Central user contract
General terms of Radicenter OÜ
1.1 In these General Terms, terms and definitions are used in the following meaning:
1.1.1. Radicenter – Radicenter OÜ, registry code 11685113, contacts on the web page (www.radicenter.ee);
1.1.2. Customer Account – the environment for ordering and administering the Services accessible through the web page of Radicenter;
1.1.3. Customer – holder of an Customer Account, any natural person or legal entity that has entered into an agreement for the use of the Customer Account;
1.1.4. Customer Agreement – an agreement on the basis of which the Customer shall be granted the right to use the Customer Account;
1.1.5. Contract – any contract entered into between Radicenter and the Customer;
1.1.6. Party – Customer or Radicenter; Parties – Customer and Radicenter together;
1.1.7. Service – any service provided by Radicenter, including Web-hosting Service, Domain Service or SSL Certificate Service;
1.1.8. General Terms of Service – general terms of a respective type of Service;
1.1.9. Service Contract – Contract for the use of a particular service of Radicenter, incl. the general terms of this type of service;
1.1.10. Web-hosting Service – Service, which consists of the allocation of server resource for the use by the Customer, together with any potential additional services (e-mail addresses, use of software, databases etc.);
1.1.11. Domain Service – Service, which consists of the registration of a domain name to the Customer or intermediation together with any potential additional services;
1.1.12. Contract Documents – General Terms, General Terms of the Services and Price List;
1.1.13. General Terms – these general terms of the services of Radicenter;
1.1.16. Price List – price list available on the web page (www.radicenter.ee), which provides the prices of the Services.
2. Central user contract and Service Contracts
2.1. Upon entry into the Central User Contract, the Customer accepts the General Terms.
2.2 Customer has right to use Customer Area for ordering Services and entering into Service Contracts.
2.3. The Customer uses the Customer area, incl. enters into and terminates Contracts personally. Customer undertakes not to intermediate or enable access to the Customer Area to any third persons, including not to disclose to any third persons user names and passwords.
2.4. All messages between the Parties having legal consequences must be in a format which can be reproduced in writing.
2.5. The General Terms shall apply to all the Contracts.
2.5.1. The types of Services (Domain Service, Web-hosting Service, etc.) have individual general terms, which apply to all Services. All Service have their own technical parameters (e.g., in case of the Web-hosting Service, the volume of the resource ordered), which are determined upon ordering the particular Service and which constitute an integral part of the respective Service Contract.
2.6. The Contract Documents of the contracts entered into by the Customer are available in Radicenter website.
3. Contact information
3.1. The contact data of Radicenter has been provided on the web page (www.radicenter.ee). Contact data forwarded to Radicenter by a Customer are published in the Customer Area. In case the contact data of the Customer (name, address, telephone, e-mail address, etc.) is changed, the Customer undertakes to immediately notify Radicenter thereof via E-Mail. The Customer may make the changes in the Customer Area on its own and shall thereupon be deemed to have fulfilled the notification obligation.
4. Entry into contracts
4.1. Contracts are concluded electronically. The Central user contract is concluded using the form on the web page of Radicenter. All the other Contracts shall be entered into through the Customer Area.
4.2. Radicenter concludes Contracts in the Estonian, English, and Finnish languages. In the application of the Contracts, the Estonian text takes precedence, incl. in the settlement of disputes.
4.3. The entry into the Central User Contract shall constitute a prerequisite for ordering any Service from Radicenter. No obligation to order any Services shall arise from concluding the Central User Contract.
4.4. For concluding the Contract, the Customer shall submit an order to Radicenter using the respective order form. Before the order is confirmed, the Customer has the possibility of checking their data and correcting mistakes, if necessary.
4.5. When ordering the Service, the Contract Documents relating to the Service shall be displayed to the Customer for examination, and upon submitting the order, these Contract Documents shall be deemed to have been accepted by the Customer. The Contract has been concluded from the moment when Radicenter sends a respective message to the Customer’s e-mail address.
4.6. Radicenter is entitled to refuse to enter into any Contracts in cases when the other Party has violated the terms and conditions of the use of any services provided by Radicenter or due to any other causes deemed considerable by Radicenter.
4.7. Any Customer who is a consumer is entitled to withdraw from the Contracts in fourteen (14) calendar days from concluding the Contract by submitting an application to Radicenter via E-Mail firstname.lastname@example.org.
4.7.1. The withdrawal right is not applicable if Radicenter has fully performed its contractual obligations, if the provision of the service commenced upon the clear consent of the Customer before the term of consumer withdrawal ended provided that the Customer who is a consumer acknowledged that they lose the consumer’s withdrawal right when Radicenter performs the Contract.
4.8. If a Customer who is a consumer has expressed the wish that the provision of service be commenced before the term of consumer withdrawal has ended, she shall compensate reasonable costs to Radicenter in the event of withdrawing from the Contract pursuant to subsection 562 (5) of the Law of Obligations Act.
4.9. Any amount paid by the consumer in excess of the costs shall be refunded immediately but no later than within 14 days from the moment the message of withdrawal from the Contract reached Radicenter.
5. Representations of the Parties
5.1. The Parties represent to each other that:
5.1.1. they are persons with passive and active legal capacity, no bankruptcy proceedings have been initiated against them, and no bankruptcy cautions have been filed. No dissolution resolution has been passed with regard to the Party that is a legal entity;
5.1.2. they have all the resources and skills for the performance of the obligations arising from the Contracts.
5.2. The Customer represents that:
5.2.1. prior to entry into the Contract, they have examined all the Terms and Conditions of the Contract (incl. the applicable General Terms and General Terms, and Price List), these are unambiguously understandable to them, and they are aware of the rights and obligations that emerge on the basis of the Contract.
5.2.2. all data submitted by them to Radicenter upon concluding the Contracts are correct.
5.3. The said confirmations shall be deemed to have been given upon concluding all the Contracts (incl. Central User Contract as well as any further Service Contracts).
6. Provision, amendment and suspension of services
6.1. Radicenter shall make reasonable and necessary efforts on its part to ensure the reliable operating of the Services; however, failures cannot be completely excluded due to the nature of the Services. The Customer shall immediately notify Radicenter of any problems that occurred upon using the Service.
6.2. Radicenter provides user support to its Services. Information about customer support is available on Radicenter web page www.radicenter.ee.
6.3. Customer is entitled to use the Service according to his or her wishes and needs but pursuant to its intended purpose. The Customer undertakes to use the Services in accordance with the Contracts, legislation, good customs and practice.
6.5. Radicenter is entitled to suspend the provision of Service to the Customer in case information is received that the Customer violates the rights of any third persons in using the Service. In case of any dispute with regard to the existence of any violations, Radicenter is entitled to suspend the provision of Service until the final settlement of the dispute between the Customer and such third person.
6.5. Customer undertakes to use the Services in accordance with the technical parameters of the ordered package. Upon discovering the non-conformity of the technical parameters , Radicenter shall propose to the Customer to bring the use of Service into conformity with the Contracts within one (1) week. If the Customer does not fulfill the request, Radicenter is entitled to limit the use of services or change Service Contract.
6.6. Radicenter is entitled to change the principles of using the Services, incl. any technology and software solutions used for the provision of the Service, by notifying the Customer thereof in advance.
6.7. Radicenter is entitled to suspend the provision of Service to the Customer in case the Customer is in delay in performing the Customer’s financial obligations or if the Customer is in breach of the Contracts in any other way.
6.8. Radicenter is entitled to restrict or suspend the provision of Service if the services of the other Customers of Radicenter are disturbed to a significant extent due to any circumstances that are beyond its control.
7. Fee for the services. Settlements. Amendments to the price list
7.1. The Customer undertakes to pay for the Services ordered, unless the Service is free of charge. The fees are provided in the Price List.
7.2. Customer’s obligation to pay for the Service shall arise upon ordering the respective Service. The obligation to pay the fee shall not depend on whether the Customer actually uses the Service or not.
7.3. Customer undertakes to pay a fee to Radicenter for the provided Service pursuant to the Price List available on the website of Radicenter. The payment shall be made in advance payments.
7.4. Upon termination of the Contract of the initiative of Radicenter or due to any violations by Radicenter, the Customer shall retain the right to recover the fee in the extent by which the prepaid fee covers any time period after the termination of the Service Contract. The costs of refunding the fee (incl. transfer costs) shall be covered by the Customer. Domain and SSL Certificate fees are not refunded.
7.5. Means of payment have been listed on the web page. In case of settlements by bank transfers, the invoice of the Customer shall be deemed to have been paid upon receipt thereof in the bank account of Radicenter, in other cases when Radicenter has obtained reliable information from any third person service providers through which the payment was made about the receipt of the payment.
7.6. Payment reminders are sent to the Customers by e-mail, and they are also available in the Customer Area.
7.7. Customer undertakes to immediately notify Radicenter if an invoice is incorrect or when the invoice has not reached the Customer in usual time, or to obtain the invoice on its own from the Customer Area. The fact that an invoice is delayed, lost, etc., shall not release the Customer from the obligation to pay for the Service in due time.
7.8. The Customer undertakes to pay the fee according to the terms and conditions indicated on the invoice.
7.9. Failures in the provision of the Service shall not release the Customer from the obligation to pay for the Service, except in case the Parties have agreed otherwise.
7.10. Radicenter is entitled to change the Price List.
8. Liability of parties
8.1. The Party shall be liable for any loss caused to Radicenter by violating the Party’s obligations arising from the Contracts, incl. for any loss caused by any third person having used the Service instead of the Party.
8.2. In case the claims of third persons are directed to Radicenter as a result of any illegal activity of the Party (incl. failure to perform any obligations undertaken to any third person), the Party shall also indemnify Radicenter for any loss incurred in connection with this.
8.3. Radicenter shall be liable for any direct material damage caused to the Customer by any violation of the obligations arising from the Contracts. The prerequisite for the liability of Radicenter is the intent or gross negligence of Radicenter. The liability of Radicenter shall be limited pursuant to the specific Contract and the General Terms, except when the loss arose as a result of intent or gross negligence.
8.4. Radicenter shall not be liable for any loss that arose to the Customer in connection with:
8.4.1. power interruptions not dependent of Radicenter;
8.4.2. failures of communication lines not controlled by Radicenter;
8.4.3. Attacks originating from the Internet;
8.4.4. Non-compliance of Service with the needs of the Customer.
8.5. Non-performance or improper performance of the obligations arising from the Contract shall not be regarded as a violation of the obligations by the Party, provided this was caused by any circumstances the occurrence of which the Parties did not and could not foresee upon concluding the Contract. The Party whose performance of contractual obligations is hindered by any such circumstances is required to immediately notify the other Party thereof.
8.6. Non-performance or improper performance of any obligations arising from the Contract shall not bring about any liability to the Party, if this is caused by the performance of any obligation unavoidably arising to such Party as a result of the law.
9. Privacy and processing personal data
9.1. Hereby, the Customer who is natural person confirms that they give their consent to Radicenter to process the data which they have disclosed to Radicenter upon concluding the Contracts or which is collected about the Customer who is a natural person in any other manner in the course of concluding or performing the Contracts.
9.2. Radicenter is entitled to use the personal data for the provision and further development of the Services.
10. Term, amendment and termination of contract
10.1. All Contracts, including Central User Contract and Service Contracts shall be entered into without a term. Service Contract term depends on existing prepayment.
10.2. Radicenter is entitled to amend all the Contracts and Price lists by notifying the Customers concerned at least thirty (30) calendar days in advance.
10.3. Customer who does not agree to the amendments made by Radicenter to the Service or the Contract Documents (incl. the Price List) is entitled to cancel the amended Contract. Customer shall retain the right to cancel the Contract so that it terminates before the amended Price List becomes valid.
10.4. Unless otherwise provided by the Contract, either Party is entitled to cancel the Contract without stating any reasons by notifying the other Party thereof thirty (30) calendar days in advance. In case of any fixed-term Service, the Customer may also cancel the Contract constituting the basis for the Service, if Radicenter does not refund the fee that the Customer paid to Radicenter for the respective Service until the expiry of its agreed term.
10.5. With reasonable prior notification, Radicenter is entitled to ordinarily cancel any fixed-term Contract, if it abandons the provision of a respective service or resource.
10.6. Radicenter is entitled to terminate the Central User Contract without any prior notice upon the expiry of two (2) months from the termination of the last Service Contract in force due to any reason.
10.7. Radicenter is entitled to unilaterally cancel any Contract without any advance notice term by notifying the other Party thereof in case the other Party essentially violates the terms and conditions of any Contract and does not stop the violations immediately upon the receipt of a respective demand from Radicenter.
11. Final statements
11.1. The Contracts shall be governed by the legislation of the Republic of Estonia.
11.2. Any disputes arising from the Contracts shall be solved by means of an agreement between the Parties. If the Parties cannot reach an agreement, the disputes shall be settled at the Harju County Court. A Customer who is a consumer retains the right to turn to the consumer complaints committee pursuant to the terms and rules provided in the Consumer Protection Act of the Republic of Estonia.
11.3. The limitation period of the claims arising from the Contracts is one (1) year.