General conditions of the provision of telecommunication services
(hereafter referred to as General conditions, short form "GC")
1. Validity and definition of fundamental terms
- These General conditions apply to the provision of internet services by the provider on server www.westmaster.com
- Services in conformity with these General conditions may be provided on contractual basis solely. Agreements aberrant from these conditions must be confirmed in writing by both parties.
- The service provision contract comes into effect on the day stated in it and remains valid over the stipulated period or with indeterminate duration with the period of notice stated in it.
- Provider of the telecommunication services is WestMaster, identification number of the organization: 201326293E, which is the provider of internet services, hereafter only referred to as "provider".
- The user is a person who has a closed contract on the provided internet services with the provider or dealer of the provider. A dealer is in accordance with these General conditions also a user. A user is an individual or legal entity who lawfully accepts services on the basis of a stipulated contract. For the purposes of service provision contracts user is to be understood as the term customer.
- A dealer is a person who represents the provider as a middleman or acts under his/her own name as commercial agent at the provision of internet services of the provider on the basis of a contract with the provider.
- A subsupplier is a person supplying part performance to the provider which is necessary for the provision of internet services.
- The evaluation period is a period in which all contract clauses of these General conditions except for clauses concerning payments for provided services apply to the user.
- A binding order is an act of the user with effects of a contract, provided that it is accepted by the provider.
- A server is a system of technical and organizational resources of the provider which is connected to the Internet network.
- The internet network is an environment composed of the computer network of the provider and computer networks of third parties.
- Internet services are services which the user uses on the basis of a contract. It is a matter of www site placement on a server of the provider, e-mail services, connection to the internet, creation of www sites, promotional services on the internet, and alike.
- Rack space is space for placing servers in a data rack. The basic unit is one rack (the entire data rack), in case of leasing of parts of a tack the space is expressed in the number of U positions.
2. Provided internet services
- Based on an order the provider provides the user with access to the computer network which is connected to the internet. For that purpose a modem connection via commutated or fixed line of the unified telecommunication system is established. The establishment of this connection can be ensured by the provider on basis of a separately stipulated contract.
- The user will obtain the hardware and software equipment necessary for the access on his own charge. A contingent supply of hardware and software for this purpose may be negotiated between the user and the provider by a separate contract.
- Access is available at any day or night hour, 7 days a week. The range, resp. the duration of this access is subject of the stipulated contract. The provider reserves the right of operational interruption of the access for an inevitable period of time for the purpose of alterations and repair works carried out to the computing system. If possible he will notify the user about this fact with the greatest possible lead time. In accordance with his technical and operational possibilities the provider will clear contingent failures restraining the access as quickly as possible.
- For the purpose of failure notifications the provider maintains support on e-mail firstname.lastname@example.org On-site Technical support is available 24 hours a day, 365 days a year. During this time the technical support workers are ready to intervene in case of any problems related to the service.
- Provided services are designated for the contractual partner solely and may not be made available for third parties.
- If non-interactive data transfer via electronic mail is a subject matter of the stipulated contract the provider will guarantee a maximum time of 2 hours of file transfer delay in his system. The provider doesn’t vouch for delays caused by third parties, particularly delays caused by connection lines.
- The provider is entitled to change the IP addresses of a user if the network routing will require that.
- According to the range of ordered services the provider will ensure continuous operation of the user’s domain, i.e. he will ensure the access of internet network users to the www sites of the user, the access of the user to his e-mail boxes and the possibility to update the content of www sites via FTP. The domain operation can be ensured by the provider on basis of a separately stipulated written contract.
- The user will become owner of the domain name, by no means the provider or dealer or middleman. The provider will ensure the domain name registration. Registrations of CZ, COM, ORG or NET domain names are valid for 1 or 2 years and thereafter get renewed on payment of a fee.
3. Data protection
- Both the provider and the user are obligated to consider all data related to the provision of the service as confidential and they may not be made accessible to third parties.
- When transferring data and files the provider guarantees the telecommunication secret in accordance with telecommunication law. Should the provider get to know any information about the user during service provision he will not make this information accessible to third parties without the user’s approval within the scope of generally valid legislation.
- The user himself may take his own steps to protect and conceal his transferred data, for example by the help of encryption or coding. He, however, must do that in a way which is compatible with the communication system of the provider, i.e. keep the possibility of data transfer.
- The provider is not liable for damages the user might suffer in consequence of Internet network dropouts, delayed supply or data damage during transfer. The provider is not liable for damages caused by secret data transfer.
4. The user’s duties
- When making use of the services the user may not infringe on the computer system of the provider by other means than the stipulated one, he particularly may not move about in other directories than those which are made accessible to him or use system commands by which he would change the settings or the operation of the system.
- The user will not use the network in a way by which he would discommode other users of the network, he will particularly refrain from a nonspecific spreading of unsolicited electronic mails (spam).
- The user will ensure the correctness and technical accuracy of published information in the network, i.e. of routing information and further information concerning the domain of the user within DNS. The user will not connect unregistered networks and spread their routing information in the network.
- If the provision of access to another computer system (network) is a subject matter of the stipulated contract the user will have to respect the conditions of access to and protection of that system (network).
- The user may not make use of internet services for the purpose of transferring information the content of which would be contrary to the legislation generally valid in the Czech Republic.
- Should there be any sites displayed which are contrary to the legislation generally valid in the Czech Republic or contrary to good manners the provider will initiate termination of the operation of such sites or he will terminate their operation immediately.
5. Service prices, their charging and settlements
- Prices for stipulated services are contractual prices according to law no. 526/90 Collection of Law. These are based on the valid price list of the provider. The price list of internet services is displayed on the internet at the following address: www.westmaster.com.. The period of notice amounts 3 months and starts running from the first day of the month following the delivery of the notice of cancellation to the other contracting party. Contingent divergences from this price list may be subject of an individual agreement.
- Prices of stipulated services are invoiced quarterly or monthly always according to the stipulated tariff. The maturity period of invoices amounts ten days. The user is obliged to cover all liabilities within the due date. In case of nonpayment of the invoice within 10 days after the due date the user may be prompted in writing by registered letter conveyed to the address in accordance with the contract to pay the liabilities towards the provider without delay. The due date is being understood as the day of crediting the account of the provider. If the claims will not be met by the user even after 20 days after the maturity day the provider may interrupt the operation of the provided internet services, i.e. block the access of the user and other users of the Internet network to the provided services. For each day of default stipulated damages in the amount of 0.05% of the amount due will be charged. If the user doesn’t cover his outstandings within 30 days after the due date of the invoice the provided service will be cancelled (e.g. cancellation of the connection, mail, domain management, etc.). The issue of a request for payment and the costs linked to keeping its record are subject of a fee of 20 % of the invoice on the next invoicing date. The relaunch of a cancelled or interrupted service is then charged with the installation fee to full extent according to the service version.
- If the contract expires before the fixed term for which the contract was concluded, the User shall pay the Provider reimbursement of 20 % of the sum of the monthly fees remaining to the end of the agreed fixed term, or 20 % of the agreed minimum monthly payment sum remaining to the end of the agreed fixed term of the contract.
- Should the user be unable to use the services due to a system failure over a time period longer than 6 hours since the user’s failure report on one day the user will be eligible for a decrease of one thirtieth of that month’s price. Should the service be inaccessible for the user due to a system failure for more than 6 days within one month the fee of that month will be refunded to full extent on user request. Refunds of fees or their parts are realized by decreasing the amount when the service is charged for the following month, only if that is not possible they are realized by use of an invoice issued by the user on the first day of the following month. The user acknowledges that in case of a server dropout or during an authorized detention of the services or their termination in compliance with the conditions of the contract or with the General conditions, the provider does not bear responsibility for contingent damages respectively for the user’s lost profit which would be related to the provision of services. The user may not judicially or otherwise assert claims for any other compensation than a decrease in compliance with article 5.4 of these General conditions against the provider.
- The provider does not bear responsibility for contingent damages or the user’s lost profit related to the usage of internet services of the provider.
- The provider is entitled to adjust the prices of his services in dependence of demonstrable input increase (electric energy and more)
6. Final provisions
- In case of gross or repeated violation of these General conditions, especially of article 5. of the GC, the provider reserves the right of immediate notice of the contract on service provision, i.e. among others the immediate interruption or cancellation of provided services.
- Contract termination on behalf of the user and carrying away the HW is only possible after meeting all liabilities resulting from the contract and valid service price lists.
- The provider is not liable for damages caused to the user as a consequence of service interruptions according to articles 5.2 and 6.1 of these General conditions.
- Contingent divergences from these General conditions if negotiated between the provider and the user must be in written and mutually signed form. The provider is entitled to change these GT with the qualification that he is obligated to publish them via the address of www.westmaster.com one month before they come into effect.
In Singapore, published at www.westmaster.com on 1/1/2014, in effect from 2/1/2014.
Phe Sim Boon, CEO of WestMaster