as well as Users who did not notify 8Core within 8 days of the publication of the new or amended Terms of Service that they were terminating the contract.
The final amendment becomes effective on:18.05.2023.