Terms and Conditions of providing services

The following document Terms and Conditions of providing services to the customers (hereinafter referred to as T&C Document) regulates the relations between the Parties of Service Agreement: SIM-Networks company, the Service provider (hereinafter referred to as Company, Provider), and Customer, purchasing the Provider’s services (hereinafter referred to as Customer). The T&C Document regulates the rights and the responsibilities of the Parties, arising out of these relations. The T&C Document is public, accessible and represents typical conditions of Service Agreements, which is a uniform standard of providing services by SIM-Networks company regarding specific products and services.


1. GENERAL PROVISIONS ON USING THE SERVICES AND THE INTERNET

1.1. The services, purchased from the Company, allow the Customer to use them as is, or provide access to using information, servers and products, provided by third parties, or to using officially available information on the Internet. Except information and the services, listed in this T&C Document, the Company does not provide and does not control the information, services and products, which are provided or sold on the Internet by third parties.

1.2. The Company does not provide any guarantees – direct or indirect – on any products, information and services, which are provided on the Internet by third parties. The Company shall not be responsible for any expenses, damages or fees, directly or indirectly caused in the course of using such services.

1.3. The Customer is solely responsible for the accuracy and credibility of information, posted on the website of the Customer.


2. CLIENT REGISTRATION, USER ACCOUNT

2.1. At the moment of registration on the Company’s website www.sim-networks.com, the Customer is responsible to provide complete and true information, as well as credible and active email address, indicated during the registration.

2.2. At the moment of registration the Customer shall list their email address, domain which is not maintained by the Company.

2.3. In case if the Customer provides inaccurate contact information, the Company may block the User account of the Customer.

2.4. At the moment of ordering services the Customer shall solely choose the fee plan and the term of services. The purchase of services on the Provider’s website is the consent of the Customer to pay the price, effective on the first date the services begin to be provided, as well as the agreement of the Customer with this T&C Document.

2.5. The Company shall not be responsible for any possible negative consequences, arising out of the Company’s actions, based on the inaccurate incomplete and invalid information and documents, provided by the Customer.

2.6. After the full payment for the services and the beginning of providing services the Customer receives authorization information, as well as the information, required to manage the services.  Default passwords, set by the Company, may be changed by the Customer using a respective option on the control panel at any time.

2.7. The Customer shall solely maintain the confidentiality of their User information and shall be responsible for all the actions while using it. The Provider shall rigidly comply with the Privacy Policy, drafted by the Company. (https://www.sim-networks.com/en/privacy).

2.8. In case of loss or unauthorized access to User accounts, or in case if such threat exists, the Customer shall immediately contact the Customer Care department.

2.9. The Customer shall be solely responsible for the actions of third parties in case if he/she provides access to the services control panel, purchased from the Provider, to them, and his/her resources or tools.

2.10. For the purposes of ensuring security of information of the Customer, other clients and third parties the Company reserves the right to modify authorization information at any time and with no prior notification, as well as the procedures of authorization of the Customer. The Company shall notify the clients and provide them new authorization information beforehand or immediately after such modifications become effective.

2.11. In case if the Company terminates (suspends) the rendition of services under the agreement, the term of storing the Customer’s information is 14 (fourteen) calendar days (for the «Dedicated Server» – 3 (three) days) from the moment of termination (suspension) of the services. Upon the expiration of this period the Customer’s information and their reserve copies are deleted permanently.

2.12. In cases when the services are terminated or temporary suspended by the Company due to a gross violation of this T&C Document by the Customer (specifically, failure to pay for the services in a timely fashion according to Paragraph  3; use of the Provider’s services for the purposes, explicitly prohibited by Paragraph 4, specifically, DDoS-attacks, mailing of malware, spam, fishing, mining of cryptocurrencies, etc.; this list is not exhaustive) the Company reserves the right to delete all of the Customer’s information within 3 (three) calendar days.

2.13. Registering on the Company’s website, the Customer certifies that he/she consents to receive services and informational notifications from the Company onto the email, indicated during the registration.


3. PAYMENT FOR SERVICES

3.1. The payment for services of the Provider shall be made as a non-cash payment, the types and the information about the accepted payment methods are listed on the Company’s website at www.sim-networks.com/en/payments

3.2. An order to purchase or extend the services shall be fulfilled only upon the receipt of the advance payment, sufficient to pay for all the services in the order. If the sufficient amount has not been received onto the Company’s account within 14 (fourteen) calendar days as of date of the order, such order shall be annulled.

3.3. The primary currency of the Company is euro (EUR). All of the internal payments shall be made in the primary currency.

3.4. All the prices in currencies other than euro shall be calculated automatically according to the current exchange rate taken from the billing system and SIM-Networks website. Internal currency rate for the bitcoin (ВТС), ethereum (ETH), litecoin (LTC) cryptocurrencies is updated once per hour, and once a day for other currencies.

3.5. Electronic currencies WMZ, WMR and WME are converted according to the rates of Webmoney: https://wm.exchanger.ru/asp/wmlist.asp. The bitcoin (ВТС), ethereum (ETH), litecoin (LTC) cryptocurrencies shall be converted according to the rate indicated on the following website: https://api.coinmarketcap.com/v1/ticker/?convert=EUR

3.6. In case the Customer pays for the services using the currency, other than euro, the amount shall convert based on the exchange rate effective on the day of payment.

3.7. In case if the period of paid services expires, the late payments for «Webhosting» and «VDS» shall be deleted after 14 (fourteen) days, «Dedicated Server» – after 3 (three) days. The Customer’s information of the deleted services shall not be restored!

3.8. If payment is received for the services, which has been already suspended due to insufficient balance, the payment shall be calculated as of date of the service suspension.

3.9. The minimum period of using the services is 1 (one) month since the services begin to be provided, except such services as  «Domain registration», «SSL-certificates» and others, for which the minimum period of use is 1 (one) year. The money for the desired period of services is deducted from the Customer’s balance using billing system in the beginning of the period, or at the moment of service extension.

3.10. Upon ending of the last prepaid period of services validity the Company reserves the right to put the services on hold without additional notification.

3.11. For the currencies other than euro, the submitted invoice is valid for 1 hour when paying in the bitcoin (ВТС), ethereum (ETH), litecoin (LTC) cryptocurrencies, and for 1 day when paying in other currencies.


4. RESTRICTIONS WHEN USING THE SERVICES

4.1. Unauthorized mailing of emails (spam) is unacceptable. The Customer’s domain and the name of its physical server shall not be used as a sender, third party, or act as a link in emails or email address of such mail regardless which servers such mail is sent from. Additionally, unauthorized mailing in circles SMS, ICQ, IRC and et cetera is prohibited using the Provider’s services in any way.  

4.2. It is strictly prohibited to do the following during the entire period of using the services:

4.2.1. publish or transfer any information, the dissemination of which is directly or indirectly contradicts the laws of the Federative Republic of Germany or the international law, using the Provider’s services. For example:

  • materials, violating copyright and/or license agreements;
  • materials, targeted at firing international, interracial or religious hostility;
  • materials of pornographic and erotic nature with individuals who are under age;
  • materials, relating to drug production and distribution and similar substances, prohibited by the laws of the Federative Republic of Germany.

This list is not exhaustive;

4.2.2. publish or transfer any information or software, containing viruses or other malicious components using the Provider’s services;

4.2.3. use the Provider’s services to interfere with the normal functioning of the computer systems of the Company and/or the computer systems of the Company’s customers, as well as the computer systems of third parties; scan or perform other destructive actions to the computer systems of the Company, other networks and/or the Internet systems;

4.2.4. use the Provider’s services to gain unlawful/unauthorized access to computer systems and networks of the Company, or to computer systems and networks of third parties available on the Internet;

4.2.5. send, publish, transfer, recreate or disseminate software and/or other materials, fully or partially protected by copyright or other rights without the owner’s consent using the Company’s services;

4.2.6. use personal or provided information resources (email, email addresses, WWW pages, et cetera) as contact coordinates while performing any of the mentioned in Paragraph 4.2. actions, regardless of the Internet point, from which such actions were performed;

4.3. use of the services to receive cryptocurrencies (mining) is prohibited for all the services, except the designated physical servers.

4.4. The Company reserves the right to refuse to send or block the access to any information or materials of the Customer, which violate this T&C Document, the effective laws of the Federative Republic of Germany and/or the international laws, and/or the generally accepted Internet ethical rules.

4.5. The Company does not impose any preliminary censorship.

4.6. The limit of the disk space, which the Customer may use, is determined according to the fee plan of a service, chosen by the Customer, only if additional agreement do not specify otherwise. The total volume of the disk space includes all of the resources of the Customer.  

4.7. The Customer shall respond to the inquiries of the Company’s employees sent by email or via the ticket-system on the Provider’s website within 24 (twenty-four) hours. The failure to do so or ignoring such inquiries of the Company’s employees may result in the service blocking.


5. OBLIGATIONS AND RESPONSIBILITY OF THE PARTIES

5.1. The Company ensures basic information security of the services, provided to the Customer, only if the individual agreement does not explicitly specify otherwise. Basic information security includes:

  • security at the data-center level (protection from unauthorized access, removal, browsing, copying etc. of information and tools of the customers by third parties);
  • security at the staff level (distribution of the access right, NDA, position instructions, technical instructions in case of incidents);
  • systematic and continuous monitoring of updates and patches for software and timely software updating if technically possible;
  • application of basic security and preventative methods, the use of cryptographic means to ensure security of infrastructure and information.

5.2. Data backup storage:

5.2.1. The Company shall regularly back-up the web-hosting systems (shared hosting), whereas the log-files shall not be backed-up.

5.2.2.  The back-up of VDS, leased servers and SIM-Cloud tools shall be done exclusively if the Customer has ordered respective services from the Provider, or if this is explicitly stated in the agreement.

5.2.3. Provider’s data back-up does not release the Customer from responsibility in case of data loss or damage to its integrity according to Paragraph 5.2.1.

5.2.4. In case if data loss was caused by actions of the Provider, the Company shall undertake all of the required measures to restore the information as soon as possible.

5.2.5. In case, if data loss was caused by actions of the Customer, the restoration of data from the last archive shall be performed upon the request submitted to Customer Care Service. The Company does not provide long storage of backed-up data, unless otherwise specified in the individual agreement.

5.3. The Company does not guarantee that the Customer will receive messages, sent by Customer Care Service in cases if the Customer’s mail server does not accept mail, sent onto it.  

5.4. When leasing a server, the Company may perform urgent works, requiring urgent disconnection of the Customer’s equipment, provided that the risk of safety of connected equipment is bigger than that of the disconnected one.  In this case the Company notifies the Customer about the disconnection as soon as it is possible, and at the worst immediately before the disconnection. The Company notifies the Customer via a telephone or email, indicated during the registration at the Provider’s website.

5.5. The Company does not guarantee receipt of the Client’s mail from the servers or networks, which were added to the international anti-spam lists.

5.6. Free technical maintenance is provided on "AS IS" conditions, with no additional guarantees, unless otherwise stated in the individual agreement.

5.7. The cost of fee-based technical support may be compensated partially or fully depending on the decision of the Provider. All the works shall be performed with no additional obligations or guarantees arising, unless otherwise stated in the individual agreement.

5.8. The Customer assumes an obligation to pay for the ordered services entirely and in due time.


6. DOMAIN REGISTRATION AND EXTENSION

6.1. The domain registration and extension services are provided by the Provider based on agreements, entered into by the Company with accredited registrars of domain names. Insertion of information about the registration of a domain name into the register and the extension of the domain name registration term shall be done by a respective authorized registrar of domain names.

6.2. The Customer shall be fully responsible for the accuracy and credibility of information, provided during the registration of the domain name. The Company shall not be responsible for the consequences, related to the invalidity, incompleteness or inaccuracy of information about the Customer, provided to the registrar.  

6.3. Based on the official letter from the Customer, the Company shall assist him/her and transfer all of the documents (data) of the Customer, which are required for recording modifications of the Customer’s information, to the accredited registrar, that registers the domain name for the Customer or maintains the registered domain of the Customer. The Customer shall transfer said documents (data) himself/herself, if the request is received from the accredited registrar of the domain names, registering the Customer’s domain name or maintaining the registered domain name of the Customer.

6.4. Order for the domain name registration service without payment does not book the chosen domain name for the Customer.

6.5. If the Customer fails to provide the required documents (data), the Company may refuse to provide the domain name registration service or extend the domain.

6.6. The Customer shall independently monitor the date on which the domain name registration expires; the Company shall not be responsible for any consequences, related to the expiration of the domain registration period, if the Customer has failed to order the domain extension service in advance, or in case if the domain extension service has not been provided by the Provider due to the Customer’s breach of the conditions of the agreement.


7. RESELLER RESPONSIBILITY AS CLIENT PARTICULAR CASE

7.1. The Company does not provide technical or other support to reseller clients, unless otherwise explicitly stated in the individual agreement with such Client.

7.2. All of the inquiries of the end clients, which the reseller cannot solely deal with, may be forwarded to the Customer Care Service, however only through the user account of the reseller.

7.3. Resellers shall be fully responsible for information, indicated in their user accounts, as well as the actions and the unlawful actions of their clients.


8. THE RULES OF SUBMISSION CUSTOMER CARE INQUIRIES

8.1. The client support is provided via the ticket system at the Company’s website: 

https://www.sim-networks.com/en.

8.2. At the time of contacting Customer Care Service, the Customer shall inform his/her identification information– user name in the billing system, as well as accurately state fee/service, which the inquiry relates to.

8.3. In case if it’s impossible to provide the information, stated in Paragraph 8.2, the Customer may indicate other information, which will help to identify him/her, specifically, information of the user account and/or payment information.

8.4. All of the inquiries to Customer Care Service are processed on a first-in first-out basis.  Technical support is provided around the clock. The time for processing an inquiry is up to 1 (one) hour. The time to make a decision may vary depending on the urgency and complexity of the inquiry, but shall not exceed 24 (twenty-four) hours.

8.5. Urgent inquiries shall be processed out of turn, e.g. such as the request to restore/change login and password in case they are compromised, or to restore the operation of the primary tools.

8.6. In case if it’s necessary to provide the originals and/or copies of the documents and the inquiry the Customer may send them via mail or email at the Company’s address, or to produce them personally at the Company’s office (the time and the conditions of such visit shall be discussed separately with the representatives of Customer Care Service).

8.7. Inquiries, submitted via other communication channels (namely, ICQ, IM, Skype, chat on the Company’s website, etc.), are not processed.

8.8. Customer Care Service shall not consult the Customer on the matters of programming, web-design, script and software setting, and on other analogous matters, unless otherwise explicitly stated in the individual agreement.

8.9. The responses to the most frequently asked questions, standard questions may be responded to using a link onto a specific page of the Company’s website or other informational resource (for example, Wikipedia).

8.10. The Company reserves the right to refuse to respond to an inquiry in the following cases:

  • if information, stated in this paragraph, is incomplete or inaccurate;
  • if it is impossible to make the requested modifications due to technical peculiarities of providing the services;
  • if the inquiry relates to the issues of quality, correctness and accuracy of software functioning, developed by third parties;
  • if the requested operation can be performed by the Customer himself/herself.

8.11. Each separate inquiry shall be forwarded to the Customer Care Service as a separate ticket.

8.12. The Company reserves the right to fully ignore the inquiries and block the chats, containing vulgar language, abusive or insulting expressions in any form.


9. RULES OF SUBMISSION A COMPLAINT, NOTIFICATIONS ABOUT THE VIOLATION OF COPYRIGHT, NOTIFICATIONS ON ABUSE AND OTHER COMPLAINTS

9.1. Complaints, notifications on abuse, and other complaints of natural persons and legal entities shall be submitted by the declarant electronically at the following email: abuse@sim-networks.com

9.2. The complaints shall be received no later than 48 (forty-right) hours as of the moment of an incident, which is reported. The following are the exceptions to this rule: notifications about the violation of law (copyright, fraud and other violations of administrative and/or criminal laws).

9.3. Complaints must include the following information:

  • identification of a declarant (full name – for natural persons, full name of an organization – for legal entities). Anonymous messages are not processed;
  • working email of the declarant;
  • IP-address and/or URL;
  • ports, protocols;
  • log files;
  • headers and full email in eml format – in case of spam-related complaints;
  • data shall include the time of incident no later than 48 (forty-eight) hours after the incident. The exception includes messages, regarding the violation of law (copyright, fraud and other violations of administrative and/or criminal law);
  • description of the inquiry (complaint/notification about abuse, etc.);
  • verification of the declarant’s right to possess or act on behalf of the rightholder (official documents) in case if the complaint has to do with the violation of copyright (the citation to the original is mandatory, or the copy of the original in.pdf format, or documents, verifying the rights of the declarant for the copyrighted objects).

9.4. Complaints about administratively or criminally punishable actions (fraud, phishing, scamming, etc.) shall be resolved only by the resolution of the court at the Federative Republic of Germany.

9.5. The response to a complaint is processed within 72 (seventy-two) hours.

9.6. In case if the complaint does not include all of the required information or is prepared with violation of the conditions, listed in this Section of the T&C Document, the Company reserves the right not to process such complaints.


10. STANDARD FREE TECHNICAL SUPPORT

10.1. Standard free technical support for webhosting services includes the following:

  • uninterrupted access to websites and applications of the Customer on the Internet;
  • providing a properly working software platform (databases, webserver, PHP interpreters, Perl, etc.) and basic tools (HTTP, HTTPS, FTP, POP3, IMAP, SMTP);
  • consultations regarding the technical functioning of the platform; =diagnostics and finding a solution;
  • assistance with the hosting control panel;
  • assistance with transfer of projects onto the server.

10.2. Standard free technical support for VDS services includes the following;

  • 15 (fifteen) minutesof administrator’s work on the inquiry – to analyze and solve simple issues;
  • uninterrupted access to the Internet;
  • providing technically working apparatus platform, as well as software platform of virtualization system;
  • access to the local console VDS;
  • basic installation and setting of the operation system from the list of supported one, as well as the initial package of software upon request;
  • assistance with transfer/moving of the projects onto a server within the scope of the initial server setup.

10.3. Standard free support for the services of Dedicated Server includes the following:

  • 15 (fifteen) minutesof administrator’s work on the inquiry – to analyze and solve simple issues;
  • uninterrupted access to the Internet;
  • providing technically working apparatus platform, as well as software platform until the beginning of the software downloading;
  • exchange of equipment after the inspection by the Provider’s technicians in case of physical mistakes using the manufacturer’s tests;
  • providing infrastructure (electricity, cooling);
  • initial commutation/setup of equipment;
  • diagnostics and exchange of defective equipment upon the Customer’s request and/or the notification of the internal monitoring system;
  • access to IPMI interface in case of purchasing a respective service;
  • basic setup and setting of the operation system from the list of supported ones, as well as the initial package of software upon the request;
  • assistance with transfer/moving of the projects onto a server within the scope of the initial server setup.

10.4. Standard free support for server hosting services (collocation) includes the following:

  • uninterrupted access to the Internet – before accessing the Customer’s equipment;
  • uninterrupted electric power and the required heat removal – before accessing the Customer’s equipment;
  • assembling/ disassembling equipment in a 19" frame;
  • initial commutation/setup of equipment.


11. FINAL PROVISIONS

SIM-Networks company has the right to modify this document at their own discretion. Any and all modifications shall become effective after their announcement on the Company’s website.

Should you have any questions or comments after reading this document, please, send them to the following address: ask@sim-networks.com