Terms and conditions of use

Terms and conditions of using services provided by the MyCity agency.

 

This page defines the obligations and guarantees that exist between the MyCity agency (further: Provider) and the User of the MyCity hosting services (further: User).

 

1 – Obligations of the Provider

Before the User conducts a financial transaction to pay for a certain hosting service, both sides must first agree on that in writing (via e-mail).

The Provider is obliged to provide the hosting service the User has paid for within 48 hours from the payment.

The Provider is obliged to provide uninterrupted work of hosting servers and services for the duration of the hosting service’s rent, as well as ensure that the services must be functional and operational for the 99% of month’s time, unless in cases where this is prevented by a higher power, which is explained in detail in the article 2 of this document.

The Provider is also obligated to monitor the hosting service and servers for the duration of the hosting services’ rent, to regularly install new hosting software versions, as well as create complete copies of the User’s websites for backup needs. Aside from the daily copies, the Services Provider is obligated to create one monthly copy, once a month.

The Provider is obligated to contact the User at least 15 days before the rent term of the hosting service ends, so that both sides can arrange for the continuation of the hosting services provided. The Provider contacts the User via e-mail to inform him of the hosting services’ rent term expiration and notifies the User about the price of extending the hosting services already in place. This notification will be sent onto the e-mail address that the User has given when purchasing hosting services, or onto the e-mail address which the User has specified for the needs of receiving notifications from the Provider.

The User can, but is not obligated to, extend the hosting service. If the User does not make the financial transaction (for extending the hosting service) before the expiration of the period of time for which the hosting was purchased, the Provider may suspend providing the hosting service to the User.

The official means of communication between the parties in the agreement is electronic mail. The Provider will send all the notifications to the e-mail address that the User has given when purchasing a hosting service, or to the e-mail address that the User has specified for the needs of receiving notifications from the Provider.
The Provider is not obligated to use the telephone as a means of communication or to use the telephone to give notifications to the User.

The Provider is obligated to notify the User without delay in case of potential problems or disrupted functionality of the hosting services and servers, if the Provider is aware of these problems and disruptions, and the Provider is also obligated to do everything in their power to solve the problem.

The Provider is obligated to notify the User in a timely manner about any potential works on the hosting server which would result in disruption of the hosting service for more than two minutes.

The provider guarantees that their actions will not be in violation of the confidentiality of the User’s data which is located on the hosting servers, unless in cases specified by the law.

The Provider is obligated to provide all the access parameters for administrating the hosting service that is paid for.

The Provider is obligated to respond via e-mail to any request for technical support, between 09:00-24:00 on working days and between 13:00-24:00 on non-working days, within four hours from User’s sending of the mail. Technical support is free.

The Provider confines the technical support within the area of their expertise, and offers support only for the hosting services. All other types of support, help with CMSs as well as assistance in solving specific problems will be agreed upon later and will be charged 10 EUR for a working hour.

The Provider will provide all the data required for the User to set up their e-mail client (the mail-access software, such as Outlook or Thunderbird). But, setting up the mail clients on the User’s computers does not come under free technical support. If the Provider’s free time allows it, they can offer the User to set up the mail clients over TeamViewer. This service is charged 5 EUR per configured mail. The User can, in any case, access the Webmail, which requires no setup.

Our free technical support for hosting services encompasses consultations, providing instructions and answering all questions related to following services:

• Apache (Web service)
• nginx (Web service)
• PHP
• MySQL (database)
• ProFTPd and vsftpd (FTP services)
• Mail services (POP3, IMAP, SMTP, SSL/TLS encryption, Webmail Roundcube, Exim4, Dovecot, SpamAssassin, ClamAV)
• DNS services (Bind9)
• Memcached service
• Hosting control panel (cPanel, myVesta)
• Consulting related to hosting services and domains in general.

In case of a hardware failure on a hosting server, the Provider will, without delay, ask the Datacenter Service Provider to replace the non-functioning hardware.

In a case of irreparable hardware failure on a hosting server, the Provider will, within 24 hours, provide another hosting server, and transfer the contents (User’s websites) on a new hosting server (from backup). In this case, the User has the right to ask for a refund for the current month’s paid services, or to give up on the hosting services paid in advance and ask for a refund of the money paid.

The Provider cannot, without User’s approval, add any content onto User’s hosting account, or install any software that the User has not asked for.

If needed, in order to protect both contractual parties, as well as to protect third parties, the Provider retains the right to remove from the User’s hosting account any content or software which is contrary to the law, or causes damage to a third party, as well as temporarily suspend the hosting service or the whole User’s account which is used to distribute said content, cause damage or perform acts which are in violation of the law.

The Provider is obligated to immediately notify the User in described situations and to provide advice which would help prevent similar situations.

If the Provider realizes that the User breaks the previous articles out of their own will, the Provider retains the right to permanently suspend the User’s hosting account.

The Provider is not responsible for any content added to the hosting account of the User.

The Provider is not obligated to migrate User’s websites from/to another server, unless specified differently in mutual agreement.

If the User wishes to migrate their websites to another server, the Provider is obligated to allow access to the files and databases that the User is hosting, for the purpose of migrating websites, even if the rent of the hosting service has expired. The Provider is obligated to keep the copies of files and databases that the User has hosted for 30 days after the rented hosting services have expired.

 

2 – Cases of higher power (vis maior) and exceptions

The Provider does not guarantee uninterrupted operation of services in cases where factors that influence the operation of the hosting services are not dependant on the Provider. Only in those cases does the Provider not guarantee that the hosting services will be functional and operational for 99% of month’s time.

Those factors can be as follows:

• Natural disasters
• Interruption on the international, long-distance or internal links for broadcasting internet traffic
• Interruption of the power supply in the Datacenter
• DDoS hacker attacks
• Hacker infiltration into the server
• Malware software inserted by a hacker
• Software oversight which is not made by the Provider
• Inability of the Internet Service Provider to fix the hardware problem on a server within 7 hours

We advise the User to do their best not to infect their computer with malware software which could send e-mails from the hosting server en masse, or infect the User’s website(s).

The Provider does not guarantee that the hosting server will not end up in anti-spam blacklists because of excessive e-mail sending (sending of offers or newsletters from the hosting server, or due to malware software). The Provider will do everything in their power to prevent this, by using protective filters which control the number of e-mails being sent from the hosting server.
In case that the hosting server is blacklisted, the Provider will do their best to eliminate the source of SPAM from the hosting server and to remove the server from anti-spam blacklists. The Provider cannot guarantee how long it would take to remove the hosting server from anti-spam blacklists. If the User insists that the server be removed from the anti-spam blacklists immediately, the Provider will offer the User to rent a separate VPS server, with separate IP address, which is not on an anti-spam blacklist.

It is advised that the User, as well, takes care about not introducing malware into the hosting account and to regularly update the website’s CMS, if the website has a CMS.
If the malware enters the User’s website, the Provider is not obligated to remove the malware from the website, because the malware did not enter the website due to Provider’s fault.
The Provider may offer assistance in removing the malware software, which is charged 10 EUR for a working hour.
(NB: If the malware endangers the hosting server, a third party, an internet link or resources used by other Users, the Provider may temporarily or permanently suspend the User’s hosting services.)

If User’s websites have a larger number of visits than provided by the hosting package, or if they use processor resources much more than intended, the Provider will offer the User to switch to a larger hosting package, or offer transfer to another hosting solution. The Provider will clearly state required monetary compensation to switch to a larger hosting package. In order to determine the number of visits on User’s websites, the Provider may ask for access to the Google Analytics statistics for said websites. If the User does not agree to switch to a larger hosting package or to another hosting solution within 24 hours, the Provider can suspend the User’s hosting services due to overloading the server, all in order to preserve the stability of the hosting servers. In this case, the User has the right to ask for a refund, but only for the unused time period which remains, but has been paid for in advance.
If the User accepts switching to a larger hosting package, the monetary compensation for it can be made within 15 days. In case that the User does not make the payment within the specified time period, the Provider may suspend the User’s account.

If the Provider, for any reason, is no longer capable of (or refuses) offering hosting services to the User, the User has the right to ask for a refund, but only for the unused period of time that remains and which has been paid for in advance as part of the hosting package.

 

3 – User’s obligations

Before the rent term for the hosting expires, the User is obligated to notify the Provider whether they intend to extend the term of the hosting service. In the case of extending the hosting services, the User is obligated to make a payment of the funds previously agreed upon (for the hosting services’ extension) before the already rented term ends.

The User is bound to use hosting services in compliance with common law of the Republic of Serbia, as well as in compliance with international conventions and customs.

The User must not use the hosting services for sending e-mails en masse, sending newsletters, sending SPAM, or to conduct criminal acts or cause damage to third parties.

The User must not keep pirated or pornographic content on their hosting account, or any other content or software which would be in collision with the law or which could cause damage to third parties.

The User is responsible for all the content on their hosting account.

The User must not install “cracked” or “nulled” software (cracked or nulled template and plug-ins) on their hosting account, i.e. on their websites, because such software usually contains PHP malware, which endangers the server’s functionality and presents a threat to everyone involved.

 

 

MyCity – Internet Service Agency
Current account: 160-304683-58
Tax ID Number: 105202053
Company Registration Number: 60855161
Commercial Activity: 6312