All mutual relations between System Bee ltd and the User, which are not specifically regulated by these Terms of Service, shall be governed by the provisions of the Obligations Act, the General Data Protection Act (EU679 / 2016) and other relevant regulations of the Republic Croatia.
For the purposes of understanding and interpreting the provisions of these Terms of Service and their application, certain terms used in these Terms of Service shall be deemed to have the following meaning:
(a) Terms – Terms of Service of Sysbee Service.
(b) Contract – a contract concluded between the User and the service Provider for the provision of a Service of which the constituent part is, irrespective of the form in which it is concluded, these Terms and Conditions.
(c) The Provider – refers to the “Sysbee” brand as part of System Bee ltd Marianijeva 11, 52100 Pula, Croatia, OIB: 44118711367.
(d) Sysbee – refers to Service Provider
(e) Website – refers to the Provider’s website at www.sysbee.net
(f) Service – covers all services listed on the Provider’s Website, which the Provider provides to Users in the course of their business;
(g) User – any natural or legal person using the services of the Provider, including natural persons who, in accordance with the Consumer Protection Act, have the status of a consumer;
(h) Content – any material, data, and information (including material of third parties) that the User publishes, stores, or distributes using the Service
(i) Rules – implies the eligibility rules of use that are apparent in Article 5 of these Terms
(j) Owner – the owner of the Service is the person with whom The Provider initially negotiated and arranged the Contract for the Services. In cases where the person who arranged the Contract is not the person who makes the payment for the Services provided by the Provider to the User, it will be considered that the Owner of the Service is the person with whom The Provider initially negotiated and arranged the Contract for the Services, while the person making the payment, will not be considered the Owner, but will be exclusively authorized to work with invoices and orders;
(k) Billing contact – the e-mail address provided by the Service Owner in the User Pages as the person in charge of managing offers, invoices and payments.
(l) Owner’s e-mail address – The e-mail address from which the order was originally made,
(m) Order – a written request for lease of Services by the User created by Customer Support,
(n) Activation of the Service – Activation of the Service refers to the date of activation of the Services leased by the User,
(o) Renewal proforma – an order for extending the lease of the Service sent to the User,
(p) Data Subject – a natural person, in accordance with the General Data Protection Regulation (EU679 / 2016),
(r) Data Controller – a legal person using the services of the Provider, in some cases also refers to the “Sysbee” brand as part of System Bee d.o.o., Marianijeva 11, 52100 Pula, Croatia, OIB: 44118711367.
(s) Data Processor – “Sysbee” brand of System Bee ltd., Marianijeva 11, 52100 Pula, Croatia, OIB: 44118711367.
2. Establishing a contractual relationship
Sysbee provides Services on the basis of a Contract concluded between Sysbee and the User of the Services, the integral part of which is these Terms. By entering into a Contract with the Provider, the User also undoubtedly confirms that it has read the content of these Terms and accepts them as binding.
The agreement is concluded between Sysbee, as the Provider, and the Owner of the Services, or the person with whom The Provider initially negotiated and arranged the Contract for the Services. Upon the request of the Service Provider, the User shall provide valid identification documents or other documents that the Service Provider may deem necessary for the purpose of establishing a contractual relationship in accordance with the General Data Protection Regulation.
3. Services set up, Services start and duration
The User can place an order by submitting a written request via the contact form on the Provider’s Website.
Upon receiving the order, the Provider will send an offer to the Customer for the ordered Services, which will be activated upon receiving the payment. Services are paid for, depending on the agreed payment model, in advance or retrograde.
Advance payment of the first offer is a prerequisite for activating, providing and extending the Service in both payment models. Payment shall be deemed to be completed at the time when the funds are fully deposited into the Provider’s bank account. Payment shall be considered as not completed until the funds have been deposited into the Provider’s account, regardless of the payment method, or if the full amount of the invoice or proforma invoice has been deposited into the Provider’s account.
The Service activation date is considered to be the beginning of the Service duration, unless the beginning of the Service is defined by a specific Contract or agreement between the User and the Provider. The Service duration is considered from the beginning of the Service until the Expiration Date (if the expiration date is 30.01., the Service expires at 30.01, or midnight between 29 and 30 January).
Certain Services have a specific duration, expiration date, and Terms by which the Service is extended and which are defined in the special additions to these Terms.
The User may at any time during the Service duration determine the exact Service expiration date on the User Pages, or by submitting a written request to Customer Support.
The service ends on the expiration date. After the expiration date, the Provider is no longer responsible for the activity and quality of the provided Service. The User may extend the service duration by paying the Renewal Proforma, thus extending the service to the new billing period.
The notice and instructions for extending the Service will be sent by e-mail to the Owner’s (or Billing contact’s) e-mail address at least 7days before the Service expiration date. The User may also request different ways and deadlines for receiving Service expiration notifications. The Provider is not responsible in the case of a failure in delivery of the Service Expiration Notice.
If the User does not wish to extend the Service, the User has to confirm the same in writing, in the form of an e-mail from the Owner’s e-mail address, or a stamped and signed request. If the User does not expressly declare that he no longer wishes to use the Service, the Service is automatically extended, and the User is required to pay for the use of the Service. In the event that the User has not paid for the use of the Service, the Service will be suspended.
The Provider has the right to refuse the Service request:
a) If there is a reasonable doubt that the identity or legal capacity of the User is incorrect or untrue,
b) If there is a reasonable doubt that the User intends to abuse the Services, or allow a third party to abuse the Service,
c) If there is reasonable doubt that the use of the service will undermine the stability of the service for other existing users,
d) If the User has initiated a pre-merger settlement procedure, bankruptcy proceedings or liquidation proceedings, if the User is overdue and / or unable to pay;
e) In other cases determined by this Contract or on the basis of its own assessment.
4. User Content
The Provider will not systematically track the Content that the User publishes, stores, or distributes using the Service. The User is obliged to ensure that its Content is in accordance with the Eligibility Policy and the applicable Laws.
The Provider may, immediately and without prior notice, take corrective measures on the Content, including removal of all or part of the User’s Content, exclusion or suspension of all or some of the Services, as well as termination of this Contract in the event of a violation of the Terms, in the event of a violation of the law or court decision.
In the event that the Provider takes corrective action for violation of the Rule of the Law, the Provider shall not be obliged to give the User any remuneration nor return the funds paid for the use of the Service.
The User hereby agrees that Sysbee will not be liable to the User or to any third party for any corrective action taken in the event of a violation of the Terms, including termination of the Service.
The Service Provider may access and modify the User’s content on servers or on a network for technical support, antivirus and antispam scanning, hacking attacks, back-up, eventual violation of the Contract, and any other requirements necessary for the execution of the Contract.
5. Eligibility Policy
The User agrees the Services will be used exclusively for legitimate purposes. The laws of the Republic of Croatia apply to this Contract and to the use of the Sysbee Services.
The following is a partial list of activities that are prohibited during the use of the Service and may potentially lead to temporary or permanent suspension of the User’s account or the Service without prior notice. In a particular order, the Services may not be used for, but not exclusively, hosting, display, spread, upload, download, transfer, transfer, distribute, reproduce, sell, link, and access to:
(a) Any Content or website containing material intended to promote illegal activity, unlawful, threatening, obscene, offensive, disturbing, defamatory, hateful, or infringing any part of this Agreement. The definition of such content is left to a free estimate of Sysbee;
(b) Any Content or website containing private or confidential information, including but not limited to credit card information, private phone numbers, addresses or private email addresses belonging to the User or a third party.
(c) Any Content or web site that is, according to the Provider, pornographic content, sexually explicit, obscene, or violent. The definition of such content is left to the free estimate of Sysbee;
(d) any Content or web site that encourages terrorism, violence against people, animals or property;
(e) Any Content or Website that can be used for remote hacking or bundling and which can be used as an open HTTP proxy;
(f) Any Content or Website that may be used or used for a “phishing” attack (theft of data);
(g) Any Content or website containing pirated software, malware, phreaking software, hacking, password breaking, DDOS control, penetration testing software, as well as sites that publish links to such materials and / or instructions as they are used.
(h) Spam or bulk emails, including, but not limited to, the use of the Server’s SMTP Service or mail script for sending spam through the Provider’s server Infrastructure. Similarly, it is not allowed to send such messages to the Usenet newsgroup.
(i) Hosting game servers is also not allowed due to potential DDoS attacks and licensing.
5.1. Content removal
The User is fully responsible for the legality, content, quality and truthfulness of information, applications, data, images, audio and video records as well as any other material offered and made available via web, electronic mail or other internet services.
Sysbee does not evaluate or determine, nor is it obligated to evaluate or determine the legality, quality, ownership and copyright of the published content that the User makes available through the Internet services. Sysbee completely distances itself from the Content published by the User. The User agrees not to disclose or transfer content protected by intellectual property rights (industrial property, copyright and related rights) without the consent of the owner or the holder of the right.
6. Rights and Obligations of the User and the Provider
6.1. Obligation to maintain contact data accuracy
The User is responsible for providing an e-mail address that is not a part of the Service, and that is not dependent on the Service, in order to maintain two-way communication. If there is a need for contact, the email address provided by the User will be used for this purpose.
The User’s responsibility is to ensure that his contact information is current and updated at any time during the use of the Service. The Service Provider is not responsible for inactivity of the Service due to obsolete contact information or e-mail filters on User’s side which have prevented the Customer from receiving notifications.
The User can check and modify this information through the User Pages, or contact the Provider’s Customer Support via email. Providing false contact information of any kind may result in termination of the Service and of this Contract without prior notice to the User.
6.2. The obligation of timely payment
The Service Provider will send a notice of the expiration of the Services and the Renewal Proforma offer via e-mail. Expiration Notices are sent on several occasions before the expiration date, depending on the type of Service. Renewal Proforma offer for Services with an expiration date apply to the period from the date of expiration of the Service until the end of the next billing period. The billing period for such Services is determined upon ordering the Service. The User may request a change of the Expiration Period for such Services by submitting a written request to the Provider.
In the case of advance payment model, the User is obliged to pay the Renewal proforma offer in due time, before the expiration date of the Service, if the Service is not canceled in a timely manner. Users using the retrograde payment model are obliged to pay the invoice for the services delivered according to the contractual payment deadlines.
In the event of an unpaid payment of the Service Renewal proforma offer, the Provider will discontinue the provision of the Service without informing the User. Should the User, due to a delay in payment outside the expiry date of the service, be liable to loss or damage, the Service Provider shall not bear any costs nor be liable for any loss or damage to the User.
6.3. Obligation to maintaining data confidentiality
The User commits to take appropriate technical, personnel and organizational measures against unauthorized disclosure and use of access data, such as a username and password, provided by the Provider of the Service.
The User is obliged to keep all user data confidential and available only to those persons who need to know such data and make sure that these persons are familiar with the confidential nature of such data. The User will adhere to the authorization and security procedures related to the use of the Service.
6.4. Backup and Data Loss
Backing up User data is the responsibility of the User. The Provider’s backup service is intended to back up the User’s data, but the Provider is not responsible for the data contained within the User’s Content. By accepting these Terms, the User agrees to assume the responsibility for their data and to perform their own backups of data regardless of the Provider.
In the event the Customer’s account has been cancelled or has not been extended, the Customer’s Content will be available for another 30 days after the expiration of the Service in a form of a backup archive. The user can reactivate the account at any time within 30 days of the expiration. The Provider is not obligated to give access to the archived content to the User or to send a copy of the Content in the event that the User has not extended the Service. The Provider also cannot provide any warranty as to the availability of the backup after this deadline.
The provider does not guarantee the security of data transmitted through the Internet. The Provider also does not bear the costs for damages incurred in the event that the User Content is downloaded if such Content is available publicly online.
6.5. Access to Customer Support
The User acknowledges that the correct use of the Services requires a certain level of knowledge related to electronic devices, computers, software, the use of the Internet, network protocols and the like and that the Provider does not provide such knowledge or provide education related to the same. The User will attempt to troubleshoot issues with the use of the Service that are unrelated to issues in the normal operation of the server, network services or other parts of the Provider’s infrastructure alone or with the assistance of a third party.
The Provider will provide the User with Customer Support through the electronic communications resources listed on the Provider’s Website.
The User is obligated to refer to the Provider’s Customer Support with due respect, without swearing or cursing, or any form of mistreatment. If the User is openly acting towards Customer Support in contravention of good behavioral standards, the Provider will warn the User of the same, and in the event the User continues with such behavior, the Provider may terminate the Contract unilaterally and without refunding payments.
6.7. Service ownership
The Owner of the Service is the person with whom The Provider initially negotiated and arranged the Contract for the Services. Requirements for a new password and access to the control panel, hosting package changes, changes to the offers or proformas, and any other change to the Service can only be approved upon request with from the Owner’s e-mail address.
If the owner wishes to authorize a third person to work with the Services (technical or webmaster contact), it must also be confirmed in writing, in the form of an e-mail or a stamped and signed request. The Owner can also do so via the User pages.
If the owner wishes to transfer ownership of the Services to a different person, the request must be sent in writing, in the form of an e-mail or a stamped and signed request.
Responsibility and possible disputes concerning ownership of the services, domains, design rights, and the like are the responsibility of the Service Owner.
The person or company to which the orders, offers and Renewal proformas are issued for, is not the owner of the Services, except in the case of the same person / company listed as the Owner of the Services.
6.8. Infrastructure maintenance
In order to provide the best possible level of service to the Users, the Provider will maintain regular infrastructure work. Whenever possible, all infrastructure work (hardware and software maintenance) will take place at a pre-announced time.
6.8.1. Scheduled maintenance
The planned works on the infrastructure will be carried out in the announced period, in the period agreed with the user, taking care that the works do not have a negative impact on the operation of the Service, in accordance with the technical possibilities.
In the case of planned works on the infrastructure for which the service is unavailable for a longer period, the Provider shall inform the User in due time.
6.8.2. Unscheduled maintenance
Unscheduled maintenance denotes infrastructure work that has occurred as a result of an analysis of system performance, system problems, etc., and must be completed as soon as possible to ensure infrastructure stability.
In the case of unplanned maintenance on the infrastructure, the Service Provider will endeavor to complete it during a period of low traffic. Unplanned maintenance will be announced by the Service Provider in advance if possible.
7. Shared hosting
The Provider sells, among other things, shared hosting technology. Due to the nature of shared hosting, as an individual user of a shared environment, and the possibility of adverse effects on other Users, the Provider reserves the right, at any time, to monitor User data and take measures to prevent damage to servers, network or other users. Measures may include suspending and modifying websites, blocking access, redirecting domains or IP addresses, and other actions. This applies only to Users of the shared hosting Service, and does not apply to users of other types of Services offered by the Provider.
Users who have purchased the Shared hosting Service may not resell web hosting to third parties as resellers.
7.1. Shared hosting resource limits
The User is aware that there are multiple shared hosting packages on the same shared hosting server, and that they all share the shared resources of that server. The Provider reserves the right to impose limits on the use of resources for a better overall user experience. The User agrees to these limits and is bound to abide by them. A single hosting package may contain multiple domains and related websites. If multiple domains are assigned to the package, then all domains share the total hosting package limit.
In the event that the User exceeds the limits of the hosting package for any reason, the User will be informed thereof, either by Customer Support or directly by the system. The User is obliged to respond to the notification and return within the limits of the purchased hosting package. If the User ignores the notification and does not return within the limits of the purchased package within two weeks of receiving notification, the Provider reserves the right to temporarily disable the Service. The Provider is not responsible for inactivity of the Service due to exceeding the limit of the Service.
8. Domain Registration
Upon accepting these terms, the User acknowledges that he / she is familiar with and accepts the rules of the registry for a particular top-level domain and is bound to be fully in accordance with them.
The User understands that giving a domain registration, renewal or transfer order does not guarantee that the Provider will be able to complete the process. The User agrees that when the order can only be partially fulfilled, the Contract is concluded only for successfully completed Services (e.g., from 5 domain registration orders, only 3 successfully registered, it is considered that the Contract was concluded for three successfully registered domains).
If the ordered domains are purchased in the meantime by a third party, the Provider will notify the User and offer him / her the choice or registration of a different domain name or the refund of the amount paid for domain registration.
The Provider accepts no liability if the ordered domain is in the meantime purchased by a third party between the order and payment period, or in the case of API errors, the domain name registers check that the ordered domain is free.
The domain name can not be changed after payment and registration.
8.1. Premium Domains
Premium domains are domains that the domain registers reserve in advance as domains of higher (purchasing) values. These domains appear as available domains, but their exact annual fee can not be known in advance when during the order process. If the User orders and pays for a premium domain that is available in the registry but does not have a standard pricing as the other domains in that TLD, and is a domain of a higher purchase value than the standard price (the so-called “premium” price), The Provider will notify the User and offer him / her the choice or registering other domains with the standard price instead of the premium domain, or the refund of the amount paid for the domains which cannot be registered.
The Provider assumes no responsibility for the situation where upon registering the domain, it turns out the requested domain is actually a “premium” domain.
The User agrees (when it is expressly required to fulfil the User’s request) that the Provider modifies the User’s contact information which is entered in the registry of certain top level domain TLDs. This includes (but is not limited to) TLDs that require the User to be locally present in the TLD registry country.
The Provider reserves the right to temporarily (and only for the duration of the domain transfer process) modify the contact information for domain transfer between registrars. The provider is required to return the contact information immediately after the domain transfer process is completed. If the Provider fails to update the contact information in a timely manner, the User is obliged to notify the Provider thereof and provide him with a certain period of time to update the User’s contact information.
In the period between domain registration and publishing content onto the domain, the Provider may post any information and content onto the domain, whether its or from third parties, or about its offerings and services. Content published by the Service Provider shall not be to the detriment of the User’s interest.
The Provider must remove the published content immediately after the User makes his own content available for publication. The Provider also has the right to publish its own content onto domains or hosting Services for which the User has not paid the invoice or did not receive a Renewal proforma offer from the Service Provider.
If the ordered domain contains a trademark to which a third party is entitled, the Provider reserves the right to request confirmation from the User that he / she has the right to use the trademark, or proof of trademark registration and trademark protection prior to registration of the paid domain. If the User has no right to use the trademark or if the stated right, trademark registration or trademark protection can not be proved, the Provider shall refuse the domain registration and offer the User the choice or registration of another domain without a registered trademark or refund of the paid amount for the domains which cannot be registered.
If the Provider registers on behalf of the User a domain containing a third party trademark to which the User has no right of use, the User shall bear responsibility for the damage against the third party, and the Provider reserves the right to claim compensation from the User in case of co-responsibility.
8.3. ICANN accredited registrars and domain registrars
By accepting these Terms, the User accepts the rights and obligations prescribed by ICANN and the domain registers, which are in accordance with the General Data Protection Regulation.
ICANN prescribes that the User is required to provide real and verifiable contact information for registered domains. When registering or transferring a domain, the registrar (or the registrar) will require the User to confirm their contact information, and it is considered that the delivery of these data is a prerequisite for the provision of the Service.
If the User does not take the appropriate action, the registrar may suspend the domain within 15 days.
The process for confirming and changing contact information requires the User to have a valid e-mail address to which a request for verification of contact information will be sent. The User is required to confirm his identity by taking the appropriate actions described in detail in the e-mail message sent to his / her email address when ordering the Service.
The Provider is not responsible for any damages caused by the suspension of the domain due to the User failing to confirm the contact information. The Provider is also not responsible for delivering the e-mail to the User.
8.4. Domain lease period
Domains are registered for a specific lease period, which is usually one year or more, and have a specified expiration date in the domain registry after which the domain can be deactivated and / or deleted at any time according to the procedure prescribed by the individual top domain registry.
The User is required to pay the Provider’s Renewal proforma offer to extend the domain before the domain’s expiration date. If the User fails to pay the Service renewal fee, the Provider is not required to provide the service at the price stated in the Renewal proforma offer, and may refuse to extend the domain and / or claim a surcharge for the higher cost of renewing an expired domain, of which the Provider will notify the User in a timely manner.
The notice and instructions for extending the service will be sent by e-mail to the Customer’s email address at least 7 days before the domain expires. The Provider is not responsible in case of a failure to deliver the Service expiration notice.
The Provider assumes no liability for damage caused to the User due to the User paying for the Service renewal after the expiration date, which includes (but is not limited to) damages for inactivity, suspension or deletion of the domain.
9. Prices and terms of payment
The prices of the Services are defined by the offer (or proforma) that the Provider sends to the User, and the Contract in case of signing a contract with the User, and which become binding for the User at moment of acceptance of the offer or by signing a Contract with the Provider “
The rest of the terms of payment are outlined in Terms of Payment.
The User is obliged to report complaints in a timely manner, and the Provider is obliged to consider the User’s complaint in a timely manner.
The Provider has the right to refuse the complaint if it is not caused by and omission of the Provider. For example, if the Customer has commissioned the Service by mistake and the Service Provider has provided the Service to the User, the Provider is not required to refund the Service fee.
The User may request a refund for the .hr and com.hr domains within 10 days of the registration, transfer or renewal of the domain. For a com domain (.com, .net, .org, .biz, .info), the User may request a refund within 4 days, exclusively for the registration of new domains.
The User must contact the Provider in time for the Provider to process the refund within the above deadlines.
The Provider does not provide refunds for any other TLDs except the ones mentioned above.
11. Cancellation of Services, suspension of Services, cancellation of Services and Contract termination
In the case the User wishes to cancel the Services, the User shall notify the Provider before the Services expire. The User may cancel only Services which have been fully paid for by submitting a request in writing, in the form of an e-mail from the Owner’s e-mail address, or a stamped and signed request.
The Provider will permanently disable the use of the Service 30 days after the Service expires if its renewal does not occur. Termination of the Service is also the termination of this Contract.
In case of cancellation of the service by the User, the Provider is not obliged to return the funds already paid.
The Provider is not responsible for any damage caused by the occurrence of force majeure as well as external, extraordinary and unforeseeable circumstances arising after the conclusion of the Contract that the Provider could not prevent, remove or avoid. The provider is not responsible for the services or products supplied by any third party, which are related or dependent on the Service Provider.
The Provider may, without further consent or notice to the User, disclose any information about the User to the authorities, in the manner prescribed by the legislation.
13.1.Personal data gathering and protection statement
We are committed to provide service of protection of our customer’s personal data in a way that we collect only essential basic information about our buyers that are necessary for fulfilling our obligations. We also inform our customers about the way we collect information and regularly give customers an option about how their information will be used, including the possibility to decide whether their name should be included or omitted from the lists used for marketing campaigns. All user information are strictly guarded and are available only to the employees who need those information for completing the job. All our employees and business partners are responsible to follow the principles of confidentiality protection.
14. Notice on filing consumer complaints
In accordance with Art. 10. of the Consumer Protection Act of the Republic of Croatia, Users who are consumers may object to the quality of the provider’s services to in written form:
- To the address of the Supplier: System Bee d.o.o., Marianijeva 11, HR-52100 Pula
- Via e-mail: firstname.lastname@example.org
- On the premises of the Supplier, in which case the Provider shall without delay acknowledge receipt of the complaint in writing.
The Provider will provide a response to the received complaint to the User in writing to his address, within 15 days of the receipt of the complaint.
The User and the Provider state that they will attempt to resolve all disputes peacefully and without involving institutions. In the event of a dispute, the Commercial Court in Pazin or the Municipal Court in Pazin, is competent, depending on the nature of the dispute.
16. Amendments to these Terms
In the case of changes to the Terms and Conditions exclusively for the benefit of the User, the change will apply to existing Users on the day of the publication. In the event of changes to the Terms which are less favorable to the User compared to the previously agreed upon Terms, the User may cancel the Contract without charge. Otherwise, the User will be deemed to agree to the changes.