NESTHOST.PL ONLINE STORE TERMS AND CONDITIONS

Chapter I

General Provisions

§ 1

The online store www.nesthost.pl, hereinafter referred to as the “Store”, operates in accordance with the rules set out in these Terms and Conditions.

§ 2

These Terms and Conditions specify, in particular, the rules for concluding and performing Agreements concerning Products, including Digital Services and Digital Content, the rules for making payments, submitting and handling complaints, using Electronic Services, and terminating agreements for the provision of Electronic Services.

§ 3

From the moment a Service User undertakes any action aimed at using the Store’s Electronic Services, the Service User shall be obliged to comply with the provisions of these Terms and Conditions.

§ 4

In matters not regulated by these Terms and Conditions, the following provisions shall apply in particular:

the Act of 18 July 2002 on the Provision of Electronic Services;
the Act of 30 May 2014 on Consumer Rights;
the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes;
the Act of 23 April 1964 – the Civil Code;
Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act – DSA);
and other applicable provisions of Polish law and European Union law.

§ 5

Whenever these Terms and Conditions refer to:

CONTACT FORM – this shall mean the form available on the website www.nesthost.pl enabling a message to be sent to the Service Provider;
REGISTRATION FORM – this shall mean the form available on the website www.nesthost.pl enabling the creation of an Account;
ORDER FORM – this shall mean the form available on the website www.nesthost.pl enabling an Order to be placed;
CUSTOMER – this shall mean a Service User who intends to conclude or has concluded an Agreement with the Seller;
CONSUMER – this shall mean a natural person who enters into a legal transaction with an entrepreneur that is not directly related to that person’s business or professional activity;
ADMINISTRATOR – this shall mean an entity to whom the Customer has granted rights to manage the Server and to contact the Service Provider in technical matters;
ADMINISTRATION PANEL – this shall mean a web-interface-based tool used to manage the Server;
CUSTOMER ACCOUNT (PANEL) – this shall mean a set of resources in the Service Provider’s ICT system, identified by an individual name (login) and password, in which data and information concerning the Service User are stored;
WALLET – this shall mean a functionality of the Customer Panel allowing Credits to be accumulated;
CREDIT (vPLN) – this shall mean the Store’s internal settlement unit intended exclusively for purchasing Products offered by the Seller;
PRODUCT – this shall mean a service or item available in the Store and offered by the Seller, in particular a Digital Service or Digital Content;
NEWSLETTER – this shall mean an Electronic Service allowing the Service User to subscribe to and receive, at the e-mail address provided, free information from the Service Provider concerning the Store and the Products available therein;
TERMS AND CONDITIONS – this shall mean these Store Terms and Conditions;
STORE – this shall mean the Service Provider’s online store operating at www.nesthost.pl;
SELLER, SERVICE PROVIDER – this shall mean Nikodem Król, conducting business activity under the business name NestHost NIKODEM KRÓL, entered in the Central Register and Information on Business Activity, Tax Identification Number (NIP): 4970098510, REGON: 545737980, address for service: Przyczyna Dolna 59, 67-400 Wschowa, e-mail address: [email protected];
REVIEW SYSTEM – this shall mean an Electronic Service made available to Customers by the Service Provider, enabling reviews to be posted;
AGREEMENT – this shall mean an agreement concluded between the Customer and the Seller via the Store, the subject matter of which is the supply of a Product, in particular the provision of a Digital Service or the supply of Digital Content;
DIGITAL CONTENT – this shall mean data produced and supplied in digital form;
DIGITAL SERVICE – this shall mean a service enabling the Customer, in particular, to create, process, store or access data in digital form, or to use other forms of interaction by means of data in digital form;
ELECTRONIC SERVICE – this shall mean a service provided electronically by the Service Provider to the Service User via the Store;
SERVICE USER – this shall mean a natural person, legal person or organisational unit without legal personality which is granted legal capacity by law and which uses an Electronic Service;
GAME SERVER – this shall mean a Digital Service consisting in making server resources available to the Customer for the purpose of running server software for a particular game;
VPS SERVER – this shall mean a Digital Service consisting in making a virtual server environment available to the Customer together with the resources specified in the offer;
ORDER – this shall mean the Customer’s declaration of intent aimed at concluding an Agreement with the Seller.

Chapter II

Information Concerning Products and Ordering

§ 6

The Store www.nesthost.pl offers Products via the Internet, in particular Digital Services and Digital Content.

§ 7

The Store’s activity consists in particular in providing Digital Services in the form of Game Servers and VPS Servers.

§ 8

Products are provided in accordance with the concluded Agreement, their description and the parameters presented to the Customer before the Order is placed.
A Digital Service or Digital Content should in particular have the properties, functionality, quality, availability, compatibility and other characteristics resulting from the Agreement and applicable provisions of law.
Detailed parameters of a given Server, including in particular the amount of RAM, disk space, vCPU, location and other available parameters, are specified in the Store’s current offer.

§ 9

Information contained on the Store’s website does not constitute an offer within the meaning of the provisions of the Civil Code unless expressly stated otherwise. By placing an Order, the Customer submits an offer to conclude an Agreement on the terms presented in the Store.

§ 10

Prices of Wallet top-ups displayed on the Store’s website are expressed in Polish zlotys (PLN) and are final prices including all required price components.
Prices of individual Products, including Game Servers or VPS Servers, may be displayed in the Customer Panel in Credit / vPLN units.
The value of a Credit is linked to the Polish zloty at the ratio of 1 Credit / vPLN = PLN 1, which means that the numerical value of the Product price expressed in Credits corresponds to its equivalent value in PLN.
The Product price indicated to the Customer at the time of placing the Order shall be binding upon the Customer.

§ 11

Price changes introduced by the Seller after the conclusion of an Agreement shall not affect the price of a Product resulting from an Agreement already concluded, unless the parties mutually agree otherwise or the possibility of changing the price results from applicable provisions of law.

§ 12

Orders may be placed via the website www.nesthost.pl 24 hours a day, throughout the year, subject to technical interruptions.

§ 13

In order to place an Order, the Customer is required to have an Account in the Store.

§ 14

A condition for placing an Order is becoming acquainted with the Terms and Conditions and Privacy Policy and accepting the Terms and Conditions.

§ 15

The conclusion and performance of an Agreement may depend on the technical and legal possibility of providing a particular Service in the selected location and configuration.

§ 16

Servers have the parameters specified in the offer, including in particular disk space, amount of RAM, number or performance of vCPUs, IP address, ports, location and other parameters relevant to the particular Product.

Chapter III

Conclusion of the Agreement

§ 17

In order to conclude an Agreement, the Customer must first place an Order using the functionalities made available by the Seller.

§ 18

After an Order has been placed, the Seller shall promptly confirm its receipt.

§ 19

Confirmation of acceptance of an Order shall be provided by electronic message or an appropriate notification in the Customer Panel.

§ 20

After the Agreement has been concluded, the Seller shall provide the Consumer with confirmation of conclusion of the Agreement on a durable medium within a reasonable period after its conclusion, no later than before commencement of the provision of the Service.
The confirmation shall include the information required by applicable provisions of law unless such information has previously been provided to the Customer on a durable medium.
Where conclusion or performance of the Agreement requires the Consumer to submit a specific request or consent, the confirmation shall also include information concerning the request submitted or consent given in cases required by law.
The confirmation may be provided, in particular, in the form of a PDF file enabling the information to be stored and reproduced in unchanged form or by e-mail.

§ 21

The Agreement is concluded when the Seller accepts the Order and provides the Customer with the appropriate confirmation.

§ 22

Information concerning Wallet top-ups and completed transactions is available in the Customer Panel, in particular in the Wallet history available at:

https://nesthost.pl/portfel/historia

A PDF document available for download by the Customer may be generated for a transaction.
The Seller may also send an automatic transaction confirmation to the Customer’s e-mail address containing, in particular, the transaction amount, current Wallet balance and transaction identifier.
Confirmation of the payment or transaction itself does not replace confirmation of conclusion of the Agreement or confirmation of consents or requests required by law where separate provisions require them to be provided on a durable medium.

Chapter IV

Payment Methods and Wallet

§ 23

The Seller makes payments available through the following electronic payment systems:

HotPay, operated by:

a) ePłatności spółka z ograniczoną odpowiedzialnością spółka komandytowa, with its registered office in Andrychów, ul. 27 Stycznia 9, 34-120 Andrychów, KRS: 0000655383, NIP: 5512627897, REGON: 366165170, operating pursuant to entry MIP10/2018;

b) HotPay B2B spółka z ograniczoną odpowiedzialnością, with its registered office in Andrychów, ul. 27 Stycznia 9, 34-120 Andrychów, KRS: 0000873149, NIP: 5512647167, REGON: 387677754, operating pursuant to entry MIP99/2021;

CashBill, operated by CashBill S.A. with its registered office in Katowice, ul. Sobieskiego 2, 40-082 Katowice, KRS: 0000323297, NIP: 6292410801, REGON: 241048572, holding the status of a domestic payment institution and entered in the relevant register under number IP10/2013.

§ 24

The Customer shall make payment via the selected and currently available payment system before commencement of performance of the Order, unless another settlement method is provided for a given Product.
Depending on current availability on the part of the payment operator and the configuration of the Store, the Customer may use, in particular:

online bank transfers, including Pay-by-Link;
BLIK;
PayPal;
Paysafecard / Paysafecash.

Availability of individual payment methods may vary depending on the operator, transaction value, configuration of the Customer’s account or other restrictions resulting from the rules of the relevant payment operator.

§ 25

The Customer is obliged to pay the price due under the Agreement without delay, no later than within 1 hour from commencement of the payment process, unless the Agreement, Product description or payment operator provides for a different deadline.

§ 26

A Product requiring prior payment shall be made available after the Store’s system receives positive confirmation of payment from the relevant operator, in particular HotPay or CashBill.

§ 27

Credits accumulated by the Customer in the Wallet may be used exclusively to purchase Products or services offered by the Seller in the Store.
Credits are not subject to withdrawal or exchange for money at the Customer’s request, subject to cases in which an obligation to make a refund results from mandatory provisions of law.
Funds paid into the Wallet are converted according to the rule PLN 1 = 1 Credit / vPLN.
Topping up the Wallet does not limit the Consumer’s statutory rights which, by law, cannot be waived.
If the Consumer requests commencement of provision of a Service before expiry of the withdrawal period, the Seller requires the Consumer to submit the appropriate express request and, where required by law, acknowledgement of the consequences of such request.
Mere commencement of provision of a Digital Service before expiry of the withdrawal period does not automatically result in loss of the right of withdrawal unless all statutory conditions for loss of that right have been fulfilled.
In the case of Digital Content not supplied on a tangible medium for which the Consumer is obliged to pay a price, the right of withdrawal may be lost only after fulfilment of the conditions provided for by applicable law, including obtaining the Consumer’s express and prior consent and providing the required confirmation on a durable medium.
Confirmation of a Wallet top-up transaction may be made available in the Customer Panel in PDF format and sent to the Customer’s e-mail address. Where the law requires confirmation of conclusion of the Agreement or consents given to be provided on a durable medium, the document provided to the Customer should also contain that information.

Chapter V

Time and Manner of Making the Product Available

§ 28

Digital Services or Digital Content shall be made available to the Customer within the period specified in the offer, no later than within one business day after positive authorisation of the required payment, unless the parties expressly agree on another deadline.

§ 29

In the case of a Game Server or VPS Server, within the period specified in § 28 the Service Provider shall provide the Customer with access to the Server and tools used for its configuration and control, in particular the Administration Panel and, where applicable, access to files using the FTP or SFTP protocol.

Chapter VI

Complaints and Conformity of Digital Content or Digital Services with the Agreement

§ 30

In relation to a Customer who is a Consumer and an entity referred to in Chapter IX, the Seller’s liability for conformity of Digital Content or a Digital Service with the Agreement shall be governed, in particular, by the provisions of the Consumer Rights Act.
Digital Content or a Digital Service should conform to the Agreement, in particular with respect to description, type, quality, functionality, compatibility, interoperability, availability, continuity, security and the parameters specified in the offer and Agreement.
If the Digital Content or Digital Service does not conform to the Agreement, the Consumer may demand that it be brought into conformity with the Agreement.
The Seller shall bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable period from the moment it receives information about the lack of conformity and without excessive inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which it is used.
The Seller may refuse to bring the Product into conformity with the Agreement where this is impossible or would involve excessive costs within the meaning of applicable provisions of law.
The Consumer may submit a statement reducing the price or withdrawing from the Agreement in cases specified by applicable provisions of law, in particular where:

bringing the Product into conformity with the Agreement is impossible or would involve excessive costs;
the Seller has failed to bring the Product into conformity with the Agreement within a reasonable period;
the lack of conformity persists despite an attempt to remedy it;
the lack of conformity is sufficiently serious to justify a price reduction or withdrawal from the Agreement;
it is clear from the circumstances that the Seller will not bring the Product into conformity within a reasonable period or without excessive inconvenience to the Consumer.

A complaint may be submitted by e-mail to: [email protected].
In a complaint, the Customer should provide information enabling identification of the Agreement and a description of the problem, in particular the type and date of occurrence of the irregularity and contact details.
The Seller shall respond to a Consumer complaint without delay, no later than within 14 days of receipt.
Failure to provide the Consumer with a response to a complaint within the period required by applicable provisions of law shall have the consequences provided for in such provisions.
A response to a complaint shall be provided on paper or another durable medium, in particular by e-mail.
In the case of a technical problem requiring repair or reinstallation of the Server, the Service Provider shall undertake actions aimed at resolving the problem without delay, taking into account the nature of the failure, and, where technically possible, within up to 5 business days of correct notification of the problem.
With respect to Customers who are neither Consumers nor entities referred to in Chapter IX, the scope of the Seller’s liability may be limited in accordance with these Terms and Conditions and applicable provisions of law.

Chapter VII

Right of Withdrawal from the Agreement

§ 31

A Customer who is a Consumer or an entity referred to in Chapter IX and who has concluded a distance Agreement may, as a general rule, withdraw from it without giving any reason within 14 days, subject to statutory exceptions.
In the case of an Agreement concerning a Digital Service, Digital Content or another performance other than the sale of a physical item, the withdrawal period shall generally be calculated from the date on which the Agreement was concluded.
To comply with the deadline, it is sufficient to send the statement of withdrawal before the deadline expires.

§ 32

A statement of withdrawal from the Agreement may be sent, in particular, to the following e-mail address:

[email protected]

The statement should enable identification of the Agreement to which it relates and the person submitting the statement.
In the case of a Digital Service, the Customer is not required to physically return the Product. The effect of withdrawal consists, in particular, in terminating or restricting access to the Service in accordance with applicable provisions of law.

§ 33

In the event of effective withdrawal from the Agreement, the Seller shall settle the amounts due in accordance with applicable provisions of law.
If the Consumer expressly requested commencement of an paid service before expiry of the withdrawal period and subsequently withdrew from the Agreement before the service was fully performed, the Consumer shall be obliged to pay for the part of the service performed up to the moment of withdrawal, where such an obligation results from applicable provisions of law.
The amount due for the service performed up to the time of withdrawal should be proportionate to the scope of the service actually performed.
Funds due to the Consumer shall be refunded within the period and in the manner resulting from applicable provisions of law.

§ 34

The Consumer may not have a right to withdraw from the Agreement in cases specified in the Consumer Rights Act.
With respect to a paid service, the right of withdrawal shall cease after full performance of the service if:

performance of the service commenced with the Consumer’s express and prior consent;
before commencement of the service, the Consumer was informed that after full performance of the service the right of withdrawal would be lost;
the Consumer acknowledged this information;
the remaining requirements resulting from applicable provisions of law have been fulfilled.

Mere commencement of a continuous Digital Service, such as hosting, a Game Server or VPS Server, before the expiry of 14 days does not automatically result in loss of the right of withdrawal.
With respect to paid Digital Content not supplied on a tangible medium, the Consumer may lose the right of withdrawal if performance commenced:

with the Consumer’s express and prior consent;
after the Consumer had been informed that the right of withdrawal would be lost once performance commenced;
after the Consumer acknowledged that information;
and the Seller provided the Consumer with the required confirmation on a durable medium.

§ 35

The provisions of this Chapter do not exclude any other rights of the Seller or Customer to withdraw from, terminate or dissolve the Agreement resulting from non-performance or improper performance of an obligation or from other applicable provisions of law.

Chapter VIII

Provisions Concerning Entrepreneurs (B2B)

§ 36

The provisions of §§ 37–39 apply exclusively to Customers who are entrepreneurs and who are not covered by the protection provided to Consumers or entrepreneurs entitled to consumer protection.

§ 37

The Seller shall have the right to withdraw from an Agreement concluded with a Customer who is neither a Consumer nor an entity referred to in Chapter IX within 14 business days of its conclusion. Withdrawal may take place without stating a reason, subject to mandatory provisions of law.

§ 38

The Seller shall have the right to restrict the payment methods available to Customers referred to in § 36, in particular by requiring partial or full advance payment.

§ 39

With respect to Customers referred to in § 36, the Service Provider may terminate an agreement for the provision of an Electronic Service in accordance with the rules specified in the Agreement and applicable provisions of law.

Chapter IX

Provisions Concerning Entrepreneurs Entitled to Consumer Protection

§ 40

A natural person concluding an Agreement directly related to that person’s business activity shall benefit from the protection provided by the relevant provisions applicable to Consumers where it follows from the content of the Agreement that the Agreement is not of a professional nature for that person, in particular having regard to the subject matter of the business activity disclosed in the Central Register and Information on Business Activity (CEIDG).

§ 41

The relevant provisions concerning Consumers shall apply to the person referred to in § 40, in particular those relating to:

the right to withdraw from a distance Agreement;
conformity of Digital Content or a Digital Service with the Agreement;
rights in the event of lack of conformity of Digital Content or a Digital Service with the Agreement;
unfair contractual terms – to the extent resulting from applicable provisions of law.

§ 42

The professional nature of an Agreement concluded by a person referred to in § 40 shall be assessed in particular on the basis of the subject matter of that person’s business activity disclosed in the Central Register and Information on Business Activity.

§ 43

The scope of protection granted to an entrepreneur entitled to consumer protection results from applicable provisions of law and may differ from the full scope of protection available to a Consumer.

Chapter X

Type and Scope of Electronic Services

§ 44

The Service Provider enables the use of the following Electronic Services via the Store:

placing Orders and concluding Agreements;
maintaining an Account in the Store;
using the Review System;
using the Newsletter;
sending messages via the Contact Form;
using the Wallet and transaction history.

§ 45

Electronic Services are provided to Service Users on the terms specified in these Terms and Conditions.

§ 46

The Service Provider shall have the right to place advertising and promotional content on the Store’s website in accordance with applicable provisions of law.

Chapter XI

Conditions for the Provision and Conclusion of Agreements for Electronic Services

§ 47

The provision of the Electronic Services specified in § 44 is in itself free of charge, except where an Electronic Service forms part of a paid Product or Agreement.

§ 48

The period for which an agreement for the provision of an Electronic Service is concluded shall be as follows:

an agreement consisting in enabling an Order to be placed is concluded for a fixed period and terminates when the Order is placed or when the process of placing it is abandoned;
an agreement concerning maintenance of an Account is concluded for an indefinite period;
an agreement concerning use of the Review System is concluded for a fixed period and terminates when the review is posted or when use of this functionality is discontinued;
an agreement concerning the Newsletter is concluded for an indefinite period;
an agreement concerning the Contact Form is concluded for a fixed period and terminates when the message is sent or when the process of sending it is abandoned.

§ 49

The technical requirements necessary to use the Service Provider’s ICT system include:

a device with Internet access;
access to e-mail;
an up-to-date web browser;
enabling technologies necessary for the website to operate, in particular JavaScript and required cookies.

§ 50

The Service User is obliged to use the Store and Products in a manner compliant with the law, these Terms and Conditions and accepted standards of conduct, and with respect for the rights of third parties.

§ 51

The Service User is obliged to provide data that is accurate and consistent with the actual state of affairs.

§ 52

The Service User is prohibited from providing, storing or distributing unlawful content.

§ 52a

When using Servers, the following activities are strictly prohibited in particular:

a) cryptocurrency mining (cryptomining), unless the offer for the relevant Product expressly provides otherwise;

b) carrying out network attacks, including DDoS attacks, unauthorised port scanning or other activities compromising the security of ICT systems;

c) sending unsolicited commercial information or SPAM;

d) hosting or distributing content that infringes copyright or other third-party rights;

e) storing, making available or distributing malware, phishing content or other unlawful content;

f) using the services in a manner that may interfere with the proper operation of the Service Provider’s infrastructure or the services of other Customers.

In the event of a breach of these Terms and Conditions, the Service Provider may apply measures proportionate to the nature, seriousness and consequences of the breach, including in particular:

a) requesting that the Service User cease the infringement;

b) restricting specific functionalities;

c) temporarily suspending the Service;

d) removing or disabling access to specific unlawful content;

e) in cases of serious or repeated infringements – terminating provision of the Service.

The Service Provider may take immediate action without prior notice where this is necessary due to infrastructure security, protection of other users, an obligation resulting from law, or the nature and scale of the infringement.
Settlement of the unused portion of fees paid in the event of restriction or termination of the Service shall take into account the reasons for termination of the Agreement and applicable provisions of law.
Nothing in this paragraph excludes any Consumer rights which, under applicable provisions of law, cannot be waived.

§ 52b

Notifications concerning information which the notifying person considers to constitute illegal content stored within the Service Provider’s hosting services may be submitted electronically to:

[email protected]

The notification should be sufficiently precise and properly substantiated and should include, in particular:

a) an explanation of the reasons why the notifying person considers specific information to be illegal;

b) an exact indication of the electronic location of the reported content, in particular a URL, domain, path, IP address or other data enabling it to be identified;

c) the first and last name or business name and e-mail address of the notifying person, except where applicable provisions permit notification without providing such information;

d) a statement confirming that the notifying person is acting in good faith and believes that the information provided is accurate and complete.

Where a notification contains the notifying person’s electronic contact details, the Service Provider shall acknowledge receipt of the notification without undue delay.
Notifications shall be processed in a timely, diligent, objective and non-arbitrary manner.
After a notification has been reviewed, the notifying person shall receive information on the decision taken and – to the extent required by applicable provisions – on the available possibilities for appeal or pursuing claims.
If the Service Provider imposes a restriction on a Service User because specific information has been deemed illegal or non-compliant with these Terms and Conditions, the Service Provider shall provide the affected Service User with a clear and specific statement of reasons for the decision where required by applicable provisions.
The statement of reasons may include in particular:

a) the type of restriction imposed;

b) the facts and circumstances forming the basis of the decision;

c) an indication of the legal basis or relevant provision of these Terms and Conditions;

d) information on the use of automated means, where such means were used in making the decision;

e) available options for challenging the decision.

Where information available to the Service Provider gives rise to a justified suspicion that a criminal offence involving a threat to the life or safety of persons has been committed, the Service Provider shall take actions required by applicable law, including – where required – making the appropriate report to the competent authorities.

Chapter XII

Complaints Relating to the Provision of Electronic Services

§ 53

Complaints relating to the provision of Electronic Services may be submitted by e-mail to:

[email protected]

§ 54

The notification should contain information enabling identification of the problem and the Service User, in particular the type and date of occurrence of the irregularity and contact details.

§ 55

The Service Provider shall consider a complaint without delay, no later than within 14 days of its receipt, unless applicable provisions provide for another deadline.

§ 56

A response to a complaint shall be sent to the e-mail address provided by the Service User or on another durable medium in accordance with applicable provisions.

Chapter XIII

Conditions for Terminating Agreements for the Provision of Electronic Services

§ 57

An agreement for the provision of an Electronic Service of a continuous and indefinite nature, in particular concerning maintenance of an Account or the Newsletter, may be terminated.
The Service User may terminate such an agreement with immediate effect and without giving any reason by sending a statement to:

[email protected]

The Service Provider may terminate an agreement for the provision of an Electronic Service in particular where the Service User breaches these Terms and Conditions, applicable laws or the rights of third parties.
Where the nature of the breach permits, before terminating the agreement the Service Provider may request that the Service User cease the infringement within an appropriate period.
In cases of a serious breach, security threat, unlawful activity or another situation justifying immediate action, the Service Provider may restrict or terminate provision of the Service without prior notice, to the extent permitted by law.

§ 58

The Service Provider and the Service User may at any time terminate an agreement for the provision of an Electronic Service by mutual agreement.

Chapter XIV

Liability

§ 59

The Service User shall be responsible for software, configuration and data placed on the Server by the Service User or by persons acting on the Service User’s behalf, subject to the Service Provider’s liability resulting from applicable provisions of law.
The Service User should regularly make backup copies of important data on independent devices or using independent services.
Unless the offer for a particular Product provides otherwise, automatic backup functionalities available in the Panel are auxiliary in nature and do not replace the Service User’s own independent backups.
The Service Provider shall not be liable for loss of or damage to data to the extent that such loss or damage results from causes attributable to the Service User, the Service User’s Administrator, software used by the Service User or other circumstances for which the Service Provider is not liable under applicable law.
The provisions of this paragraph do not exclude or limit the Service Provider’s liability to the extent that such exclusion or limitation is prohibited under mandatory provisions of law.

§ 60

The Service User or an Administrator designated by the Service User shall be responsible for management and configuration of the Server to the extent that the relevant configuration remains under the Service User’s control.

§ 61

The Service Provider shall not be liable for decisions of third parties concerning the blocking of specific IP addresses, accounts or connections where such a decision does not result from an act or omission for which the Service Provider is liable.

§ 62

The Service User acknowledges that the performance and availability of a connection to the Server may be affected by external factors beyond the Service Provider’s control, including in particular:

a) routing and network routes;

b) inter-operator connections;

c) the Service User’s Internet connection;

d) failures or restrictions affecting third parties;

e) operation of software provided by game developers or external modifications.

The Service Provider shall not be liable for irregularities resulting exclusively from external factors beyond its control, subject to mandatory Consumer rights.

§ 63

The Service User shall be responsible for the actions of persons to whom the Service User has provided access to the Account or Server or to whom the Service User has granted Administrator rights, to the extent resulting from applicable provisions of law.

§ 64

The Service User is required to hold appropriate rights or authorisations to software, games, files and other materials placed or run by the Service User on the Server. The Service User shall be responsible for infringements of third-party rights resulting from materials or software used by the Service User in violation of the law.

Chapter XV

Intellectual Property

§ 65

All content published on the website www.nesthost.pl, except for elements belonging to third parties, is protected under applicable provisions of law and belongs to Nikodem Król, conducting business activity under the business name NestHost NIKODEM KRÓL, NIP: 4970098510, REGON: 545737980, address for service: Przyczyna Dolna 59, 67-400 Wschowa, e-mail address: [email protected].

§ 66

Use of protected elements of the website www.nesthost.pl without appropriate consent or another legal basis may constitute an infringement of intellectual property rights and result in liability provided for under applicable provisions of law.

§ 67

Trade names, Product names, names of entrepreneurs, trademarks and logos belonging to third parties remain the property of their respective owners and are used in the Store solely to the extent permitted by law.

Chapter XVI

Final Provisions

§ 68

Agreements concluded via the Store shall be governed by Polish law, subject to provisions ensuring that a Consumer retains protection which cannot be excluded by a choice of law.

§ 69

If any provision of these Terms and Conditions proves to be invalid or ineffective, this shall not affect the validity of the remaining provisions. The relevant provisions of law shall apply in place of the invalid or ineffective provision.

§ 70

Disputes arising from Agreements concluded between the Seller and a Consumer may, in the first instance, be resolved amicably where both parties agree to do so. Use of an amicable dispute resolution procedure does not deprive the Consumer of the right to pursue claims before the competent court.

§ 71

In the event of judicial resolution of disputes:

disputes between the Service Provider and a Consumer or an entity referred to in Chapter IX shall be resolved by the court having jurisdiction in accordance with applicable provisions of law;
in disputes with a Customer who is an entrepreneur not covered by consumer protection, jurisdiction of the court may be determined in accordance with the rules provided for by applicable provisions and the Agreement.

§ 72

A Consumer may use out-of-court methods for handling complaints and pursuing claims after completion of the complaint procedure.
In particular, a Consumer may apply to the competent Provincial Inspectorate of Trade Inspection for the initiation of proceedings concerning out-of-court resolution of a dispute or use a permanent arbitration court operating at the Trade Inspection, provided that the conditions applicable to the relevant procedure are met.
A Consumer may also use the free assistance of a district or municipal consumer ombudsman and social organisations engaged in consumer protection.

§ 73

Up-to-date information concerning out-of-court methods of resolving consumer disputes, competent ADR entities and assistance available to Consumers is published by the President of the Office of Competition and Consumer Protection and by the competent Trade Inspection authorities.