1. General Description
The present General Contract Terms and Conditions (hereinafter referred to as: “GCTC”) contains the rights and obligations of Bitninja Kft. (hereinafter referred to as: the Service Provider) and those of the User (hereinafter referred to as: the User), who uses the service, which was ordered thereby via https://bitninja.io website (hereinafter referred to as: the Website) operated by the Service Provider. (the Service Provider and the User, hereinafter jointly referred to as the Parties).
Company name: BitNinja Technologies Zrt.
Principal Office (and postal address): Kossuth u. 42. II/5, H-4024 Debrecen
Registering Court: Company Court of the Debrecen Regional Court
Company Registration number: 09-10-000598
VAT number: 27114436-2-09
Email address: email@example.com
Bank account number: 10300002-13139195-00014014
Customer service contact: https://bitninja.io.
The Service: BitNinja server defense system
The purpose of the service: Server protection
Such technical information, relevant characteristics and features of the service as well as instructions regarding the use thereof, which are not contained by the present GCTC, are continuously available on our website. If any question arises regarding the above, users shall be provided with assistance at the designated customer support contact availability.
2. Trial Version
A free trial shall be provided for anyone by the service provider in the form of a trial version, which, after the expiry of the trial period, shall not entail an obligation to place an order or any payment related to the use of the service of the trial version.
The range of services provided by the trial version is identical with that of the payable version thereof.
The service may be used in the form of a trial version for 7 calendar days after its registration; during this term the service may be ordered at any time. After the expiry of the trial period the service will change to free version if the credit card information was not provided.
If the service was downgraded by the trial period, the service will change to free version if the credit card information was provided.
If the service was not downgraded by the user during the trial period and the credit card information was provided, the service will automatically charge a subscription based on the payment settings of the user.
The essence of the trial version is to enable the user to learn about the benefits of the product and confirm that it suits his requirements and computer hardware. It is therefore proposed to use the trial version before the purchase thereof; during the trial period the user may be ensured if that particular service is required thereby, which is provided by the service provider.
Registration with the first name and e-mail address of the user is necessary for using the trial version. Subsequently, a confirmation e-mail is sent to the given address by the service provider; the trial version of the service can be activated after clicking on the link that can be found in the e-mail, by giving and confirming a selected password.
No responsibility shall be taken for the operability of the trial version.
The trial version may be used only once on the same server; it may not be repeated without the written permission of the service provider and any attempt for breaching this rule shall imply the exclusion of the server and the IP address thereof from the service.
3. Free version
The user shall be entitled to use the reduced-range version of the service without paying service fee or having a time limit. Information about the ranges of service available in the frame of the free version shall be provided be the service provider on the website. The use of the free trial version shall not entail an obligation to place an order or any payment related to the use of thereof.
4. Ordering process
If the user did not take the opportunity to use the free trial version, registration shall be necessary prior to ordering the service in the same way as it was described above.
In the next step of the ordering process, the related server(s) may be selected. In the case of having more servers, it is possible to order the service only for certain servers. A trial version of the service may be used on such server(s), which service fee shall not be paid for.
In the following step of the order, the payable service fee shall be selected from the recommended monthly or annual payment possibilities.
In the next step, the payment method of the service fee shall be selected including two possibilities:
The billing data shall be provided in the last step of the ordering process.
An order shall only be fulfilled subsequent to the approval of the present General Contract Terms and Conditions as well as the content of the data management guide by the user.
The service may be ordered exclusively in the manner described above.
By approving the order, user shall express its intention to establish a legal relationship with the service provider (binding offer) and to use its service.
The service provider may only accept an order from the user if all fields required by the order are completed thereby. If the user completes any field wrongly or insufficiently, an error message shall be received thereby from the service provider and shall not have the opportunity to step on from the given phase of the ordering process. No responsibility shall be taken by the service provider for any delay in order fulfilment or any other problem or fault, which is due to data provided wrongly and/or inaccurately by the user.
The service Provider reserves the right to check or delete any data of the user if the truthfulness of such data is questionable or cannot be interpreted as well as to regard all orders place with such data invalid. If false data are provided by the user for its order and the service provider becomes aware thereof only later, the contract shall be terminated from the date of its conclusion with retroactive effect; however, the parties shall be obliged to clarify the details of any service provided until then, that is, the user shall be liable to pay the consideration of all services used thereby till then to the service provider, proportionately.
The user shall have the opportunity to correct any data entry error in any phase of the order, but no later than the date of placing the order.
The user shall be obliged to inform the service provider about any change in its given data by e-mail, within maximum 8 days from the date when the change takes place.
Payment methods shall be handled by the service provider only through safe channels.
The user acknowledges and approves that the truthfulness of the bank card data provided by the user shall be handled and checked, pursuant to the relevant legal regulations, by such entitled external service providers, who are in contractual relationship with the service provider. Within this framework, the user acknowledges that the given bank account may be charged with $1 by the external service provider for checking the provided data; and if the given data are true, the $1 shall immediately be returned to the debited bank account.
5. Order Confirmation
After being approved by the user, the order shall arrive at the service provider. Subsequent to the arrival of the order, a confirmation e-mail shall immediately be sent by the service provider to inform the user about the receipt of the order as well as of the activation of the service after the e-mail is sent.
If any error is noticed by the user with respect to the data in the confirmation e-mail, it shall have to be signed to the service provider with immediate effect in order to avoid fulfilling unintended or incorrect of orders.
The user shall be exempted from the binding order if the confirmation email regarding its order placement is not received thereby within 24 hours.
The confirmation email of the service provider shall be considered as the acceptance of the user’s offer, which shall establish a valid legal relationship between the service provider and the user.
The completion of the above detailed order procedure and the confirmation thereof by the service provider shall establish a contractual relationship between the parties, which shall be considered as a written agreement.
6. Service Fee
The current fees of such services, which can be ordered, are continuously available on the website.
Service fees are payable in advance, in the form of a monthly or annual service fee. The payment method (bank card/ Paypal) and the duration of service (monthly/ annual) provided during the order procedure between the service data on the website, may be changed within 29 days from the first use (activation) of the service, while in the case of an annual subscription, within 364 days from the first use of the service.
By the acceptance of the present General Contract Terms and Conditions, the user acknowledges that if the duration of service is not modified or the provision of the service is not terminated within 29 days from the first use of the service in the case of a monthly subscription and within 364 days in the case of an annual subscription, the service fee – with such payment method which was selected thereby when the order was placed – shall be debited to the bank account of the user on the 30 and 365 days from the first use of the service and at same time, the user shall be informed about the transaction being performed.
If neither the payment method nor the duration of service is changed until the dates indicated above, the service provider shall proceed in accordance with the modifications on the days signed above.
If the service fee may not be debited on the bank account of the user by the service provider, it shall be attempted thereby repeatedly, three times, every second day, while it is maintaining the whole range of service. The user shall immediately be informed in email if the service provider attempts to debit the bank account thereof unsuccessfully. In the case of unsuccessful debits, on the day of the 3rd unsuccessful debit, the service of the user shall be changed to the free version instead of the previously provided full range version, which circumstance shall result in the termination of the previous legal relationship.
The service provider reserves its right to change the fees and content of the services that can be ordered, however, it shall be obliged to provide information thereof on its website. The modification shall take effect simultaneously with the publication thereof on the website. Such services, which had already been ordered, shall not be affected by the modification within the duration of the contractual relationship.
If no invoice is received by the user, it shall be signed to the service provider.
7. Right of Withdrawal
The user shall have the right of withdrawal within 14 calendar days from the first use (activation) of the service, which means that if this right is exercised thereby, it may terminate the agreement (on the provision of service for a service fee) with a full refund of the service fee paid thereby without any further legal consequence.
This right of the user may be indicated in written form, by an e-mail, sent to the address of firstname.lastname@example.org. In case the service was provided to the user for more servers, the declaration of withdrawal shall contain the details of the server which the right of withdrawal is exercised on. In the absence of an unambiguous indication, the right of withdrawal shall be considered for all servers by the service provider.
The deadline of the withdrawal from the contract shall be deemed valid if declaration thereof is sent by the user to the service provider within 14 calendar days (even on the 14th day).
Acknowledgement of the declaration of withdrawal shall immediately be confirmed by the service provider by e-mail.
If the user exercises its right of withdrawal, the full service fee paid thereby shall be refunded by the service provider within 14 days from being aware of the declaration.
In the event of a refund, the payment method used by the service provider shall be identical with the one which was used for paying the service fee, except if the user agrees to use another payment method, which may not result in any extra cost therefor.
The user shall not be charged with or entitled to any extra cost resulting from exercising its right of withdrawal.
If the user exercises its right of withdrawal, the service shall be still available therefor in the form of its free version.
8. Cases of Temporary Discontinuation of Service
If the service is used by the User in such manner, which has any influence on the service or the quality thereof and/or it breaches the ethical rules of the internet, provision of the service may be discontinued by the Service Provider until the reason for discontinuing the service is eliminated by the User. The User shall be asked by an e-mail of the Service Provider to eliminate the reason for the discontinuation of the service immediately, which also draws the attention of the User to the fact that if it fails to do so within 1 day, the Service Provider may terminate the further provision of service with immediate effect. No responsibility shall be taken by the Service Provider for any damage caused by such discontinuation of the service, which is of special interest to the User.
The service may be discontinued due to a reason of special interest to the Service Provider. If the discontinuation of the service is due to regular maintenance, it shall be done with minimum 15 days’ notice to the User, which may not exceed 1 day per calendar month each time. Such maintenance activities shall be considered as regular maintenance, which are related to keeping the technical devices of the Service Provider in working order and provide the permanent maintenance of the qualitative target values as an effect of the maintenance. Regular maintenance provides the periodical increase of operational security, which gradually decreases due to the operation; thus slowing the process of the wear and tear of technical devices. Regular maintenance includes such activities, which require maintenance work in order to prevent the failure of such technical devices, which are necessary for providing the service. The period of such discontinuation shall not be included in the period of availability.
9. Events of Termination of the Agreement
In addition to the sets of cases described in the present GCTC, the agreement may be terminated by the User at any time during the period of the service by changing the service to its free trial version for the given server(s) between such service data of the webpage, which are relevant to the User. In this case the agreement shall be terminated after the period, which is covered by the service fee paid by the User.
The User shall be entitled to terminate the agreement with immediate effect in the event of substantial breach of the contract by the Service Provider in case, in spite of the prior written notice of the User, it provides no remedy thereto within 5 days. In the event of the termination of the agreement with immediate effect, it shall cease on the date of termination thereof.
The service agreement may be terminated by the Service Provider with immediate effect, unilaterally if the service of the User hinders or endangers the normal operation of the service and if such breaching of the agreement is not finished by the User with immediate effect in spite of being warned of the legal consequences thereof.
In case the User has a subscription for more servers and it breaches the conditions, which are described by this GCTC, in connection with any of those servers, the Service Provider shall be entitled to terminate the agreement with immediate effect.
In the events specified hereby, the intention to terminate the agreement may be exercised by the User by sending the declaration thereof to any of the customer service contacts, while in the case of the Service Provider by the declaration thereof sent to the e-mail address of the User.
10. Responsibilities of the User and Service Provider
The use of service or its rights may only be transferred or assigned by the User to a third party by the written consent of the Service Provider exclusively.
The User shall accept full responsibility for all such use of the service, which is accessible by the password thereof.
The User shall have to take full responsibility for maintaining the confidentiality of the password thereof.
The User shall take full responsibility for its own behaviour exclusively. The Service Provider shall not take any responsibility for any behaviour of the User and shall fully cooperate with the relevant authority in order to reveal any infringement committed by the User.
Due to the global nature of the internet, the User shall act also in accordance with the provisions of the international legislation during its legal relationship with the Service Provider. If any of its activities or declarations is not allowed by the law of the state of the User, the responsibility for the legal consequences thereof shall be taken by the User exclusively.
If any reprehensible content is noticed on the website by the User, it shall be obliged to indicate it to the Service Provider. If the indication is considered well-founded by the Service Provider while it proceeds in good faith, it shall be entitled to cancel or modify the information immediately.
The service may be used by the User at its own risk exclusively.
The confidentiality of the password of the customer towards any third party shall be maintained by the Service Provider. The Service Provider shall inform only the customer and the authority entitled thereto about the password of the customer – based on an application therefor.
Such interfaces (links) may be contained by the webpage, which lead the User to the webpages of other Service Providers. No responsibility shall be taken by the Service Provider for the data protection practice or any other activity of such Service Providers.
11. Unilateral Modification of the General Contract Terms and Conditions
The Service Provider shall be entitled to modify this GCTC unilaterally as well. The Service Provider shall be specially entitled to modify this GCTC unilaterally, if it is required by the customer demands obtained for the quality improvement of the service. In addition, the Service Provider shall be entitled to modify this GCTC unilaterally, if it is justified by the changing of the law, a decision of the authority or by a material change in the circumstances.
The Service Provider shall provide detailed information about the modification of the GCTC on the webpage, while it shall inform the User about the modification by e-mail.
If the modification contains such provisions, which are detrimental to the User, it shall be entitled to terminate the contract by sending its declaration to any of the customer service contacts within 15 days from the notification thereof.
The Service Provider shall not be obliged to apply the notification deadline included in this point for such modifications of the general contract terms where the modification of the general contract terms shall be necessary due to the introduction of new services and the general contract terms related to the already provided services are not affected by the modification or if only a service fee is reduced by the modification.
12. Handling Complaints
Any complaint or comment on the service or on the activity of the Service Provider shall be indicated by the User to the Service Provider at the customer service contacts.
The Service Provider shall be obliged to respond to all complaints and comments immediately by email. If any complaints is rejected, the User shall be informed by the Service Provider about the reason therefor.
The content of the web-page shall be protected by the copyright of the Service Provider. The Service Provider shall be entitled to have copyright on any content, which is published while the services, which are available on the website are provided, including amongst others all graphics and other materials, the layout and editing of the surface of the web-page, the software and any other solutions, ideas and implementations used.
Furthermore, the Service Provider fully reserves its right to all elements of the service.
No right shall be provided for the use or utilization of any trade name or trade mark from the webpage by the registration, the use of the webpage or any provision of the GTCT besides the rights specified in the present GTCT. Such intellectual property may not be used or utilized without the prior written consent of the Service Provider besides its publication due to the normal use of the website, the temporary multiplication necessary thereto and copying for private purposes.
The Parties shall apply the provisions of the law of Hungary effective on the day of signing the agreement for the legal relationship established between each other and confer the exclusive jurisdiction on the courts of Hungary (the District Court and Tribunal Court of Debrecen) with the condition that they will primarily attempt to settle all disputes by peaceful means.
Neither of the Parties shall be responsible for the fulfilment of such obligations covered by the agreement, when an event beyond the control of the interested parties (force majeure) incurs. Such circumstances include, for example: natural catastrophe, fire, flood, provision of the authority, state of emergency, riot, civil war, war, strike or similar operational restriction, server attack, unauthorised access, etc. If the period of discontinuation due to force majeure exceeds one month, both Parties shall be entitled to terminate the agreement with immediate effect in the manner described above. The possible termination of the agreement due to force majeure shall not exempt them from the payment of such services, which are already performed until the occurrence of the force majeure.
The Service Provider shall not be subject to the provisions of any Code of Conduct.
The User acknowledges that all data and information related to the attacks against the server thereof shall be in the exclusive possession of the Service Provider; the User shall renounce all rights and claims related thereto.
By the acceptance of this GTCT, the User approves that e-mails containing information related to the Service Provider or the services provided thereby shall be sent by the Service Provider to the e-mail address designated by the User.
15. Provisions on Data Protection321
The Service Provider may handle the data necessary and sufficient for the identification of the User for the purpose of establishing the agreement, determining, modifying the content, following the performance, billing the fees originating thereof as well as for recovering its claims related thereto. By the acceptance of this GTCT, the User approves the handling and processing of its data by a service provider, as well as by the agent or subcontractor thereof.
17. GDPR DATA PROCESSING ADDENDUM (DPA)
Data processing statement for Bitninja customers
If it has been determined that you qualify as a data controller under the GDPR and need a data processing statement in place with companies that process personal data on your behalf.
This Data Processing Addendum is used to make enforcing your rights easy.
18. Reseller functionailties
Any user can register to become a reseller on https://reseller.bitninja.io. BitNinja holds the right to accept or deny the partnership. A reseller account holder is capable of registering subaccounts which are equal with other ordinary BitNinja accounts, but all payment are managed by the reseller. A reseller account holder is permitted to log in to a subaccount and do administrative tasks in behalf of the subuser.
To gain wholesale price, a reseller account holder should pay deposit. The actual discounts and deposit amounts are available on the reseller panel. The deposit can only be used to buy BitNinja licences and the deposit is not refundable.
A reseller account holder is entitled to access our reseller API system to integrate the BitNinja license comissioning into the automated sales process of the reseller. Only reasonable API requests are allowed.
A reseller account holder is not entitled to copy the entire or parts of the bitninja.io website and/or any related systems or behave on behalf of bitninja.io or the BitNinja Kft. A reseller should not whitelabel the BitNinja system under any circumstances.
This GDPR compliant Data Processing Addendum is attached in a form to sign it, when accepted, in accordance with the instructions.
Date of entry into force of this GTC: 24th May, 2018