The complete source contains historical addresses, service interfaces and rules. Your contract refers to the applicable version; the effective date of the source has not been established. This translation preserves historical wording, including references and technical rules.
Current provider contact
A & A Systems Kft.; 2310 Szigetszentmiklós, II. Rákóczi Ferenc utca 7. A. épület, 3. emelet, 30. ajtó; info@aasystems.hu.
A & A Systems Szolgáltató és Tanácsadó Korlátolt Felelősségű Társaság (registered office: 2310 Szigetszentmiklós, II. Rákóczi F. utca 41., 3rd floor, door 30; company registration number: Cg. 13-09-148708; represented by Managing Director Jónás Attila), as Provider, undertakes to provide the web hosting service specified in the Contract.
I). Definitions
1.1. Provider: A & A Systems Szolgáltató és Tanácsadó Korlátolt Felelősségű Társaság (registered office: 2310 Szigetszentmiklós, II. Rákóczi F. utca 41., 3rd floor, door 30; company registration number: Cg. 13-09-148708).
1.2. GTC: these General Terms and Conditions for Hosting Services.
1.3. Order Form: the pages of the online contract formation interface created by the Provider that contain the information and parameters relating to the order.
1.4. Subscriber: the natural person, legal person or business entity without legal personality identified in the Order Form that uses the Service.
1.5. Contract: the agreement between the Subscriber and the Provider for use of the Service, comprising the GTC and the Order Form.
1.6. Service: the hosting service defined in Section 2(lc) of Hungarian Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter: Electronic Commerce Act), under which the Provider makes hosting space available to the Subscriber with the technical characteristics (data storage capacity, processor performance, virtual memory, etc.) of the Service Package subscribed to by the Subscriber.
The Subscriber does not manage or maintain the underlying server infrastructure, but does manage and maintain the hosting space made available, the programs installed on it, email and other files.
1.7. Tariff: the prices published by the Provider on the Service website specifying the charges payable by the Subscriber for use of the Service under the Contract.
1.8. Party or Parties: the Provider and the Subscriber, separately or jointly.
1.9. Online Customer Portal: the interface provided by the Provider through which the Subscriber can carry out tasks relating to the Service, billing and other communications online. Address: https://online.mhosting.hu
II.) Service conditions
2.1. Under the Contract, the Provider gives the Subscriber access to hosting space with the technical parameters (storage capacity, processor, memory, etc.) specified in the Service Package. The Provider makes the Service accessible with annual availability of 99.9%. For this purpose, the Provider uses appropriate hardware and software necessary for secure operation and provides appropriate environmental conditions.
The Service is used through the cPanel web server interface and the Online Customer Portal.
2.2. Under the Contract, the Provider undertakes to provide the following technical features for email accounts available in the Service Packages: POP3, IMAP, SMTP, webmail access and email forwarding.
2.3. The Subscriber may request a dedicated, individual IP address as an additional service for a separate charge.
2.4. Under the Service, the Subscriber acquires the right of control, to the extent specified in the Contract, over the ordered Service only, and not over the hardware or software concerned. The Subscriber may install and run programs on the subscribed virtual infrastructure as part of the Service, but may not engage in acts contrary to the Criminal Code or otherwise unlawful when doing so.
2.5. The Subscriber acknowledges that the Provider does not give physical access to the IT equipment underlying the Service; the data are accessible to the Subscriber only electronically.
2.6. The Subscriber is responsible for backing up data uploaded or otherwise created as part of the Service (files, databases, email, etc.). Several backup options are available: cPanel backup, the backup function built into the application installer (Installatron), FTP access and phpMyAdmin. The Provider intends to offer server-side backups to the Subscriber as a free option outside the Service, daily, weekly, monthly or possibly at other intervals, but accepts no liability whatsoever if these backups are not performed.
2.7. Each regular maintenance operation causing temporary interruption of the Service may last no longer than 6 hours. Regular maintenance may not exceed 20 hours in each six-month period. The Provider may perform maintenance that does not interrupt the Service for an unlimited duration. Regular maintenance periods causing temporary interruption of the Service are excluded from the calculation of availability.
2.8. The Provider shall notify the Subscriber, in accordance with the communication rules, of regular maintenance requiring temporary interruption of the Service at least 24 hours before work begins. The notice shall state the purpose of the regular maintenance and the expected time and duration of the interruption.
2.9. If the Service is interrupted for a reason attributable to the Provider, the Subscriber is entitled to a refund as follows. For each 1% shortfall below the promised availability, the refund is 10% of the monthly charge for the Service concerned, up to a total maximum of 100% of that month's charge. For longer payment periods, the monthly charge means the proportion of the period's charge attributable to one month; for example, for annual payment it means 1/12 of the annual charge. At the Subscriber's request, the Provider credits the refund to the next payment request(s).
2.10. The Provider draws the Subscriber's attention to the fact that any function or component marked “Beta”, “Trial operation” or similarly has not yet undergone comprehensive testing, and its operation is not guaranteed. Promised availability or other service levels do not extend to such functions or components.
2.11. The Provider is not liable for damage resulting from interruption of the Service beyond the amount of the contractual penalty.
2.12. If the duration of an interruption caused by a fault attributable to the Provider exceeds
12 hours on any one occasion in the case of a continuous interruption, or
40 hours within 3 consecutive months,
this constitutes a serious breach of the Contract by the Provider. In such a case, the Subscriber may terminate the Contract with immediate effect.
2.13. In the event of data loss proven to have been caused by the Provider, the Provider shall pay lump-sum compensation to the Subscriber. The compensation equals the charge for the Service for the month concerned, or, in the case of advance payment, the proportion of the charge attributable to that month. The Subscriber acknowledges that, owing to the nature of the Services, the Provider is not liable beyond this amount for the costs of remedying damage caused by data loss.
2.14. The above limitations do not apply to damage caused intentionally, through gross negligence or by a criminal offence, or to damage to life, bodily integrity or health. The charges under the Contract were determined with regard also to the limitation of liability in this clause.
2.15. The Subscriber acknowledges that the storage space and other operating parameters of the Service Packages are limited and overuse is not permitted. Larger or smaller storage space and different operating parameters can be obtained by changing the Service Package.
2.16. The Subscriber may not transfer the Service to third parties without the Provider's prior permission. Breach of this obligation constitutes a serious breach of the Contract, on which basis the Provider may terminate the Contract with immediate effect.
2.17. The Service website sets out the detailed technical conditions, service quality requirements and support services associated with the Service, including maintenance windows. The Provider may unilaterally change these technical parameters as follows:
if the change fundamentally affects the characteristics of the Service, the Provider may change them unilaterally in accordance with the rules for amending the GTC;
if the change does not fundamentally affect the characteristics of the Service, the Provider may change them unilaterally at any time without a separate notification obligation.
2.18. The Provider may, but is not obliged to, periodically inspect programs run by the Subscriber for compliance with the law. If it discovers that the Subscriber is infringing the laws of the Republic of Hungary on copyright and related rights or engaging in other acts contrary to the Criminal Code, it may suspend or restrict the Service and terminate the Contract with immediate effect.
2.19. The Subscriber shall do everything reasonably expected to prevent spamming.
2.20. The Provider may restrict the Service in part or in full if it detects a security incident originating from the Subscriber's Service. Such incidents include, among others, spamming, serving phishing websites, distributing malware and participating in network attacks.
2.21. The Subscriber accepts the acceptable use guidelines supported by the Council of Hungarian Internet Providers (ISZT) published at http://www.iszt.hu/iszt/aup.html.
2.22. If the Service Package permits the subscribed resources to be divided and resold (reseller hosting packages), the Subscriber is responsible for, and guarantees the conduct of, everyone to whom it resells the service. The Subscriber's liability under these GTC applies separately to each resold hosting account, and the Provider may restrict resold hosting in the same manner as other hosting. The Subscriber acknowledges and accepts that the Provider deals only with the Subscriber and therefore has no business relationship with subscribers to resold hosting (the Subscriber's customers) and does not provide them with technical support.
III.) Payment of charges
3.1. The Subscriber shall pay for use of the Service in advance for the period of its choice. The charges payable depend on the precise scope of the Service and the Provider's published Tariff in effect from time to time. Any one-off charges are billed to the Subscriber in the next payment request after they arise.
3.2. At least 10 days before the billing period begins, the Provider issues a payment request (pro forma invoice) to the Subscriber for the charge due.
3.3. The Subscriber shall pay the charge due by the deadline stated in the payment request using one of the following methods:
transfer to the Provider's bank account,
payment by bank card,
payment by PayPal, or
cash, on the Subscriber's specific request,
other payment methods that the Provider may make available.
3.4. Payment is deemed completed when the full amount in the currency stated on the invoice is credited to the Provider. At the same time, the Provider issues an authentic electronic invoice to the Subscriber replacing the payment request.
3.5. The Subscriber shall pay recurring charges due on time even if it has not received the relevant payment request by the deadline; in that case it shall promptly notify the Provider.
3.6. Recurring PayPal payment. If the Subscriber uses PayPal when ordering or during a subsequent payment, automatic renewal (PayPal Subscription) may become available in certain cases. The renewal frequency follows the Service's payment period. If the Subscriber selects this method and gives consent on the PayPal website, PayPal automatically charges its PayPal account for recurring payment requests associated with the Service and settles the payment request due.
Automatic PayPal payment may be cancelled at any time on the PayPal website (www.paypal.com). The Subscriber acknowledges that the Provider does not notify PayPal of changes to or cancellation of the Service charge; further management of an authorised automatic PayPal payment is therefore the Subscriber's obligation and responsibility.
If a PayPal charge fails, PayPal attempts payment for the same payment request up to 2 more times. After three failed attempts, automatic payment is suspended.
3.7. Automatic PayPal payment. If the Subscriber uses PayPal when ordering or during a subsequent payment, Automatic PayPal Payment (PayPal Billing Agreement) may become available in certain cases. This allows payment requests to be settled without entering PayPal details again. To use it, the Subscriber must declare on PayPal's payment interface during a PayPal payment that it wishes to enter into and use a PayPal Billing Agreement. The Provider does not process or store PayPal passwords. A unique identifier is generated at payment; the Provider identifies the PayPal account using this and the PayPal login identifier. With Automatic PayPal Payment, the Subscriber consents at the first payment to the Provider initiating recurring payments for future charges and debiting the PayPal balance associated with the account for subscription charges when they become due.
Consent to Automatic PayPal Payment may be revoked at any time through the Online Customer Portal or on PayPal under “My preapproved payments”.
For Automatic PayPal Payment, the charge is debited 2 days before it is due (the payment deadline). If a charge fails, PayPal attempts payment for the same payment request up to 2 more times. After three failed attempts, automatic payment is suspended.
3.8. Automatic card payment or card registration. If the Subscriber pays by card when ordering or during a subsequent payment, automatic card payment may become available in certain cases. This allows payment requests to be settled without entering card details again. To use it, the Subscriber must declare on the Provider's interface that it wishes to use automatic card payment. The Provider does not process or store complete card details. A unique identifier is generated at payment; the Provider identifies the card using this and the partial card number permitted by the card schemes. The Provider's card payment partner stores card details in accordance with the strict security requirements prescribed by the card schemes.
With automatic card payment, the Subscriber consents at the first payment to the Provider initiating recurring payments for future charges and debiting the bank account associated with the card for the subscription charge when it becomes due.
Consent to automatic card payment and the registered card may be removed at any time through the Online Customer Portal.
For automatic card payment, the charge is debited 2 days before it is due (the payment deadline). If a card charge fails, the Provider attempts card payment for the same payment request up to 2 more times. After three failed attempts, the Provider suspends further charges to the card.
3.9. The Provider is not liable if a payment by the Subscriber is not credited or recorded by the Provider owing to an error by a payment intermediary (PayPal, payment gateway or postal service).
3.10. In the event of late payment, the Subscriber shall pay default interest at the prevailing central bank base rate increased by 7%. If the Contract was concluded between business entities and the invoice payment deadline is missed, the party liable for payment shall, in addition to default interest, pay the forint equivalent of forty euros at the official midpoint exchange rate of the Hungarian National Bank applicable on the first day of the default interest obligation.
3.11. If, despite a payment reminder sent by email or in writing, the Subscriber is more than 7 days late in paying charges owed to the Provider under the Contract, the Provider may suspend or restrict the Service starting on the 6th day after the first reminder. The Subscriber remains fully liable for payment of the charges during suspension or restriction.
3.12. The Subscriber may request a payment extension of no more than 15 days, at most once per calendar half-year. The late payment provisions do not apply only if the Provider has approved the extension request by the payment due date.
3.13. The Provider issues an authentic electronic invoice for the charge in accordance with applicable law. The Subscriber acknowledges and accepts that the Provider does not issue paper invoices.
3.14. Where the Subscriber is entitled to a refund, the Provider, on request, refunds it using the payment method and currency used to settle the invoice concerned. The Provider makes the refund within 14 days after the Subscriber's notification, deducting its own costs incurred or other handling charges. The Subscriber receives email notification of the refund. The Provider issues an invoice for the handling charge incurred.
IV.) Liability
4.1. The Subscriber may use the Service only for lawful purposes and in a lawful manner. The Subscriber is liable for damage caused to the Provider or third parties and for any other infringements (spam, phishing, infringement of intellectual property rights, DDoS).
4.2. The Subscriber is responsible for the security of the programs it installs. It shall take all reasonably expected steps to apply security updates and prevent these programs from being compromised.
4.3. The Subscriber shall assign secure passwords to the user accounts it creates and use the passwords responsibly so that they do not become known to unauthorised third parties. The Subscriber is liable for damage resulting from unauthorised access.
4.4. The Provider is not liable if its partner providers, from whom it obtains network access, restrict or filter traffic because of a network incident. The Subscriber shall do everything possible to prevent events that constitute a security incident or cause damage to other providers.
4.5. The Subscriber shall take all reasonably expected measures to prevent unlawful transfer of copyright-protected works into or out of its network. If an infringement is reported by a software manufacturer, publisher, other rights holder or representative, the Provider may restrict the Service or, where justified, terminate the Contract with immediate effect.
4.6. In the event of data loss proven to have been caused by the Provider, the Provider, upon the Subscriber's claim for compensation, refunds the monthly charge for the affected Service for the month concerned. The Subscriber acknowledges that, owing to the nature of the Services, the Provider is not liable beyond this amount for damage arising from data loss or lost profits, or for the costs of remedying the damage.
4.7. Unless the Order Form provides otherwise, the Provider's liability for damage for which it is responsible and which does not fall under the preceding paragraph is also limited, to a maximum of 3 months of recurring charges payable by the Subscriber to the Provider under the Contract.
4.8. The above limitations do not apply to damage caused intentionally, through gross negligence or by a criminal offence, or to damage to life, bodily integrity or health. The contractual charges were determined with regard also to the limitation of liability in this clause.
4.9. The Subscriber acknowledges that, for files made available or transmitted on the internet and information society services provided as part of the Service, it is deemed the provider responsible for the content under Hungarian Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter: Electronic Commerce Act).
4.10. Under the Electronic Commerce Act, the Provider is an intermediary service provider for the Service and, under that Act, is not liable for infringing content placed by the Subscriber on the Provider's hosting facilities as part of the Service. If the Provider receives a notice alleging infringement under Section 13(1) of that Act, it follows the measures under Section 13 (notice-and-takedown procedure). Removal of infringing data placed by the Subscriber on its hosting space, or restriction of access to those data, as part of that procedure does not constitute a breach of contract.
4.11. If a criminal court orders temporary or permanent disabling of access to electronic data stored on the Provider's hosting facilities, the Provider acts in accordance with Section 12/A of the Electronic Commerce Act on the basis of that order and temporarily or permanently removes the specified data. The Provider carries out the removal within one working day of receiving the court order and promptly notifies the affected Subscriber or, if the stored data were publicly accessible, the users of the hosting service. This procedure does not constitute a breach of the Contract.
4.12. If the court later lifts the temporary disabling of access or, upon conclusion of the criminal proceedings, orders the Provider to restore the electronic data, the Provider complies within one working day of receiving the court order.
4.13. To enforce claims relating to the Service, the Provider retains Contract-related documents and evidence and data received for one year after claims relating to the Contract cease to exist, but for at least five years from the Contract's entry into effect.
4.14. The Subscriber acknowledges that the Provider is not liable for removal of the information/electronic data concerned or termination of access to it in connection with the notice-and-takedown procedure or temporary or permanent disabling of access to unlawful electronic data published online.
4.15. If third parties assert claims against the Provider concerning content affected by the notice-and-takedown procedure or temporary or permanent disabling of access to unlawful electronic data published online, the Subscriber shall take the Provider's place or, if this is not possible, give all assistance necessary for an effective defence. The Subscriber shall reimburse the Provider for the costs of these proceedings and do everything possible to prevent detriment to the Provider's interests.
4.16. The Subscriber bears full liability under civil law for all damage it causes to the Provider's data.
4.17. Neither Party is liable for non-performance or defective performance of its contractual obligations where unforeseen circumstances outside both Parties' control (force majeure) prevent performance. Such circumstances include acts of war, rebellion, sabotage, bombing or other emergencies, disasters, floods, fire, lightning or other natural disasters, work stoppages, and measures taken on the orders of bodies authorised under the defence or police legislation.
4.18. The Subscriber acknowledges that the Provider may use subcontractors or other contributors to perform any contractual obligation. The Subscriber may use subcontractors (performance assistants) to perform its obligations, but is liable for their activities as if it had performed them itself.
V.) Duration and termination of the Contract
5.1. The Contract is concluded for an indefinite period in accordance with the online contracting procedure specified on the Provider's website.
5.2. The contracting procedure:
The Subscriber may submit its order to the Provider online through the Provider's website.
On the ordering interface, the Subscriber must:
select the Service Package it wishes to order,
enter the domain name it wishes to use,
enter any additional optional parameters it wishes to use,
provide its own details or, for an existing subscriber, its identifier and password,
and finally finalise the order.
5.3. Input errors may be corrected through the interface at any stage until the order is finalised.
5.4. Orders may be placed and contracts concluded in Hungarian and English. The GTC for the Service are available in Hungarian.
5.5. The Provider acknowledges receipt of the order to the Subscriber by automatic confirmation email no later than 48 hours after receipt. The email includes the information provided during purchase or registration, the order number and order date. This email constitutes the Provider's acceptance of the Subscriber's order. Acceptance creates a valid contract between the Provider and the Subscriber. If confirmation does not reach the Subscriber within 48 hours after receipt of the order, or the Provider does not accept the order, the Subscriber is released from its commitment to the order. An automatic confirmation email received more than 48 hours after the Subscriber's order does not constitute the Provider's acceptance.
5.6. The Provider also permits orders orally or by email. In this case, the Subscriber orders use of the service orally or in writing through telephone or email customer service. Within 48 hours, the Provider sends an email confirmation of the oral information it supplied. This confirmation email constitutes the Provider's acceptance of the order. Acceptance creates a valid contract between the Provider and the Subscriber.
5.7. A contract concluded through the Provider's website, by email or by telephone is not considered a written contract and is not filed by the Provider.
5.8. Either Party may terminate the Contract without stating a reason. The Subscriber may terminate immediately or on the last day of the current billing period. Termination by the Subscriber is valid only if it has no overdue charges or, in an advance-payment arrangement, payment requests currently due. Until the end of the notice period, the Provider shall supply the Services and the Subscriber shall pay the relevant charges. The Provider may terminate by ordinary notice effective on the last day of the current paid billing period.
5.9. Either Party may terminate the Contract with immediate effect if the other seriously breaches a contractual obligation. A serious breach by the Subscriber includes, in particular, being more than 14 days late in paying for the Services used under the Contract. In such a case, on the 15th day of the delay the Provider terminates the Contract with immediate effect, may discontinue the Subscriber's system access and may immediately and irreversibly delete data stored on the hosting space provided to the Subscriber.
5.10. Notice of termination may be given in writing, by email or through the relevant Service interface. The Subscriber may terminate the Contract only if it has no outstanding unpaid charges.
5.11. The Subscriber shall remove programs and data uploaded as part of the Service before the Contract ends. Such programs and data are automatically deleted when the Contract ends.
VI.) Amendment of the Contract
6.1. The Subscriber may independently change technical parameters of the Service it uses through the Online Customer Portal. Certain changes require that it have no overdue charges. The Provider may refuse a change only if it lacks sufficient capacity to provide the modified Service or the change would result in failure to meet the technical conditions needed to provide the Service (incorrect configuration).
6.2. When Services are expanded, the amendment takes effect only after the Subscriber pays the proportion of the additional charge attributable to the current billing period. No refund is due when Services are reduced.
6.3. The Provider may regularly review and, if necessary, change the Tariff for the Service, taking account of market conditions and the tariffs of its contributors. It shall notify the Subscriber in writing or by email at least 15 days before the change takes effect. The change does not affect charges for a current period that has already been paid for.
6.4. The Provider may also request changes to the Contract's conditions where justified. In that case, it shall send the amended contract text, or a link to it, to the Subscriber in writing or by email at least 30 days before the amendment takes effect. If the Subscriber does not terminate by ordinary notice within 15 days after the Provider sends its proposal, the proposed amendment is deemed accepted by the Subscriber.
6.5. Any other amendment to the Contract is valid only by mutual agreement in writing.
6.6. If the Subscriber requests the Provider's assistance with an amendment it could make independently through the provided online Service interface, the Provider may charge a separate fee for the change.
VII.) Cooperation and communication
7.1. The Parties accept email as an official written form for their communications. The official notification method is email. The Provider sends all communications and notices to the Subscriber by email.
7.2. The Subscriber and the Provider shall cooperate and promptly inform the other Party in writing of all material circumstances relating to performance of the Contract. In urgent cases, messages communicated by telephone must be confirmed in writing by acknowledged email or registered letter.
7.3. The Subscriber provides in the Order Form the details of the contact person or persons and their decision-making authority.
7.4. The Subscriber shall provide accurate data when ordering and using the Service. It is responsible for keeping contact details up to date and shall update any changed data through the designated online interface within 15 days. The Provider may verify the data and, at its discretion, request additional identification data or documents. If the Subscriber fails to comply with such a request, the Provider may suspend or restrict the Service or refuse to start it.
7.5. The Subscriber may change the notification addresses given in the Order Form through the designated online Service interface. The Provider may change those addresses after giving the Subscriber 8 days' prior written notice. The Subscriber shall provide a private email address for communications that is not allocated as part of the Service and remains accessible if the Service is restricted or ends.
7.6. The Provider identifies the Subscriber using the email address supplied for communications; the Subscriber shall therefore contact the Provider using that address.
7.7. Where the Contract permits notification by email, the message is deemed delivered on the 2nd working day after sending, unless the sending Party receives an error message indicating delivery failure.
7.8. Where urgent action is required, the Provider attempts to contact the Subscriber using the supplied contact details. If the Subscriber cannot be reached, the Provider acts at its own discretion, taking the Subscriber's interests into account, and may take the necessary measures. It bears no financial liability for those measures in such cases. Otherwise, the Provider changes or deletes data uploaded by the Subscriber only with the Subscriber's authorisation.
7.9. The Provider may use subcontractors or other contributors to provide the Service without the Subscriber's separate consent.
7.10. The Subscriber may not transfer the Service to third parties without the Provider's prior written permission. Breach of this obligation constitutes a serious breach of contract by the Subscriber.
7.11. The Subscriber acknowledges that, in certain cases such as a telephone support request, the Provider may request and verify the personal data of the person acting and make provision of the requested support or other service conditional on successful identification.
7.12. The Provider may monitor its systems for the security of its equipment and network and, where justified, take exceptional and immediate measures to protect its own, the Subscriber's and others' networks. In such cases, the Subscriber may not claim compensation from the Provider for associated Service restrictions or other damage.
7.13. The Provider cooperates with competent authorities and courts in investigating infringements, including complying with their requests for data. The Subscriber may not claim compensation in such cases.
7.14. For matters not regulated above, the Parties accept the applicable provisions of the Hungarian Civil Code and, in a legal dispute, recognise the jurisdiction of the court with territorial competence.