Terms of use for company services

Terms of Services of the Company 

DHH Ltd Pula

Recitals

These Terms of Services of the company DHH Ltd Pula (hereinafter referred to as: Terms of Services) regulate relations between company DHH ltd, with the seat in Pula, Nobileova 20, registered in the Court registry of the Commercial court in Pazin under the identification number 130039906, PIN (Personal Identification Number) 25444746329, as provider of services provided by DHH Ltd Pula within its scope of services, which services are published on website www.plus.hr and known/presented through brand “Plus Hosting” and user of service, as defined by the following provisions of these Terms of Services.

All relations between company DHH Ltd Pula as Provider, and User, that are not specifically regulated by the provisions of the these Terms of Services, shall be subject to provisions of the Law on Obligations, General Data Protection Regulation (EU 679/2016) as well as other relevant regulations of the Republic of Croatia. 

Aimed at understanding and interpretation of provisions of these Terms of Services as well as their application, it shall be considered that certain terms used in these Terms of Services, have the following meaning:

1. Terms

(a) Terms – terms of services of Plus Hosting services.

(b) Contract – contract concluded between User and Service Provider on providing Services with these Terms forming integral part of that Contract, irrespective of the form of the Contract.

(c) Provider – related to “Plus Hosting” brand as part of DHH Ltd, Nobileova 20, 52100 Pula, Croatia, PIN: 25444746329.

(d) Plus Hosting – related to Service Provider.

(e) Page . Related to Provider’s web page at address www.plus.hr 

(f) Service – includes all services listed on Provider’s page, provided by the Provider to Users within its scope of activity,

(g) User – owner of service, every private person and legal entity using Provider’s services, which includes private persons having status of consumer in terms of the Law on Consumers’ Protection.

(h) Rules – implies Rules of Use Eligibility as stated under Article 5. of these Terms of Services.

(i) Content – any material, data and information (including the third parties’ material) published, kept or distributed by User with use of Service.

(j) Price List – valid price list of Provider, defined in Article 10. of these Terms of Services, which are publicly published by the Provider on its web pages, acceptance of which is confirmed by User by concluding the contract and accepting these Terms of Services.

(k) Warranty – 45 days warranty offered by Provider for its shared hosting services. Warranty does not cover other services such as domain registration, VPS, dedicated server, Plus Expert services, SSL certificates, etc.

(l) Owner – Owner of Service is considered to be the person who owns e-mail address used for the first order of Service. Should the person who owns e-mail address used for the first order of Service be the same person who performs payment  of services provided by the Provider to the User pursuant to concluded contract and these Terms of Services, it shall be considered that owner of Service is a person who owns e-mail address used for the first order of Service, whilst in case when a person performing payment is different from a person who owns Service, person performing payment shall not be considered owner but such person shall be authorized to handle invoices, only.

(m) Administrative e-mail address – e-mail address used for the first order on Plust Hosting web page.

(n) Order – written request for lease of Service by the User, created through Provider’s pages or by the Customer Support.

(o) Service activation – Service activation relates to the date of activation of Service leased by the User.

(p) Offer for Service extension – written order for extension of lease of Service automatically sent to the User. It can be send by the Customer Support at User’s request.

(r) Data subject – private person, in accordance with the General Data Protection Regulation (EU679/2016).

(s) Controller – legal entity using Provider’s services, in some cases related to “Plus Hosting” brand as part of DHH Ltd, Nobileova 20, 521400 Pula, Croatia, PIN: 25444746329, as well.

(t) Processor – “Plus Hosting” brand as part of DHH Ltd, Nobileova 20, 52100 Pula, Croatia, PIN: 25444746329.

2. Establishment of contractual relation

Plus Hosting provides services pursuant to Contract concluded between Plus Hosting and User of Service, that these Terms of Services are integral part of. By concluding the contract with Provider, User expressly confirms that it has read the content of these Terms of Services and that it accepts them as obligatory.

By purchasing and / or using Plus Hosting Services, User agrees to Terms of Services. If the moment of signing or other digital acceptance cannot be determined with certainty it shall be considered that Service is activated by accepting these Terms of Services, signing the Contract or payment in accordance with clause 10. of these Terms of Services. Contract is concluded as distance contract and is subject of the Law on Consumers’ Protection (Official Gazette no. 41/14, 110/15) when applicable or when the User is private person acting outside its commercial, business, entrepreneur or professional activity. 

Contract is being concluded between Plus Hosting (Service Provider) and Owner of Service, or person owning e-mail address used for the first order. At Provider’s request, User is obligated to submit to Provider its valid identification documents or other documents which Provider considers necessary for establishing contractual relationship, in accordance with the Data Protection Act. Plus Hosting reserves the right to alter or amend these Terms of Services at any time, provided that they shall be made available to public by publication on Provider’s web sites. Provider can also state specific regulations or directions applicable to certain products or services on different areas of the  Site. User is responsible for reviewing Terms of Services and Plus Hosting Page related to all regulations or directions in usage of Services, alterations or amendments of Terms, changes of prices and Services. 

3. Setting of Service, commencement and duration of usage of services

User can make order by using Provider’s Page or by submitting written or oral request. 

Upon receipt of order, Provider shall issue offer for ordered Services to User, which Services shall be activated upon receipt of payment. Provider’s Services are paid in advance. Advance payment is requirement for Service activation, procurement and extension. Payment shall be considered completed at the moment when monetary funds in their entire amount are transferred at Provider’s account. Payment shall not be considered completed before monetary funds are transferred at Provider’s account, regardless of the payment method used. Payment shall not be considered completed should the amount transferred as Provider’s account is less then amount stated in the offer, invoice or pro-forma invoice.

Service activation date shall be considered as commencement of Service duration, apart from case when commencement of Service duration is defined by special Contract or agreement reached between User and Provider. Service is valid from commencement of Service until commencement of the expiration date (if the expiration date is January 30, Service expires at the beginning of January 30, meaning at midnight between January 29 and January 30).

Certain Provider’s Services have separate limited duration, expiration date and requirements for Service extension, and these are defined in special addendum of these Terms.

At any moment during the Service duration User can establish exact date of Service expiration by using the User pages, submitting written request or contacting Customer Support.

Service ends with expiration date, and after that date Provider is no longer responsible for activity and quality of provided Service. User can extend Service duration by payment of offer for Service extension, by which the Service is being extended for the new paid period.

Notification and directions for Service extension shall be delivered by e-mail on User’s e-mail address 10 days prior to Service expiration the latest. User can request different means and time frames for notifications on Service expiration. Provider shall not be liable for non delivered notification on Service expiration. 

If the User does not wish to extend the Service, User is obligated to confirm such decision in writing, in form of e-mail or ticket from administrative e-mail address, or stamped and signed request. Should the User fail to explicitly declare that it no longer wants to use the Service, Service shall be automatically extended and the User is obligated to pay the cost for use of Service. In case the User fails to pay the cost for use of Service, Service shall be deactivated.

Provider is entitle to refuse request for providing the Service:

1. a) should there be reasonable grounds to suspect that data on identity or legal capacity of User are inaccurate or false
2. b) should there be reasonable grounds to suspect that User intends to misuse Services, enable misuse of Services to the third party;
3. c) should there be reasonable grounds to suspect that use of Service shall jeopardize stability of Service to other existing Users,
4. d) if the procedure of pre – bankruptcy settlement, bankruptcy procedure or procedure of liquidation has been initiated with respect to User, if the User is over-indebted or incapable for payment;
5. e) in other cases as specified by this Contract or based on sole discretion.

3.1 Transfer to service of lower or higher price range

During the period of lease of service it is not possible to make downgrade of service, meaning the transfer to package of lower price range with refund of overpaid amount.

Transfer to service of lower price range is possible only within the first 30 days starting from payment for extension or lease of the new service.

After expiration of 30 days period, it is possible to transfer to service of lower price range, but without refund of overpaid amount, refund of amount in User credits or calculation of service aimed at adding additional days to duration of smaller Service.

Transfer to Service of the higher price range, meaning upgrade of Service is possible at any time with payment of difference in price.

4. User’s Content

User shall not continuously monitor content published, stored or distributed by User. User is responsible for making sure that its content is in accordance with  Rules of Use Eligibility and valid Laws.

User is entitled, without prior notification and without delay, take corrective measures on Content, including removal of all or part of User’s Content, exclusion or termination of all or certain Services, as well as termination of this Contract in case of breach of Rules, Laws or pursuant to decision of the court.

Should the Provider take corrective measures due to breach of Rules or Laws, Provider is not obligated to pay any compensation to the User, nor it is obligated to refund funds paid for use of Services.

By this Contract User accepts that Plus Hosting has no liability towards the User or any other third party for corrective actions taken in case of breach of Rules, including Service termination.

Provider is entitled to approach or alter User’s Content on servers or through network for purposes of Customer Support, antivirus scanning, prevention of hacker attacks, making of backup copies, determining possible breach of Contract or other purposes necessary for execution of the Contract. 

Provider is obligated to keep User’s Content as professional secret in accordance with dana protection regulations, and it is prohibited from distributing such Content to the third parties without User’s approval, except when acting upon order of competent authority and in cases defined by these Terms of Services.

Rules of Use Eligibility

User agrees to use Services only for legal purposes. Laws of the Republic of Croatia apply to this Contract and use of Plus Hosting Services.

Following provisions specify partial list of activities that are prohibited during the use of Service, and can potentially result in temporary of permanent termination of User account or Service without prior notification. In random order, Services cannot be, particularly but not exclusively, used for hosting, exposing, display, spreading, upload, download, transfer, distribution, reproduction, selling, linking and giving access to:

(a) any content or web page containing material with purpose of promotion of ilegal activity, illegal, threatening, obscene, insulting, disturbing, defamatory content, or which promotes hate or violates any other part of this Contract. Definition of such content is discretion of Plus Hosting;

(b) any content or web page containing private or confidential data including particularly but not exclusively data on credit cards, private telephone numbers, addresses or private e-mail addresses belonging to User or the third party;

(c) any content or web page that, in Provider’s evaluation, presents content that is pornographic, sexually explicit, obscene or violent. Definition and interpretation of such content is the sole discretion of Plus Hosting;

(d) any content or web page that promotes terrorism, violence against people, animals or assets;

(e) any content or web page that can be used for hacking or breaking into distance systems, and that can be used for open HTTP proxy;

(f) any content or web page that can be used or is used for “phishing” attack (data theft);

(g) any content or web page containing pirate software, malware, software for phreaking, hacking, decoding, DDOS controllers, penetration testing software, as well as pages with links on the said materials or/and directions for use of such materials;

(h) unwanted or bulk electronic mail (spam) including, but not limited to, use of hosting SMTP service or mail script for sending spams through hosting infrastructure. Sending such offers on use news groups is prohibited as well. 

Game servers hosting is also not allowed due to potential problems with DdoS attacks and their licensing.

5.1 Removal of content

User is completely responsible for legality, content, quality and accuracy of information, applications, data, pictures, audio and video records as well as all other materials it offers and makes available through web, electronic mail or other Internet services.

Plus Hosting neither evaluates nor determines, and it is not obligated to estimate or establish legality, quality, ownership and copyrights for published contents made available by User through Internet services. Plus Hosting completely insulated from content published by User. User agrees not to public or transfer content protected by intellectual ownership rights (industrial ownership, copyrights and similar rights), without approval or owner or beneficiary of such right. 

Plus Hosting also reserves the right to remove content that is contrary to Rules of Use Eligibility as stated under Article 5. of these Terms of Services. Definition of such content is left at discretion of Plus Hosting.

Should the third party establish that there has been a breach of the Law on Copyright and Related Rights (Official Gazette no, 167/03, 79/07), Provider shall direct the third party to the User. By accepting the Terms of Services User declares that it is aware of obligations and limitations directed at protection of copyrights and related rights.

6. Rights and obligations of User and Provider

6.1 Obligation to maintain accuracy of data for contact

User is obligated to deliver electronic mail address that is not part of Service i.e. the one that does not depend on Service, for maintaining possibility of two direction communication. Should there be a need for contact, delivered address of electronic mail shall be used for such purpose.

It is User’s liability to ensure that its contact information are up to date at any time of using the Service. Provider is not liable for non-activity of Service due to data that are out of date or e-mail filters on User’s side disabling receipt notification to the User.

User can check or change these data using its user pages, or it can contact Provider’s technical support by e-mail, telephone or chat. Giving false contact information of any kind, can lead to termination of Service and this Contract without prior notification of User.

6.2 Obligation of timely payment

Provider shall, before Service expiration, notify User of Service expiration and send offer for Service extension by electronic mail. Notifications on Service expiration are sent several times before expiration, depending on type of Service. Offers for Service extension with time expiration  refer to the period starting from the date of Service expiration until expiration of the following calculation period of Service with time expiration, as defined at the moment of offer. User can request change of calculation period for Services with time expiration by sending written request to Provider.

If the Service was not timely canceled, user is obligated to pay upon the offer for Service extension, timely and before the date of Service expiration.

In case of late payment of the offer for Service extension, Provider shall terminate providing of Service without notifying the User. Should the User, due to late payment, suffer loss and damage, Provider shall not be liable for the loss and damage cause to the User.

6.3 Obligation to maintain data privacy

User is obligated to take adequate technical, human and organization measures of protection from unauthorized release and use of access data, such as user name and password, provided by User Provider.

User is obligated to keep all user data private and available only to persons who must know these data, and ensure that these persons are familiar with privacy nature of such information. User shall apply authorization and safety procedures related to use of Services.

6.4 Safety copies and loss of data

User is responsible for making safety data copies. Provider’s backup service provides safety copies of User information, however Provider is not responsible for data located within User’s content. By accepting these Terms of Services User accept to take over responsibility for its own data, and to make its own safety data copies irrespective of Provider.

Should the User account be canceled or not extended, User content in form of backup archives shall be available within further 30 days starting from Service expiration. User can, at any time within 30 days from expiration, reactivate user account. Provider is not obligated to give access to archive content or send copy of content to the User, in case the User failed to extend the Service. Provider cannot give any guarantees regarding the availability of safety copy after the stated time frame expires.

Provider does not guarantee safety of data transferred by Internet. Provider does not cover expenses for incurred damages in case of taking over User content if such content is publicly available through Internet.

6.5 Using bandwidth limit and electronic mail

User is given monthly bandwidth limit. The limit depends on package of leased service. If User account exceeds given limit, Provider reserves the right to increase or don’t increase limit until beginning of further period (month), which is exclusively Provider’s discretion. Non used bandwidth limit in one month cannot be transferred to subsequent month.

Provider keeps right to limit number of messages or incoming or outgoing electronic mail at any time. Upon User’s request, Provider shall decide on granting new limit taking into consideration legality of use of Service and technical possibilities.

6.6 Domain registration within new web hosting Service

If web hosting Service provided by Provider to User includes domain registration or transfer and extension of domain for the first year of use of web hosting service, at renewal of web hosting Service after expiration of the first year of use, valid price list for renewal of User domain registration shall apply, as well as at renewal of web hosting Service with interruption shorter then two years.

6.7 Access to Customer Support

User acknowledges that for correct use of Service requires certain level of knowledge related to electronic devices, computers, software, use of Internet, network protocols etc., and that Provider neither provides such knowledge nor it provides education related to it. Problems with use of Service that are not related to difficulties in regular hosting service shall be solved by User independently or with assistance of the third party.

Provider shall give Customer support to the User by means of electronic communicated listed on Provider’s web site and within the working hours stated on Provider’s web site.

User is obligated to communicated with Provider’s Customer support with due respect, without cursing, insulting or using any other form of harassment. Should the User openly conduct contrary to good behavior norms towards Customer support, Provider shall warn User of such conduct, and should the User continue with such conduct, Provider is entitle to terminate the Contract unilaterally and without refund of paid funds.

6.8 Ownership of Service

Owner of Service is a person who owns owner e-mail address used for the first lease of Services, or in case of domain a person stated as owner in whois domain data base. Requests for the new password or access to control panel, changes on hosting package, changes in offer or other must be approved exclusively at request from administrative e-mail address.

Should the owner want to authorize the third party for work with leased Services (technical or webmaster contact), this must be confirmed in writing, in form of e-mail or ticket from administrative e-mail address, or with stamped and signed request.

Should the owner want to transfer ownership on other person, this must be confirmed in writing, in form of e-mail of ticket from administrative e-mail address or with stamped and signed request.

Liability and possible disputes regarding the Service ownership, domain, copyrights on design and similar, shall be resolved by the owner of hosting package solely. 

Person or company addressed on the offer and invoices for web hosting services is not the owner of hosting Services, except in case when the same person/company is stated as owner e-mail. 

6.9 Access to Customer Support

1. In order for Provider to enable the best possible level of Service to Users, Provider shall perform regular works on infrastructure. When possible, all works on infrastructure (maintenance of hardware and software components) shall be performed in time announced in advance.

6.9.1 Planned maintenance

Planned infrastructure works shall be performed in time announced in advance and in the period from 11 pm until 7 am Croatian time. 

In case of planned infrastructure works for which it is expected that Service will be unavailable in the period longer then 15 minutes, Provider shall notify the User not later then 48 hours in advance.

6.9.2 Unplanned maintenance

Unplanned maintenance shall be infrastructure works resulting in system operation analysis, system operation problems etc., which must be performed within the shortest time possible in order to ensure infrastructure stability.

In case of unplanned infrastructure works, Provider shall put its efforts to perform works in the period from 11 pm until 7 am Croatian time. Unplanned works shall be announced in advance by the Provider, if possible.

7.”Shared” hosting

Provider, among other, sells hosting technology of shared hosting. Due to share hosting nature, as individual user of joint share environment and possibility of unfavorable effect on other users, Provider reserves the right, at any time, to monitor User dana and take actions aimed at preventing damage for servers, network of other Users. Measures can include suspending and change of web pages, blocking access, redirecting of domains or IP addresses, and other actions.

Users having leased Service of shared web hosting cannot resell web hosting to the third parties as resellers. If the User wants, it can become reseller of Provider’s services, in accordance with requirements agreed upon in advance and in accordance with concluded contract with Provider.

7.1 Resources of hosting packages

 User is familiar with the fact that the same server includes more shared and reseller hosting packages, and that they all share joint resources of that server. Provider keeps the right to impose limits on resources use in order to achieve better overall User impression. User agrees with these limits and is obligated to honor them. One hosting package can include more domains and pertaining web pages. If more domains are installed on one package, all domains share total limit of hosting package.

Hosting package resources are defined by package description on Provider’s web page in section “Web Hosting”, and they relate to disc space, number of additional (addon) domains, number of e-mail accounts, number of sub-domains, number of MySQL or MSSQL data basis, number of FTP account, number of e-mail messages sent within the house (120 is standard setting) and bandwidth. The last feature is not stated on web site as it represents so called “soft limit” where the limit is being increased according to User’s needs, except in cases when it exceeds normal limits of use of Service, in which case User is advised to lease other type of Service.

8. Domain registration

By accepting these Terms of Service, User confirms that it is familiar and accepts rules of registry for certain work domain and is obligated to act completely in accordance with those rules.

User understands that giving order for domain registration, renewal or transfer of domain does not guarantee that Provider shall be able to complete the procedure. User agrees that when the order can be only partially fulfilled, Contract is considered concluded only for successfully completed Services (e.g. In case when only 3 domains are successfully registered out of 5 ordered domains, it shall be considered that the Contract is concluded only for 3 successfully registered domains).

If ordered domains ordered and paid by the User have been occupied in the meantime from the third party, Provider shall notify the User and offer either to chose registration of other available domain or to be refunded with paid funds for domains that cannot be registered.

Provider does not take any responsibility if paid domain is occupied in the meantime by the third party, in the period between order and payment, and in case of mistakes or malfunctions with API connection on domain registries that are being checked if the ordered domain is available.

Domain name cannot be changed after payment and registration.

8.1 Premium domains

Premium domains are domains reserved by registry in advance as domains with higher (procurement) value. These domains exist as free domains but their exact annual fee cannot be known in advance during check in the ordering process. Should the User order and pay “premium” domain that is free in registry, but it does not have standard procurement price as other domains in that TLD, but domain has higher procurement value from standard price (so called “premium” price), Provider shall notify the User about that fact and offer it to chose either registration of other domain with standard price instead of premium domain or refund of paid funds for domains that cannot be registered. 

Provider does not take any responsibility for situation when at domain registration it turns out that paid domain is actually “premium” domain. User agrees (when that is necessary for fulfillment of User’s requests) to modification of User contact information that are registered in registry of certain TLD (top level domains). This includes (but is not limited to) TLD that require local presence of User in country of TLD registry. 

Provider keeps the right to temporary (only during the process of domain transfer) alter contact information for domains to transfer domains between registrars. Provider is obligated to return contact information immediately after the process of domain transfer is completed. Should the Provider fail to timely update contact information, User is obligated to notify Provider and enable Provider to update User contact information within certain period.

In the period between domain registration and publication of content on domain, Provider is entitled to publish any information and content on domain, either its own or from the third parties, particularly concerning its offer and services. Content published by the Provider cannot be at User’s detriment.

Provider must eliminate content published on domain immediately after User makes its own content available for publishing. Provider is also entitled to publish its content for domains or hosting for which User did not pay the invoice or did not receive new offer from Provider.

8.2 Trademark

If ordered domain includes trademark to which the third party is entitled to, Provider keeps the right to request confirmation from person who ordered domain, proving its right to use the trademark or evidence on trademark registration and protection, before registration of paid domain. If the User i.e. payer is not entitled to use the trademark or if the said right, trademark registration or protection cannot be proved by the User, Provider shall refuse domain registration of offer to User to chose either registration of domain without trademark included or refund of paid funds for domains that cannot be registered.

1. If Provider registers domain including the trademark of the third party that User is not entitled to, in the name and in favor of User, User bares sole responsibility for damages towards the third party, and Provider keeps the right to claim compensation from User in case of joint liability.

2. 8.3 ICANN, accredited registrars and domain registries

By accepting these Terms of Service, User accepts rights and obligations prescribed by ICANN and domain registries and that are in accordance with General Data Protection Regulation.

ICANN prescribes that User is obligated to deliver real and verifiable contact information for registered domains. At registration of domain transfer, registrar (or registrar provider) shall require the User to confirm its contact information, and it is considered that delivery of such information is requirement for providing the Service.

By accepting these Terms User also accepts rights and obligations prescribed by ICANN accredited registrars and domain registrars used by Provider as its business partners, who require delivery of information of User, and it is considered that delivery of such information is requirement for providing the Service. 

User can read Terms of Use of registers and registrars here: 

• Tucows: https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html
• Joker: https://joker.com/index.joker?mode=page&page=terms_cond
• eNom: http://www.enom.com/terms/default.aspx?
• CARNet: http://www.carnet.hr/dokumenti?dm_document_id=623&dm_dnl=1
• EURID: https://eurid.eu/en/register-a-eu-domain/rules-for-eu-domains/

Process of confirmation and change of contact information requires from User that it has valid e-mail address that request for verification of contact information will be sent at. User is obligated to confirm its identity by taking adequate actions given in details in e-mail message sent at his e-mail address stated at the moment of order of Services.

Should User fail to take adequate actions, registrar can suspend domain within 15 days.

Provider is not responsible for any damages incurred due to domain suspension as result of non confirmation of contact information by the User. Provider, further, is not responsible for delivery of e-mail messages to User.

8.4 Period of domain lease

Domains are registered for certain period of lease of usually one year or more years, and they have expiration date stated in domain registry, after which date domain can be deactivated and/or deleted at any moment depending on procedure conducted by individual registrar of working domain.

User is obligated to pay Provider’s offer for extension of domain until the date of domain expiration. If User fails to pay domain extension until the date of domain expiration, Provider is not obligated to provide Service at the same price listed in the offer, and it can refuse extension of domain and/or request additional payment due to higher costs of domain extension that expired, provided that the User is timely informed of such action.

Provider does not take any responsibility for damage cause to User due to User’s payment after the date of domain expiration, which includes (but not limited to) damages for inactivity, suspension or deletion of domain.

9. Liability of Reseller to Users

Resellers are liable for support to their Users that are, in relation to Provider, considered as the third parties. Provider does not give technical support to the third parties, being reseller’s users. All request for support must be submitted by reseller in the name and on behalf of its users due to safety reasons. 

Resellers are also liable for all content and activities under their user account. Provider shall hold Reseller responsible for any activity of its users contrary to laws or Rules of Use Eligibility.

Pursuant to provisions of General Data Protection Regulation reseller takes over all obligations towards its users, i.e. data subjects.

CERTAIN LIABILITIES IN RELATION TO GDPR ARE TRANSFERRED TO RESELLER – Reseller and Provider are obligated to conclude adequate contract for information processing in accordance with General Data Protection Regulation. 

10. Prices and payment requirements

Prices of Services are defined by valid Services Price List, except when otherwise defined by the special Contract. Price list is published on Provider’s web pages, and User, by concluding the contract with Provider, confirms that it is familiar with the valid Provider’s Price List, accepting it entirely. Provider is authorized to change the Price List and make it available pursuant to valid regulations.

Provider’s Services are being paid in advance. Advance payment is requirement for activation, providing and extension of Service.

Amount that is being paid by the User for Service shall never be increased between the date of purchase and the date of expiration of purchased Service unless different written agreement with User exists or if increase of price of Service is result of increase of price of supplier towards Provider itself, for the amount equal to or higher then 10% from initial price. In such case, Provider is entitled to increase the price of Service towards the User, even before expiration of purchase Service for individual calculation period. In such case, Provider shall alter these Terms of Services, and notify User of such fact in writing, not later then 8 (eight) days before commencement of new price application. In that case, User is entitled to terminate the contract with Provider, without compensation.

Provider reserves the right to alter prices for subsequent calculation period for Services with time expiration.

Provider reserves the right to alter technical characteristics of Services during duration of Service, as well as the right to increase quantity of resources within web hosting package at any time.

If the User disagrees with alteration of price or technical characteristics of Service, it is entitled to terminate the contract pursuant to provisions in Article 12. of this Contract.

Provider accepts following payment methods:

• Payment at Provider’s bank account, 
• Internet payment with credit card Visa, MasterCard, American Express, Diners through Provider’s web pages or User pages,
• Payment through Internet service PayPal using User pages,
• Foreign currency payment from abroad (wire transfer).

IMPORTANT: For foreign currency payments User covers costs of payment operations that can incur at payment (Internet payment fees, bank fee etc.). 

Payment shall be considered completed at the moment when entire amount of funds are transferred at the Provider’s bank account. Payment shall not be considered completed before entire amount of funds are transferred at Provider’s bank account, regardless of the method of payment, or in case entire amount upon issued offer, invoice or pro-forma invoice is not transferred on Provider’s bank account.

Should the User pay amount that is higher then the amount stated in the offer, invoice or pro-forma invoice, or in case part of ordered service cannot be provided by the Provider, excess of the amount being the value of non-fulfilled part of Service shall be registered on User’s user account at Provider as user credit in User pages. User can use user credit for decrease of future payments or it can request refund of the amount at its bank account, decreased with costs of refund transaction. Provider does not pay interest on user credit.

Provider issues invoices in electronic form pursuant to the Value Added Tax Law and Regulation on Value Added Tax. By accepting the Terms of Service User agrees that invoices are issued in that form as electronic document in accordance with the Law on Electronic Document. In terms of Regulation on Value Added Tax, invoice signed with electronic signature in accordance with the Law on Electronic Signature shall be considered as invoice in electronic form, issued as electronic document.

11. Claims

User is obligated to submit the claim in timely manner, and Provider is obligated to timely consider User’s claim.

In case of misuse of breach of Rules of use, Provider reserves the right of immediate suspension of Service and unilateral termination of contract, without further explanations and without refund of paid funds.

Provider is entitled to refuse the claim in case it does not involve Provider’s omission or mistake.

For example, in case the Service has been ordered by mistake by User, and Provider has provided the Service to the User, Provider is not obligated to refund paid funds.

User is entitled to claim within Guarantee with certain requirements defined under Article 11.3.

11.1 Domains

User can request refund of funds for .hr and com.hr domains within 14 days starting from registration, transfer of domain extension. For com domains (.com, .net, .org, .biz, .info), User can request refund of paid funds within 7 days, exclusively for new domains registrations.

User must contact Provider on time in order for the Provider to process refund of funds in timely manner and before expiration of the above stated time frames.

For other domains in the offer Provider does not give refund of paid funds.

11.2. SSL certificates

SSL certificates are leased by the Provider in the name of User from SSL certificate publisher (GeoTrust, Thawte, itd.).

Refund of funds for extension or lease of SSL certificates depends on rules of SSL certificate publisher. Upon valid request, Provider shall refund funds in case SSL certificate publisher enables such option. 

SSL certificate publishers through which Provider leases SSL certificates for User offer their warranty which is not included in warranty provided by Plus Hosting, and as such, is not mandatory for Plus Hosting. 

11.3. Warranty

45 days declaration on warranty relates solely on shared web hosting and reseller web hosting packages. Warranty does not include VPS packages, dedicated servers, domain registrations, SSL certificates, software licensees, Business Mail and Business Services.

If the User sends timely written request to Provider, in which it objects to defects of Service used and provided by Provider in accordance with these Terms of Services, in case such request is justified, Provider shall, within reasonable time that cannot be longer then 45 days, remedy such defects and enable the User to use defect free Service. In case Provider fails to remedy such defects within the said time frame, it shall, upon User’s request, refund paid fund to User within 45 days starting from activation of Service.

If, together with hosting service, additional service out of Warranty was ordered (domain, SSL certificate etc.) amount of refund shall be deducted for the amount of price of additional service. Additional service shall continue to be used by User until the end of lease. 

12. Cancellation of Service, Service shutdown, permanent Service shutdown and Contract termination

In case User wishes to cancel the Service, User shall inform Provider of such intention before expiration of Service. User can cancel the Service that is completely paid for by sending written request, in form of e-mail or ticket from administrative e-mail address, or with stamped and signed request.  

Provider’s services are paid in advance. Advance payment is requirement for activation, providing and extension of Service.

Provider can permanently enable use of Service in case of breach of any article of Terms of Services. 

Provider reserves the right to change prices for the following calculation period for services with time expiration. 

Provider can permanently disable use of Services in case the User fails to renew the Service. This shall not be considered as Service cancellation. Service is considered canceled only in case the User confirms Service cancellation in writing, otherwise this is considered as “suspension” of Service. Service must be entirely paid for before it can be canceled. 

In case of cancellation of Service by User, Provider is not obligated to refund paid funds. 

13. Disclaimer

Provider shall not be liable for damages, loss of profit or material or non-material damages that can be suffered by the User or the third party due to non complying with these Terms of Services. Taking into consideration nature of Provider’s activity that is subject to these Terms of Services, Provider’s liability for damages resulting from Provider’s mere negligence is excluded. The said relates to Provider’s liability for compensation of ordinary damage and loss of profit/loss of revenue, and fair compensation of non-material damages, in accordance with the Law on Obligations.

Provider is not liable for damages resulting in force majeure or due to outer, extraordinary or unpredictable circumstances occurred after conclusion of the contract that could not be prevented, eliminated or stopped by the Provider. Provider is not liable for services or products delivered by the third parts, which are related or depend on Provider’s Services. 

14. Privacy policy

Provider is entitled, without further approval or notification, reveal any information about the User to competent authorities, in accordance with legal requirements.

Disposing with User information is described in details in Policy Privacy issued by Provider on its web pages.

15. Notification on procedure of submitting Consumer Complaint

Pursuant to Art. 10. of the Law on Consumer Protection of the Republic of Croatia (Official Gazette no. 79/07, 125/07 – correction, 79/09, 89/09 – correction – not correct number of Official Gazette) Users that are consumers are entitled to submit complaint to quality of Provider’s Services, in writing:

• at Provider’s address: DHH d.o.o., Nobileova 20, HR-52100 Pula
• at e-mail address info@plus.hr
• and in business premises of Provider, in which case Provider shall confirm receipt of complaint in writing and without delay. 

Response to received complaint shall be given by Provider to User in writing at User’s address, within 15 days starting from receipt of complaint. 

16. Disputes

User and Provider declare that they shall put their best efforts in trying to reach amicable solution to all their disputes, without engaging institutions for such purpose. In case of dispute, Commercial court in Pazin or Municipal court in Pula, Permanent Department Pazin shall be competent, depending on nature of the dispute. 

17. Alterations and Amendments of these Terms

These Terms of Services come into force and start with application on all Users of Services on the day of their publication on Provider’s web site. 

Plus Hosting reserves the right to alter these Terms. All alterations of these Terms shall be published by the Provider on its official web pages in accordance with valid regulations. 

In case of alterations or modifications of these Terms exclusively in favor of User, they shall start with application to existing Users at the day of publication. In case of alteration or modification of these Terms that are less favorable for User comparing with contracted Terms, User is entitled to cancel the Contract, without compensation. Otherwise, it shall be considered that User agrees with alterations and modifications.

Last alteration of the Terms of Service: January 23, 2019