Terms & Conditions

1.1 Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information and data shared during the consultation process.

1.2 Limitation of Liability

We'll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, Webnestify s.r.o. can't guarantee that end user or service providers' work will be error-free, and so we can't be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages.

1.3 Governing Law

These terms and the provision of our services will be governed by and construed in accordance with the laws of the Slovak Republic.

1.4 Disputes

Any disputes arising from these terms or the provision of services will be settled through mediation in the Slovak Republic, Bratislava jurisdiction.

1.5 Force Majeure

Neither Party shall be held liable for delays, errors, damages, or other problems caused by events or circumstances which are unforeseen or beyond such Party's reasonable control.

1.6 Miscellaneous

This Agreement and any applicable Work Order sets forth the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior negotiations, agreements, representations, understandings, and commitments with respect thereto.

1.7 Refunds & Cancellation

All payments to Webnestify s.r.o. are refundable within fourteen (14) days of the first payment, and only for services. This does not include one-time setup fees, consultation services, or charges for extra overages.

Cancellation requests must, and may only, be submitted via our ticketing system at crm.webnestify.cloud. All fees paid for service up to the notice of cancellation are non-refundable.

Cancellation requests are not accepted through phone, email, fax, or any other method besides opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorised account holder may cancel the account. All past-due invoices must be paid before a cancellation request may be processed.

Customers wishing to cancel their service with Webnestify s.r.o. must submit notice of cancellation ten (10) days prior to their next billing date. If notice of cancellation is not submitted at least ten (10) days prior to the next billing date, the customer is responsible for payment of the next billing period.

Disk space overages

Customer agrees that advertised disk space allowances represent the sum of the storage included in the package price. Customer agrees that storage usage that exceeds the allowance shall be billed at 0.065€ per GB per month.

Bandwidth overages

Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances. Customer agrees that incoming and outgoing bandwidth usage that exceeds the allowance shall be billed at 1.5€ per TB per month.

Term

The term of this Agreement shall begin upon the date the package is purchased and made available to the customer and shall be for one (1) month, and shall renew for successive one (1) month terms until terminated by either Party.

1.8 Payments

Payment processing

All payments are processed through Stripe, an established payment processing platform. For customers in European Union (EU) countries, we offer the option of SEPA payments, subject to prior agreement.

Subscription payments

Our subscription services are billed on a monthly basis. Alternate billing cycles can be arranged, but this requires a separate agreement between the customer and Webnestify s.r.o.

Failed payment and notification

In the event of a failed payment, our Customer Relationship Management (CRM) system will automatically send an email notification to the customer. We acknowledge that payment issues can occasionally occur.

Grace period for payment resolution

Customers will be granted a grace period of seven (7) days from the notification date to rectify any payment failures. This is to provide ample time for our customers to manage their payments without immediate disruption to their subscribed services.

Service suspension

If the payment is not made within seven (7) days of the first notification, the customer's services will be suspended for a period of 72 hours. This temporary suspension is a measure to remind and encourage prompt resolution of the payment issue.

Service cancellation and outstanding payments

Should the payment issue remain unresolved after the 72-hour suspension period, the customer's services will be cancelled. The customer will then be obligated to settle any remaining payments owed to Webnestify s.r.o. This is to ensure fairness and the maintenance of service standards for all customers. A 25% late fee will be applied for customers who are significantly overdue with payments for management services.

1.9 Agreement to Terms

By purchasing services or products from Webnestify s.r.o., the customer agrees to adhere to these terms and conditions, alongside any other agreements that have been mutually agreed upon.

1.10 Pricing and VAT Terms

Pricing visibility

Customers can review the pricing for all available services and products offered by Webnestify s.r.o. on our designated pricing page. This ensures transparency and allows customers to make informed decisions.

Prices excluding VAT

All prices listed on the pricing page are exclusive of Value Added Tax (VAT). This is to provide clear and upfront information about the base cost of our services and products.

VAT for non-business customers in the EEA

For non-business customers located within the European Economic Area (EEA), a standard VAT rate of 23% applies to all purchases. This additional charge will be clearly itemised during the billing process.

VAT exemption for business customers in the EEA

Business customers operating within the EEA are not subject to VAT charges on their purchases from Webnestify s.r.o., provided they have a valid VAT ID. This exemption is in accordance with VAT regulations applicable within the EEA.

VAT ID verification

To qualify for VAT exemption, business customers are required to provide a valid VAT ID at the time of purchase. Webnestify s.r.o. will verify the VAT ID to confirm eligibility for the exemption.

Responsibility for accurate information

It is the responsibility of the customer to provide accurate and current information regarding their VAT status. Webnestify s.r.o. reserves the right to apply VAT charges appropriately based on the information provided by the customer.

Pricing for custom services

In addition to our standard services and products, Webnestify s.r.o. offers custom services tailored to the specific needs of our customers. The pricing for these custom services is not listed on the standard pricing page.

Custom pricing agreements

The cost for custom services will be determined on a case-by-case basis. This is due to the unique nature of each custom service, which may involve specific requirements, resources, and timeframes.

Consultation and quotation

Prior to the purchase of any custom service, Webnestify s.r.o. will engage in a thorough consultation with the customer to understand their specific needs and requirements. Following this, a detailed quotation will be provided, outlining the scope of the service and the associated costs.

Customer approval of custom service pricing

No custom service will be initiated without the explicit approval of the pricing and terms by the customer. This ensures complete transparency and agreement on the service to be provided and the charges to be incurred.

Flexibility and negotiation

We understand that each customer's needs are unique, and we are committed to providing flexible solutions. Customers are encouraged to discuss their budget and requirements during the consultation phase, so that a mutually agreeable solution can be reached.

2.1 Provided Services

Webnestify s.r.o. agrees to provide the client with managed server services, including server maintenance and monitoring, security patches, and backups, as outlined in the proposal. Webnestify s.r.o. does not offer management services for servers rented outside Webnestify s.r.o., unless agreed otherwise. A waiver will be applied to managed services for servers rented outside Webnestify s.r.o.

2.2 Exclusions

Our managed services exclude the following:

• Web application management
• SMTP server

2.3 Technical Support

Webnestify s.r.o. endeavours to maintain 99.9% uptime on our servers, measured annually.

There may of course be times when the server will not be available; this can be scheduled or unscheduled.

Scheduled downtime is when we know it is going to happen and tell you about it in advance. Scheduled downtime will, wherever possible, take place outside of normal office hours. We'll do our work in the evening or at the weekend to minimise the impact on your business.

There may be very rare occasions when we need to restart the server during normal office hours and it is not possible to inform you beforehand. We don't make these decisions lightly, and if this happens we apologise.

Unscheduled downtime is when the server stops without us knowing it is going to stop. From time to time things go wrong with the hardware and will be fixed as soon as possible after being reported. We will do everything we can to ensure that your website is available 99.9% of the time. If we fall short of this, we'll come and talk to you about it.

Webnestify s.r.o. can't guarantee that service providers' work will be error-free, and so we can't be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages.

2.4 Security

Webnestify s.r.o. commits to employing reasonable and appropriate security measures. However, the client agrees that absolute security cannot be guaranteed.

The following measures are implemented with each managed service from Webnestify s.r.o.:

• Anti-DDoS protection and a hardware firewall in front of your instance
• Port 22 publicly closed; only listens for a specified IP address upon request
• Ubuntu Pro or KernelCare
• GDPR compliant
• 24/7 monitoring
• Daily security updates
• Redundant server backups

2.4.1 WordPress or Webapp Responsibility

Webnestify's liability: Webnestify expressly disclaims any responsibility for websites that become infected, compromised, or hacked. In the event that a website is found to be engaged in malicious activities, Webnestify reserves the right to either clean up the site or remove it entirely from our hosting environment. The service charge for such cleanup efforts will vary depending on the type of malware detected, with prices starting from €150.

Customer responsibilities: It is the sole responsibility of the customer to ensure that all plugins and software associated with their website are kept up-to-date and secured against potential malware infections. Neglecting to update plugins in a timely manner increases the risk of security vulnerabilities and malware infections.

Managed WordPress service: Customers who have subscribed to Webnestify's Managed WordPress Service will not be held accountable for issues stemming from outdated plugins. Moreover, should a website managed under this service become infected, Webnestify will address the malware issue without any additional service fee.

By using Webnestify's services, customers acknowledge their responsibility to secure all administrator accounts associated with their website, as part of broader efforts to safeguard their online presence from unauthorised access and potential security threats.

2.4.2 WordPress or Webapp Account Security and Password Policy

Mandatory strong passwords: To enhance the security of all websites hosted by Webnestify, customers are required to use strong passwords for all administrator accounts. A strong password must meet the following criteria:

• A minimum of 8 characters in length
• Contains at least one uppercase letter
• Contains at least one lowercase letter
• Includes at least one number
• Includes at least one special character (e.g. !, @, #, $, %)

Responsibility for account security: Customers are solely responsible for maintaining the confidentiality of their account passwords. Webnestify will not be liable for any loss or damage arising from the customer's failure to comply with this security obligation.

Password management: Customers are encouraged to regularly change their passwords and to use a unique password for each administrator account. The use of password managers is recommended to help maintain strong, unique passwords for enhanced security.

By using Webnestify's services, customers acknowledge and agree to these terms, understanding their responsibilities and the limits of Webnestify's liability in relation to the security and maintenance of their websites.

2.4.3 Termination of Services Due to Security Negligence

Right to discontinue services: Webnestify reserves the right to discontinue providing services to any customer who is found to be negligent in maintaining the security of their website. This includes, but is not limited to, repeated failure to update software and plugins, refusal to implement strong passwords as per our Account Security and Password Policy, and ignoring Webnestify's warnings regarding security vulnerabilities.

Prior warnings and remedial actions: Before discontinuing services, Webnestify will provide the customer with at least one formal warning, detailing the security concerns and recommended actions to remedy the situation. Customers will be given a reasonable timeframe to address these concerns.

Consequences of service termination: If, after the warning period, the customer continues to neglect their website's security, Webnestify may terminate the hosting services. Termination of services will result in the website being taken offline and all related data being inaccessible. Webnestify will not be liable for any loss or damage arising from the termination of services due to security negligence.

Reinstatement: Customers whose services have been terminated due to security negligence may be eligible for reinstatement at Webnestify's discretion, contingent upon proof of remedial actions taken to secure the website and a commitment to adhere to Webnestify's security policies.

By using Webnestify's services, customers acknowledge and agree to these terms, understanding that maintaining the security of their website is essential for the safety and integrity of Webnestify's hosting environment and the internet at large.

2.5 Backups

Dedicated Virtual Private Server (VPS) backup terms

Included backup services: For our Dedicated Virtual Private Servers (VPS), Webnestify s.r.o. provides daily server snapshots as part of the service. These snapshots are a convenient way to safeguard your server configurations and data.

Retention period: The server snapshots taken are retained for a period of 7 days. This retention policy is designed to offer a balance between data security and efficient use of storage resources, ensuring that recent backups are readily available.

No additional cost for snapshots: This snapshot service is included by default with all Dedicated VPS plans and incurs no additional cost to the customer.

Customer responsibility for application data: While we offer server snapshots, customers are responsible for their own data backups regarding any web applications running on the server, such as WordPress. It is crucial for customers to implement their own backup solutions for application-specific data to ensure complete data security.

Exclusion of liability for third-party backups: Webnestify s.r.o. cannot be held responsible for any third-party backup services, excluding the server snapshots provided. The reliability and integrity of backups taken by third-party services or tools are solely the responsibility of the customer or the third-party service provider.

Bare Metal Server backup terms

Backup services exclusion: For Bare Metal Servers provided by Webnestify s.r.o., it is important to note that our managed services do not include backup plans as part of the standard package.

Optional backup setup: We recognise the critical importance of data backup for our clients. Therefore, while backup services are not included in the base managed service package, they can be provided upon request.

Additional charges for backup services: Setting up backup services for Bare Metal Servers incurs additional charges. These charges primarily cover the licensing costs associated with the backup software and any additional resources required to implement and maintain the backup system.

Client responsibility for backup requests: It is the responsibility of the client to request backup services if they are needed. Clients are encouraged to assess their backup needs and contact Webnestify s.r.o. for a detailed discussion and arrangement regarding backup services.

Customisation of backup solutions: Backup solutions can be tailored to meet specific client requirements. Our team is available to consult with clients to create a backup solution that aligns with their data security and recovery needs, subject to the agreed-upon additional charges.

Rental availability

Customers have the option to rent servers from Webnestify s.r.o., providing flexibility and scalability to meet various business needs.

Managed plan customers

Customers who are currently enrolled in a managed plan with Webnestify s.r.o. should refer to the specific terms and conditions outlined in the managed services agreement. The provisions in the managed services agreement will govern the rental and use of servers under these plans.

Non-managed plan customers

For customers who are not subscribed to any managed service plan, the following terms and conditions apply for server rental.

Included features

• Anti-DDoS protection and a hardware firewall in front of your instance
• Daily server snapshots with 7-day retention
• Ubuntu Pro or KernelCare

Customer responsibilities

It is the responsibility of the customer to manage, maintain, and secure the rented server. Webnestify s.r.o. will provide the necessary hardware and initial setup, but ongoing management and maintenance are the customer's obligation unless a separate agreement for managed services is made.

Support and maintenance

Standard support for hardware-related issues will be provided by Webnestify s.r.o. However, comprehensive support, including software and application-level assistance, requires a separate managed service agreement.

Agreement to terms

By renting a server from Webnestify s.r.o., the customer agrees to adhere to these terms and conditions, alongside any other agreements that have been mutually agreed upon.

4.1 Provided Services

Webnestify s.r.o. offers consultation services which include strategic planning, technology and software integration, and collaboration for various framework compliances.

4.2 Exclusions

Our consultation services exclude the following:

• Hardware & software purchases
• Recruitment services
• Data entry or manual labour

4.3 Limitation of Liability

Webnestify s.r.o. endeavours to provide recommendations that align with our professional expertise and industry best practices. While the client maintains autonomy over final decisions and implementations, Webnestify s.r.o. will accept responsibility for any direct and measurable losses or damages resulting specifically from our advice or actions that are conclusively proven to deviate from recognised industry best practices. However, Webnestify s.r.o. cannot be held responsible for any losses, damages, or issues arising from the use, performance, and limitations of third-party software, even if it has been recommended by us. Furthermore, the client remains responsible for any losses or damages resulting from their decisions or actions that are not directly attributed to the advice provided by Webnestify s.r.o.