These terms and conditions (hereinafter the "Terms") govern the mutual rights and obligations between the operator of the CHOST.cz service (hereinafter the "provider") and the customer (hereinafter the "customer") in the provision of hosting and related services.
Provider:
By submitting the order form or concluding the contract, the customer confirms that they have read these T&C and agree to them.
The contract is concluded at the moment the provider sends the customer an order confirmation by email. The provider reserves the right to reject an order without giving a reason.
The customer is obliged to provide truthful and complete contact and billing details. The provider is not liable for damages arising from incorrect details.
Service prices are listed on the chost.cz website. The provider reserves the right to change prices. A customer with whom a contract has been concluded will be notified of a price change at least 30 days in advance.
Payment is made in advance based on an invoice or proforma invoice. Failure to pay an invoice by the due date may lead to suspension or cancellation of the service.
Prices are stated excluding VAT unless expressly stated otherwise. The provider is not a VAT payer (until it meets the statutory limits under Sec. 6 of the VAT Act).
The services are also provided to customers outside the Czech Republic, in particular in Slovakia and other European Union countries that use the euro. Prices for these customers may be invoiced in EUR at the current conversion rate. At this time, the Provider does not provide services to customers outside the European Union.
For selected hosting plans, the provider may offer a trial period during which the service is provided free of charge. The offer applies only to new customers, at most once per customer. The provider states the length of the trial period and the plans it applies to in the specific offer.
About 14 days before the end of the trial period, the Provider issues the customer a proforma invoice for the next period at the price valid for the given plan. Payment of this invoice is entirely voluntary: if the customer pays it, the service continues as usual; if not, the trial period ends, the service is suspended and subsequently terminated. No amount is charged automatically and the customer has no obligation to continue.
The customer may end the trial period at any time in the Client Zone. Nothing is paid for the duration of the trial period. Any separately ordered and paid services (in particular domain registration) do not expire upon cancellation of the trial period and are governed by their own terms.
The provider undertakes to:
The provider is not responsible for outages caused by a third party (upstream providers, DDoS attacks exceeding the protection capacity, force majeure).
The customer undertakes to:
The following is prohibited from being hosted or run on CHOST.cz servers:
A violation of the AUP entitles the provider to immediately suspend or delete the service without any claim to a refund of fees paid.
The provider strives for 99% availability measured monthly. No contractual guarantee in the form of an SLA (Service Level Agreement) is provided for this availability – it is a best-effort basis.
The provider's liability for damage caused to the customer is limited to the amount of the price paid for the given service for the last calendar month. The provider is not liable for lost profit, data loss or other indirect damages.
The contract is concluded for a fixed term corresponding to the paid billing period. The customer may terminate the service at any time by sending notice by e-mail; fees paid for the remaining period are not refunded unless agreed otherwise.
The provider may terminate the contract with a notice period of 30 days, or immediately in case of a breach of the AUP (Art. 7).
If the customer is a consumer, under Section 1829 of the Civil Code they have the right to withdraw from a contract concluded at a distance (over the internet) without giving a reason within 14 days of the conclusion of the contract. To meet the deadline, it is sufficient to send the withdrawal before it expires, by e-mail to [email protected] or in writing to the provider's registered office.
If a consumer withdraws from the contract, the provider will return to them without undue delay, no later than within 14 days, all funds received from them under the contract, in the same manner in which they were received.
Start of service provision before the period expires and loss of the right of withdrawal: The Provider's services (web hosting, game servers) are usually activated immediately. If the consumer expressly requests that the service start already during the 14-day period (which they do by ticking the relevant consent when ordering), they acknowledge that:
For a free service (e.g., a free plan), nothing is refunded, as the customer paid nothing.
If the customer finds that the service provided is defective or does not match the agreed parameters, they have the right to file a complaint.
The processing of customers' personal data is governed by the document Personal Data Protection Policy.
These T&C are governed by the law of the Czech Republic. The parties will try to resolve disputes amicably. If that is not possible, the court at the provider's registered office has jurisdiction.
A consumer has the right to out-of-court dispute resolution through the Czech Trade Inspection Authority (ČOI) – www.coi.cz.
The provider operates a partner (affiliate) program in which a customer earns service credit for referring new customers. Participation and rewards are governed by a separate document, Partner Program Terms, which is a special agreement to these Terms.
The Provider reserves the right to change these T&C. The customer will be notified of the change at least 30 days before it takes effect. If the customer does not terminate the contract by then, this is considered acceptance of the change.