This is an English translation of the Hungarian-language Általános Szerződési Feltételek (ÁSZF), provided for information. In the event of any discrepancy between the two versions, the Hungarian version shall prevail.
1.1.1 The Service Provider offers the services and service packages advertised and displayed on the www.szerverzum.hu / www.szerverzum.com website to the Subscriber, under the conditions set out in these General Terms and Conditions.
1.1.2 The Service Provider publishes a detailed description and the technical parameters of the services and service packages it offers and provides on the website.
1.1.3 The Service Provider publishes its current subscription and labour fees on the website under the “Prices” menu item.
Company name: EVOLUTIONET Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság
Short name: EVOLUTIONET Kft.
Registered office: 7342 Mágocs, Széchenyi utca 75., Hungary
Company registration number: 02 09 075023
Tax number: 14992511-2-02
Website: www.szerverzum.hu / www.szerverzum.com
Customer service e-mail address: [email protected] (in English: [email protected])
Secondary e-mail addresses: [email protected], [email protected]
Data protection contact: Tamás Esch, managing director
1.3.1 An order qualifies as a contract concluded by electronic means and entails a payment obligation.
The contract is concluded by completing the order form on the website and clicking the button that submits the order.
1.3.2 The order is governed by Sections 5 and 6 of Act CVIII of 2001 on certain issues of electronic commerce services and information society services.
Where the Subscriber qualifies as a consumer, the contract is also governed by Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses.
1.3.3 In the case of orders placed electronically, the customer (Subscriber) may withdraw from the contract within 14 days without giving any reason. The intention to withdraw may be notified by e-mail to [email protected] within 14 days of the order.
1.4.1 The Service Provider communicates about the ordered service in writing, by e-mail.
1.4.2 After the order form has been submitted, the Service Provider confirms the recording (acceptance) of the order on the website and, at the same time, by e-mail to the customer (Subscriber). The confirmation contains:
a) the services ordered and their quantities (in units or periods)
b) the payment method and payment interval
c) the personal, billing and contact details provided by the customer (Subscriber)
d) the pro forma invoice and the information required for payment
Further information on the data processing carried out by the Service Provider can be found in the Privacy Policy, which forms an annex to these General Terms and Conditions.
The Subscriber may pay the subscription fee shown on the pro forma invoice as follows:
1.6.1 Once the fee for the ordered service(s) (subscription fee) has been credited, the Service Provider starts providing the ordered services within 1 business day at the latest, by sending the access details of the service, together with all necessary information, to the e-mail address provided by the Subscriber when ordering.
1.6.2 If the activation of the ordered service takes longer than 1 business day (typically in the case of domain transfer operations), the Service Provider informs the Subscriber separately by e-mail.
Once the subscription fee has been credited, the Service Provider issues an authentic electronic invoice and sends it to the Subscriber by e-mail. In exceptional cases, at the Subscriber’s separate request, a paper invoice can be issued, which may be subject to an additional administration fee.
1.8.1 The Service Provider notifies the Subscriber by e-mail, at the e-mail address(es) provided by the Subscriber for contact purposes, of the expiry date of the ordered services, the conditions of renewal and the renewal fees 15 days before the expiry date of the ordered service(s). The Service Provider repeats the notification 3 more times: 7 days and 1 day before expiry, and 2 days after expiry. The notifications are sent automatically by CRM software, which records the fact of successful sending in the “Client Portal” interface, which the Subscriber can also access.
1.8.2 The service is renewed automatically within 1 business day after the renewal fee has been received. At the Subscriber’s request, the Service Provider sends a separate notification of the renewal by e-mail.
1.8.3 The Service Provider issues an electronic invoice (e-invoice) to the Subscriber for the renewal fee and sends it to the Subscriber’s e-mail address.
1.9.1 The Subscriber may cancel the ordered service (subscription) during the subscription period by sending an e-mail to the Service Provider’s e-mail address. The Service Provider confirms the recording of the cancellation to the Subscriber by e-mail within 1 business day. In the event of cancellation, the service terminates automatically at the end of the subscription period, and the Subscriber will not be charged any further fees for the cancelled service(s). Further cases of cancellation are detailed in Section 6 of these GTC.
1.9.2 If the Subscriber does not cancel the service during the subscription period and does not pay the renewal fee to the Service Provider, the service terminates automatically and becomes inactive when the subscription expires (at the end of the period previously paid for by the Subscriber).
1.9.3 After the service has terminated, the Service Provider keeps the data placed by the Subscriber on its servers for 45 days for backup purposes; during this period it no longer provides external access to the Subscriber. After 45 days from the termination of the service, the Service Provider deletes the data previously stored/uploaded by the Subscriber from its servers, after which the data stored in the service can no longer be restored.
1.9.4 The Subscriber may request the restoration of the service within 45 days of the expiry of the subscription. The Subscriber may request the restoration of an expired service only in writing, by e-mail to the Service Provider’s e-mail address. The Service Provider confirms the recording of the restoration request to the Subscriber by e-mail within 1 business day.
1.9.5 For services provided directly by the Service Provider (typically hosting), the restoration fee is the same as the renewal fee. For services provided by third parties (typically domain registration), the Service Provider informs the Subscriber by e-mail of the restoration fee and conditions – where these differ from the renewal fee and conditions – before starting the restoration process.
1.9.6 An expired service can only be restored after the renewal fee has been received.
1.9.7 The Service Provider cannot be held liable in any form for damages resulting from the Subscriber’s failure to renew the service or to pay the renewal fee, for damages resulting from late payment after the deadline, or for errors or data loss resulting from the termination of the service.
2.1 The Service Provider is obliged to provide the ordered services with an annual availability of 99.9%. Pre-announced maintenance, force majeure events and any outages of services provided by third parties are not included in the calculation of availability.
2.2 The Service Provider is obliged to provide the ordered services within 1 business day after receipt of the subscription fee or, if this is technically not possible, within 8 business days at the latest. Exceptions are the ancillary services provided by third parties that the Service Provider intermediates to the Subscriber (typically foreign country-code domain registrations subject to special conditions). The start of these services falls within the competence of the third party.
2.3 The Service Provider provides support for the use of the ordered services without charging a separate service fee. The support does not cover software and program code placed by the Subscriber, nor client-side and other third-party systems operated by the Subscriber.
2.4 The Service Provider is entitled to invoice the Subscriber for the fees set out in the current price list. Invoicing takes place at the beginning of the billing period, with the exception of usage-based fees, which are invoiced at the end of the billing period. The Service Provider issues the first invoice upon ordering, which the Subscriber is obliged to pay when the Contract is concluded.
2.5 The Service Provider is entitled to suspend the service or terminate the contract with immediate effect if the Subscriber breaches the following rules:
2.5.1 It is forbidden to place material in the rented service that is illegal, pornographic, infringes copyright or offends good taste;
2.5.2 It is forbidden to place program code in the rented service that may cause damage or is unsuitable for running on a shared system;
2.5.3 It is forbidden to send unsolicited advertising e-mails (SPAM) over the Internet and to harass other users by e-mail;
2.5.4 In general, it is forbidden to violate the Internet Code of Ethics (Netiquette).
The Service Provider protects the data placed by the Subscriber in the rented service in the manner that can be expected of it (with appropriate professional knowledge and technical tools and methods):
2.6.1 For web hosting and virtual server services, data is stored using RAID technologies.
2.6.2 The Service Provider makes automatic backups of the data stored in the web hosting service (website and FTP storage content, e-mail mailboxes, SQL databases): daily on working days (Monday to Friday) and once a week at the weekend.
2.6.3 Of the backups made of the data stored in the web hosting service, the Service Provider keeps the last 10 daily and the last 10 weekly backups on a physically separate data storage (backup) device.
2.6.4 The Subscriber may carry out a partial or full restore from the available backups themselves, free of charge, using the JetBackup function of the cPanel control panel. At the Subscriber’s request, the Service Provider will also carry out the restore, for the labour fee published on the website (under the “Prices” menu item).
2.6.5 The Service Provider makes a full backup every month of the data stored in the virtual server (VPS) service.
2.6.6 The Service Provider keeps the backups of the data stored in the virtual server service for 2 months on a physically separate data storage device.
2.6.7 If necessary, at the Subscriber’s request, the Service Provider restores data from its backups, for the occasional/hourly system administration support fee published on the website (under the “Prices” menu item).
2.6.8 The Service Provider enables the Subscriber to make manual backups: in the web hosting service with a dedicated function (cPanel control panel -> Backup function), and in the virtual server service by providing separate backup FTP storage.
2.6.9 The Service Provider assumes no responsibility for data falling outside the automatic backup period, and cannot be held liable for damages arising from the loss of stored data. The Subscriber places and stores data in the rented service solely at its own risk.
2.7.1 The Service Provider is obliged to install updates and security patches affecting the systems and server-side software it operates, thereby keeping the server environment continuously up to date.
2.7.2 The Subscriber is responsible for regularly installing updates and security patches for the software and scripts uploaded to the hosting, and for keeping custom program code up to date, thereby maintaining compatibility with the server environment (PHP, MySQL/MariaDB). The Service Provider cannot be held liable for damages resulting from the failure to perform these tasks.
3.1 The Subscriber is entitled to use the services it has ordered 24 hours a day, 365 days a year.
3.2 The Subscriber is obliged to provide, at its own expense, the hardware, software and telecommunications conditions required to use the services.
3.3 The Subscriber is obliged to use the ordered services properly and for their intended purpose.
3.3.1 In order to prevent, remedy or avert damage resulting from improper use, improper handling of passwords and other access details, security flaws in software placed on the hosting, or unjustified or disproportionately high resource usage, the Service Provider is entitled to restrict the service without prior notice and, in more serious cases, to suspend the service while notifying the Subscriber at the same time. The Service Provider cannot be held liable for the problems listed in Section 3.3.1 or for damages resulting from the suspension.
3.3.2 In order to prevent further damage, the Service Provider is entitled to terminate the contract with immediate effect with reference to Section 2.5 of these GTC.
3.3.3 The Subscriber is liable for damages caused by improper use or resulting from security flaws in the software it has placed.
3.4 The Subscriber is obliged to pay the fees set out in the current price list (under the “Prices” menu item) for the ordered services. The Subscriber accepts that, in the event of late payment, the Service Provider is entitled to terminate or restrict the services.
3.5 The Subscriber is obliged to notify the Service Provider in writing, by e-mail, of any change in the data held by the Service Provider – in particular any change in the e-mail address provided by the Subscriber for contact purposes – within 15 days at the latest. The Service Provider cannot be held liable for damages resulting from the failure to notify such changes.
3.6.1 It may not run IRC or bot-type applications.
3.6.2 It may not run applications that function identically or similarly to IRC or bots.
3.6.3 It may not run BitTorrent or other P2P applications.
3.6.4 It may not use the rented service for high-traffic file exchange or file sharing activities.
3.6.5 It may not run the following sites, content, programs or applications:
– Video and audio sharing sites
– Online game sharing, gaming and gambling sites
– Auction and top-sites sites
– Clickbait sites
– Image hosting scripts (e.g. Photobucket or Tinypic)
– AutoSurf/PTC/PTS/PPC sites
– IP scanners
– Brute-force programs/scripts/applications
– Online channels and streaming applications, image, video and audio broadcasting (online TV, radio)
– Spam scripts, mail bombers
– Banner servers (commercial banner servers)
– Social networking sites, in particular those with free registration
– File dump/mirror scripts (similar to RapidShare)
– Pawn/bank bond sites and programs
– High-Yield Investment Programs (HYIP) or related sites
– Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/pyramid schemes)
– Any use of copyrighted content without permission
– Prime bank programs
– MUDs/RPGs/PPBGs
– Hate-inciting, racist, ethnic or religious propaganda content
– Sites, programs or content intended for hackers or crackers
– Sites that are offensive to public morals or have pornographic content
– Illegal website promotion activities
– Forums containing links, content or writings about hacker sites or content
– It may not run game servers (e.g. Counter-Strike).
3.7 Through its activities on the hosting, the Subscriber may not participate, either directly or indirectly, in sharing or transmitting illegal content (content infringing copyright or related rights to any extent) or content of such nature.
3.8 It is forbidden to damage the Service Provider’s name or reputation.
3.9 The Subscriber may resell the services provided by the Service Provider only if a reseller agreement has been concluded.
4.1 The Service Provider accepts reports of faults affecting the services operated on its servers at the customer service e-mail address [email protected] (in English: [email protected]) 24 hours a day, 365 days a year.
4.2 The Service Provider investigates fault reports in order of receipt and priority, and depending on the workload of the customer service.
4.3 The Service Provider investigates fault reports and remedies faults affecting the service during business hours (on business days between 9:00 and 17:00) generally within 1–2 hours, but no later than within 8 hours; outside business hours, at weekends and on public holidays generally within 12–24 hours, but no later than within 48 hours.
4.4 After investigating and remedying the fault, the Service Provider notifies the Subscriber that the fault has been remedied. If the fault cannot be remedied immediately, the Service Provider informs the Subscriber by e-mail of the expected duration of the repair.
4.5 Outside business hours, at weekends and on public holidays, the Service Provider operates an on-call service (typically service monitoring and system administrator supervision) in order to maximise the uptime of the services operated on its servers.
4.6 Requests, questions and reports that do not affect the continuous operation of the services, or that do not fall within the Service Provider’s competence or responsibilities, are processed during normal business hours (on business days between 9:00 and 17:00) by the general customer service, and are given low priority outside business hours.
The Service Provider is entitled to amend these General Terms and Conditions and publishes the amendments on the website. It notifies the Subscriber of the amendment by newsletter (e-mail).
6.1 The Service Provider is entitled to terminate the contract with immediate effect if the Subscriber breaches these General Terms and Conditions or fails to fulfil its commitments and obligations.
6.2 The Subscriber is entitled to terminate the contract with immediate effect if the Service Provider breaches these General Terms and Conditions or fails to fulfil its commitments and obligations.
6.3 The Subscriber is entitled to terminate the contract with immediate effect and to reclaim the subscription fee without deductions if, after the subscription fee has been credited, the Service Provider fails to provide the ordered service in accordance with Section 1.6 of these GTC.
6.4 The Subscriber is entitled to terminate the contract with ordinary notice or with immediate effect and to a pro rata refund of the subscription fee if the Service Provider does not provide, or only partially provides, the service and technical parameters undertaken on the website, or does not meet the availability defined in Section 2.1 of these GTC. The refund does not cover fixed-term services managed by third parties independent of the Service Provider (typically domain registration, SSL certificates).
6.5 The Subscriber may terminate the contract with ordinary notice or with immediate effect at any time during the subscription period without giving any reason. In this case, the subscription fee cannot be refunded.
6.6 The Service Provider is entitled to refuse the renewal of the contract without giving any reason and to terminate the contract with ordinary notice. The Service Provider is obliged to notify the Subscriber of the ordinary termination of the contract by e-mail at least 30 days before the end of the subscription period.
The contract enters into force automatically upon ordering and is concluded for an indefinite period. The contract may terminate if the conditions set out in these General Terms and Conditions are not met, if the Subscriber fails to fulfil its obligations (typically failure to renew the service or failure to notify changes in data), in the event of a breach of the provisions of these GTC or a breach of contract, or by termination in the cases specified in Section 6 of these GTC.
8.1 The Subscriber may request domain registration through the Service Provider, which is an intermediated service. By submitting the request, the Subscriber declares that it accepts the rules prescribed by the registry of the selected TLD (domain extension):
a) Rules for the .HU domain: http://www.domain.hu/domain/szabalyzat/szabalyzat.html
b) Rules for the .EU domain: https://eurid.eu/en/register-a-eu-domain/rules-for-eu-domains/
c) Generic international domains, gTLDs: www.icann.org (e.g. .com, .net, .info, .org)
d) Foreign country-code domains, ccTLDs: the rules of the given country and domain registry, of which the Service Provider informs the Subscriber separately by e-mail when a domain registration is ordered
8.2 The Subscriber declares that it accepts the decisions of the Service Provider and of the domain registry of the given TLD in matters relating to the application for, delegation and maintenance of the domain.
8.3 The Service Provider does everything that can be expected of it to register the domain name as soon as possible, but cannot be held liable for prolonged processing. The average processing time of a domain registration is 4–6 hours, but no more than 1 business day, for .hu domains; 1–2 hours, but no more than 1 business day, for .eu and international domains; and individually determined (generally 1 business day) for foreign country-code domains.
8.4 The Service Provider accepts liability for administrative errors related to domain administration (incorrect domain registration, incorrect recording of subscriber data in the registry’s system, failure to register or renew a domain name) up to the amount of the domain registration fee at most.
8.5 A domain name can be renewed at the current renewal fee only until the deadline given in the notification. In the event of non-payment or payment after the deadline, the Service Provider cannot be held liable for damages suffered by the Subscriber as a result of the expiry, inactivation or deletion of the domain name, or the loss of the domain name.
9.1 As data controller, the Service Provider records and protects the Subscriber’s personal data as detailed in the Privacy Policy.
9.2 When using the service obtained from the Service Provider, the Subscriber may store personal data in compliance with the applicable laws and the GDPR. In that case, the Subscriber qualifies as the “controller” and the Service Provider as the “processor”. The Subscriber (controller) is in all cases responsible for the lawfulness of the processing.
9.3 Where the processing defined in Section 9.2 applies, the processing covers the provision of the technical infrastructure (in the form of website storage and display, database and e-mail services) required for the processing carried out by the Subscriber (controller) in the course of providing the service defined in the contract.
9.4 The Service Provider ensures the confidentiality, integrity and resilience of its systems, and their availability in accordance with Section 2.1 of these GTC.
9.5 The Service Provider keeps its servers in the server rooms of Szervernet Kft. in Hungary. Only the Service Provider, its employees or its appointed system administrators have access to the servers. The Service Provider ensures that those with access are bound by confidentiality obligations. The operator of the server room has no access rights to the data stored on the servers.
9.6 Privacy Policy, GDPR:
Evolutionet Kft. is deeply committed to the lawful processing and protection of its Subscribers’ personal data.
Since 25 May 2018, we have complied with the European Union’s General Data Protection Regulation (GDPR).
The full Privacy Policy – which forms an annex to these General Terms and Conditions – is available at:
https://szerverzum.com/privacy-policy/
Neither party is liable for the performance of its contractual obligations where an unavoidable event beyond the control of the parties occurs. Such circumstances include, for example: natural disasters, fire, flood, orders of authorities, state of emergency, rebellion, civil war, war, strikes or similar work stoppages, server attacks, hacker attacks and unauthorised access.
11.1 The Service Provider and the Subscriber mutually declare and acknowledge that they have the capacity and authority to enter into a contractual relationship and to fulfil the resulting contractual obligations.
11.2 The parties agree that they will primarily seek to settle any disputes out of court.
11.3 The parties may enforce their legal disputes in civil proceedings before the Hungarian court having jurisdiction and competence. The contract and any legal disputes are governed by the laws of Hungary.
11.4 Matters not regulated in this contract are governed by the relevant provisions of the Hungarian Civil Code (Act V of 2013). The contracting parties declare that they will cooperate with each other in the performance of the contract, provide each other with the necessary information, and prefer an amicable solution to any disputes.