Effective Date: 30 November 2024

These Terms of Service ("Terms") constitute a legally binding agreement between Omega8.cc ("Company," "we," "us," or "our") and you ("Client," "you," or "your") regarding your use of our Drupal hosting services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Introduction

Omega8.cc specializes in providing high-performance, secure, and scalable Drupal hosting solutions. Our Services are designed to meet the needs of individuals, businesses, and enterprises seeking robust hosting environments optimized for Drupal websites. We are committed to delivering exceptional service quality, reliability, and customer support.

2. Service Offerings

We offer a range of hosting plans tailored to different requirements:

2.1 BOA Pro Hosting

• Description:
  • Managed hosting environment optimized for Drupal.
  • Includes the Barracuda, Octopus, and Aegir (BOA) stack for efficient site management.
• Features:
  • One-click installation and updates of Drupal sites.
  • Automated backups and disaster recovery.
  • Enhanced security measures, including firewalls and SSL support.
  • Support for multiple Drupal versions and profiles.
• Ideal For:
  • Developers and agencies managing multiple Drupal sites.
  • Clients requiring advanced control and customization.

2.2 Cluster Pro Hosting

• Description:
  • High-availability hosting solution using clustered infrastructure.
  • Designed for mission-critical Drupal websites with high traffic.
• Features:
  • Load balancing across multiple servers.
  • Automatic failover and redundancy.
  • Scalable resources to handle traffic spikes.
  • Advanced caching mechanisms for optimal performance.
• Ideal For:
  • Large enterprises and e-commerce platforms.
  • Websites with stringent uptime and performance requirements.

3. Features and Benefits

3.1 Performance Optimization

• Advanced Caching: Integration with Redis and Nginx Microcache for accelerated content delivery.
• Resource Allocation: Dedicated CPU, RAM, and storage allocations for consistent performance.
• Content Delivery Network (CDN): CDN compatibility for faster global content delivery.
• Optimization Tools: Indirect access to tools and scripts for performance tuning and monitoring.

3.2 Security

• Multi-Layered Firewall Protection: Advanced firewall systems to prevent unauthorized access and attacks.
• Regular Security Updates: Automatic application of security patches for server software.
• SSL/TLS Encryption: Free Let's Encrypt SSL certificates or support for custom certificates.
• DDoS Protection: Distributed Denial of Service attack mitigation strategies and tools.
• Malware Scanning: Regular scans to detect and remove malicious code.

3.3 Backup and Recovery

• Automated Backups: Daily, weekly, and monthly backups of files and databases.
• Off-Site Storage: Secure storage of backups in geographically diverse locations.
• Disaster Recovery: Rapid restoration procedures in the event of data loss or corruption.
• Backup Retention: Flexible retention policies to suit your data preservation needs.

3.4 Support

• Technical Support:
  • 24/7 support for critical issues via email and support ticket system.
  • Priority response times based on the hosting plan.
• Knowledge Base and Documentation: Access to comprehensive guides, tutorials, and FAQs.
• Dedicated Account Management: Available for enterprise clients for personalized assistance and consultation.
• Onboarding Assistance: Support during the migration and setup process to ensure a smooth transition.

3.5 Developer Tools

• SSH and SFTP Access: Secure shell and file transfer access for advanced management.
• Git Integration: Support for Git version control and deployment workflows.
• Composer Integration: Support for Composer based codebase deployment workflows.
• Staging and Development Environments: Ability to create staging sites for testing before production deployment.
• Cron Jobs and Task Scheduling: Configure automated tasks and scripts as needed.

4. Payment Terms

4.1 Fees and Pricing

• Subscription Plans: Flexible plans with options for weekly, monthly, quarterly, semi-annual, annual, and bi-annual billing cycles.
• Currency: All fees are denominated in EUR (Euro), however GBP (Great British Pound) payments are accepted too.
• Price Adjustments: We reserve the right to adjust prices with a 30-day notice to you.

4.2 Payment Methods

• Accepted Payment Methods:
  • Credit Cards: We accept major credit cards, including Visa, MasterCard, American Express, and Discover.
  • Bank Wire Transfers: Details for wire transfers will be provided upon request.
• Payment Timing:
  • Payments are due in advance of the service period. Payment is due on the commencement date of the term.

4.3 Late Payments

• Grace Period: A grace period of seven (7) days is provided for overdue payments.
• Late Fees: Late payments may incur a fee of 1.5% per month on the outstanding balance.
• Service Suspension: Services may be suspended if payment is not received within the grace period.
• Service Termination: We reserve the right to terminate Services after thirty (30) days of non-payment.

4.4 Refund Policy

• Money-Back Guarantee: A 30-day money-back guarantee is offered for new clients on shared hosting plans only (Edge and Power).
• Refund Conditions:
  • Refunds exclude setup fees, onboarding fees, and domain registration costs.
  • Not applicable to renewals, custom services, or existing accounts.
• Refund Process: To request a refund, contact our billing department within the guarantee period.

5. Client Responsibilities

5.1 Compliance with Laws and Policies

• Legal Use:
  • You must use the Services in compliance with all applicable local, national, and international laws and regulations.
• Acceptable Use Policy (AUP):
  • You agree to adhere to our Acceptable Use Policy, which prohibits activities including, but not limited to:
  • Hosting illegal, offensive, or infringing content.
  • Distributing malware, viruses, or other harmful code.
  • Engaging in spamming, phishing, or unsolicited mass emailing.
  • Violating intellectual property rights of others.

5.2 Security Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your account credentials, including usernames and passwords.
• Software Updates: Unless managed by us under your hosting plan, you are responsible for keeping your Drupal installations, themes, and modules up-to-date to mitigate security risks.
• Security Practices: Implement strong passwords, two-factor authentication where possible, and regularly monitor your account for unauthorized access.

5.3 Resource Usage

• Fair Use: Ensure that your use of server resources, including CPU, memory, and disk space, does not negatively impact other clients.
• Prohibited Actions: Running resource-intensive scripts or applications that may disrupt server performance is prohibited.
• Notification: We will notify you if your resource usage is excessive and work with you to resolve the issue.

5.4 Data Backup

• Backup Responsibility: While we provide automated backups, you are strongly advised to maintain your own backups of important data.
• Data Verification: Regularly verify the integrity and completeness of your backups.

5.5 Content Responsibility

• Content Ownership: You are solely responsible for all content, data, and information stored or transmitted through our Services.
• Content Compliance: Ensure that your content complies with these Terms and does not infringe on the rights of others.

5.6 Cooperation with Investigations

• Information Provision: You agree to cooperate with any legal or security investigations conducted by us or authorized authorities.
• Timely Response: Provide prompt responses to inquiries related to compliance, security, or abuse reports.

6. Company's Responsibilities

6.1 Service Delivery

• Quality Assurance: Provide Services with reasonable skill and care, in accordance with industry standards.
• Service Availability: Strive to maintain high availability and performance of our hosting infrastructure.
• Notification of Changes: Inform you of any significant changes to Services, planned maintenance, or updates that may affect your use of the Services.

6.2 Security Measures

• Infrastructure Security: Implement and maintain robust security measures to protect our hosting environment.
• Monitoring: Continuously monitor systems for security threats and vulnerabilities.
• Incident Response: Respond promptly to any security incidents and inform affected clients as necessary.

6.3 Support Services

• Technical Support: Provide support as outlined in your hosting plan.
• Response Times: Adhere to response times specified in your plan, with priority given to critical issues.
• Knowledge Sharing: Offer access to resources, documentation, and best practices to help you effectively use our Services.

6.4 Data Protection

• Privacy Commitment: Respect your privacy and handle your data in compliance with applicable data protection laws.
• Data Processing: Process personal data only as necessary to provide the Services.
• Data Security: Protect your data against unauthorized access, alteration, disclosure, or destruction.

7. Service Level Agreement (SLA)

Our Service Level Agreement outlines our commitment to service availability, performance, and support response times.

7.1 Uptime Guarantee

• Commitment: We guarantee 99.99% network and server uptime per calendar month.
• Measurement: Uptime is measured based on our monitoring systems and excludes scheduled maintenance.
• Exclusions: Downtime resulting from client actions, third-party software, or events beyond our control (e.g., natural disasters, network outages) are excluded.

7.2 Remedies

• Service Credits: If uptime falls below the guaranteed level, you may be eligible for service credits as specified in the SLA.
• Claim Procedure: Submit a written request for service credits within thirty (30) days of the downtime occurrence.
• Limitations: Total credits in any given month shall not exceed 100% of the monthly fee.

7.3 Support Response Times

• Standard Support: Response within 24 hours for non-critical issues.
• Priority Support: Response within 1 hour for critical issues, available with certain plans or as an add-on.

8. Data Protection and GDPR Compliance

We are committed to protecting your personal data and complying with the General Data Protection Regulation (GDPR).

8.1 Data Processing Agreement (DPA)

• Incorporation: Our Data Processing Agreement is incorporated into these Terms.
• Scope: Outlines the nature and purpose of processing, types of personal data, and categories of data subjects.
• Processor Obligations: We act as a data processor on your behalf and will process personal data in accordance with your instructions.
• Assistance: We will assist you in fulfilling obligations to respond to data subject requests under GDPR.
• Obligation: We will notify you without undue delay upon becoming aware of a personal data breach affecting your data.
• Compliance: Any transfers of personal data outside the European Economic Area (EEA) will be conducted in compliance with GDPR requirements.

9. Privacy Policy

Our Privacy Policy explains how we collect, use, disclose, and protect your personal information.

• Information Collection: We collect information necessary to provide the Services, including account registration details and usage data.
• Use of Information: Information is used to deliver, maintain, and improve our Services.
• Disclosure: We do not sell your personal information. We may share information with trusted third parties for service provision.
• Security Measures: We implement administrative, technical, and physical safeguards to protect your information.

10. Acceptable Use Policy (AUP)

You agree to use our Services in accordance with our Acceptable Use Policy, which prohibits certain activities that may harm us or others.

10.1 Prohibited Activities

• Illegal Activities: Hosting or transmitting content that is unlawful, harmful, threatening, defamatory, or promotes illegal activities.
• Security Violations: Unauthorized access, hacking, or distribution of malware.
• Network Abuse: Engaging in activities that disrupt the network, such as DDoS attacks.
• Email Abuse: Sending unsolicited emails or spam.
• Intellectual Property Violations: Infringing on copyrights, trademarks, or other proprietary rights.

10.2 Enforcement

• Monitoring: We reserve the right to monitor compliance with the AUP.
• Actions: Violations may result in warnings, suspension, or termination of Services.
• Reporting: Users are encouraged to report violations to Email: abuse@omega8.cc.

11. Term and Termination

11.1 Term

• Initial Term: The Agreement begins on the date of account activation and continues for the period selected during signup.
• Renewal: The Agreement automatically renews for successive terms equal in length to the initial term unless terminated in accordance with these Terms.

11.2 Termination by Client

• For Convenience: You may terminate Services at any time by providing written notice at least thirty (30) days prior to the desired termination date.
• For Cause: You may terminate if we materially breach these Terms and fail to remedy the breach within thirty (30) days of receiving notice.

11.3 Termination by Company

• For Violation: We may terminate Services immediately if you violate these Terms, including the Acceptable Use Policy.
• For Non-Payment: We may terminate Services if payment is not received within thirty (30) days of the due date.
• For Legal Reasons: We may terminate if required to comply with legal obligations or court orders.

11.4 Effects of Termination

• Service Cessation: All Services will cease upon the effective date of termination.
• Data Deletion: Your data will be deleted from our servers, and we are not responsible for retaining backups unless otherwise agreed.
• Outstanding Fees: You are responsible for any fees accrued up to the termination date, including any applicable termination fees.

12. Intellectual Property Rights

12.1 Client Content

• Ownership: You retain all rights and ownership of your content, data, and applications.
• License to Company: You grant us a non-exclusive, worldwide license to host, reproduce, and transmit your content as necessary to provide the Services.

12.2 Company Materials

• Ownership: We retain all rights, titles, and interests in our software, technology, and intellectual property used to provide the Services.
• License to Client: We grant you a limited, non-exclusive, non-transferable license to use our materials solely for the purpose of accessing and using the Services.

13. Confidentiality

• Confidential Information: Any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects.
• Protection: Both parties agree to protect the confidentiality of the other's Confidential Information with the same degree of care as they use to protect their own.
• Use Limitation: Confidential Information shall be used solely for the purposes of fulfilling obligations under these Terms.
• Exceptions: Confidential Information does not include information that is publicly available, already known, independently developed, or lawfully obtained from a third party.

14. Warranties and Disclaimers

• Authority: Each party represents that it has the legal authority to enter into these Terms.
• Service Quality: We warrant that the Services will be provided in a professional manner consistent with industry standards.
• As-Is Basis: Except as expressly provided, the Services are provided "as is" and "as available."
• No Implied Warranties: We disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

• Cap on Liability: Our total cumulative liability under these Terms shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the liability.
• Indirect Damages: Neither party shall be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the Services.
• Exclusions: The limitations in this section do not apply to breaches of confidentiality, gross negligence, willful misconduct, or liabilities that cannot be excluded by law.

16. Indemnification

• By Client: You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses arising from your use of the Services in violation of these Terms or applicable laws.
• By Company: We agree to indemnify, defend, and hold you harmless from any claims, damages, or expenses arising from our gross negligence or willful misconduct in providing the Services.
• Notification: The indemnified party must promptly notify the indemnifying party of any claims.
• Cooperation: The indemnified party shall provide reasonable assistance at the indemnifying party's expense.
• Control: The indemnifying party shall have control over the defense and settlement of the claim.

17. Dispute Resolution

• Negotiation: Parties agree to attempt in good faith to resolve any dispute informally.
• Mediation/Arbitration: If unresolved, disputes may be submitted to mediation or binding arbitration.
• Governing Law: These Terms are governed by the laws of Poland.
• Jurisdiction: Exclusive jurisdiction lies with the courts of Poland.

18. Governing Law

• Applicable Law: These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.

19. Amendments

• Right to Amend: We may amend these Terms by providing 30 days' notice.
• Acceptance of Amendments: Continued use of Services after amendments constitutes acceptance.

20. Miscellaneous

• Integration: These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment Restriction: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• Permitted Assignment: We may assign our rights and obligations to an affiliate or in connection with a merger or acquisition.
• Force Majeure: Neither party shall be liable for failure to perform due to events beyond their reasonable control, such as natural disasters, war, terrorism, government action, or internet outages.
• Force Majeure Notification: The affected party must notify the other promptly and make reasonable efforts to mitigate the effects.
• No Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Relationship of Parties: The parties are independent contractors, and nothing in these Terms shall create a partnership, joint venture, or agency relationship.

21. Notices

21.1 Method of Notice

• Written Notice: All notices required under these Terms shall be in writing and delivered via email.

21.2 Contact Information

• Company Contact: Omega8.cc Email: support@omega8.cc
• Client Contact: The contact information you provided during account registration shall be used for notices to you.

22. Affiliate Program

22.1 Enrollment

• Eligibility: Open to individuals and businesses who meet our program criteria.
• Application: Apply through our affiliate portal and agree to the Affiliate Program Terms.

22.2 Commissions

• Structure: Earn commissions for each new client referred who purchases our Services.
• Payment: Commissions are paid out monthly after verification of successful referrals.

22.3 Obligations

• Marketing Guidelines: Affiliates must adhere to our branding and marketing guidelines.
• Prohibited Practices: Self-referrals, fraudulent activities, or misleading promotions are prohibited.

23. Support and Response Times

23.1 Standard Support

• Availability: Support is available via email and support tickets during business hours.
• Response Time: We aim to respond to non-critical issues within twenty-four (24) hours.

23.2 Priority Support

• Eligibility: Included in certain hosting plans or available as an add-on service.
• Response Time: Priority response to critical issues within one (1) hour.

23.3 Support Scope

• Included Support: Assistance with server-related issues, hosting environment, and basic Drupal support.
• Excluded Support: Custom development, site-specific issues, or third-party applications unless covered under a separate agreement.

24. Backup and Data Recovery

24.1 Backup Services

• Frequency: Automated backups are performed daily for all hosting accounts.
• Retention: Backups are retained for a minimum of thirty (30) days.

24.2 Data Recovery

• Restoration Requests: You may request data restoration via support ticket.
• Fees: Data recovery services may incur additional fees, depending on your hosting plan.

24.3 Limitations

• No Guarantee: While we strive to ensure backups are complete and accurate, we do not guarantee the availability of backups and encourage you to maintain your own copies.

25. Compliance with Laws

• Compliance: You agree to comply with all applicable export and import laws and regulations.
• Lawful Use: You must ensure that your use of the Services is lawful in your jurisdiction.
• Content Restrictions: Prohibited content includes, but is not limited to, child exploitation materials, hate speech, and content promoting illegal activities.

26. Contact Information

If you have any questions or require further clarification regarding these Terms, please contact us at:

Omega8.cc Hosting Systems
Email: support@omega8.cc
Website: https://omega8.cc/contact

27. Appendices

Appendix A: Acceptable Use Policy (AUP)
Appendix B: Service Level Agreement (SLA)
Appendix C: Data Processing Agreement (DPA)
Appendix D: Privacy Policy

By subscribing to or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Hosting Service.