DRAFT 2026-10-draft – to be reviewed by a lawyer. Marked sections [TO BE COMPLETED] require approval prior to publication.
Terms and Conditions of Service and SLA Agreement
§1. Service Provider
The services are provided by Sprzedaje.tv sp. z o.o., a limited liability company with its registered office in Imielin, at 13a Xawerego Dunikowskiego Street, 41-407 Imielin, entered in the National Court Register (KRS) under number 0001059914, Tax Identification Number (NIP) 6463006982, REGON 526480820, operating under the brand name Lexeme.eu (“Service Provider”). Contact: biuro@cyberplaneta.pl, tel. +48 576 209 944, support system via the customer portal.
§2. Definitions
- Customer – a natural person, a legal person or an organisational unit ordering the Service.
- Consumer – A customer who is a natural person and who enters into a contract not directly related to their business or professional activities; the provisions concerning the Consumer also apply to a sole trader where the contract is not of a professional nature for that trader (Section 38a of the Consumer Rights Act).
- Service – the service specified in the order: web hosting, VPS server, dedicated server, gaming server, streaming, GPU computing power, AI model APIs, SSL certificate, domain registration, software and other services from the range.
- Billing period – the period for which the Customer pays in advance (1, 3, 6, 12, 24 or 36 months, depending on the offer).
- Customer Panel – the Customer’s account on the nowa.cyberplaneta.pl website, where the Customer manages Services, payments and support requests.
- Availability – the time during which the Service responds to network connections within the Service Provider’s infrastructure, measured on a calendar month basis.
§3. Conclusion of the contract
- The contract is concluded upon placing an order via the Customer Portal and accepting these Terms and Conditions, the Data Processing Agreement and the Privacy Policy.
- The Service is activated once the payment has been processed. The Customer receives their login details via the Customer Portal.
- The contract is concluded for an indefinite period and is automatically renewed for subsequent billing periods until the Customer opts out of renewal via the Customer Portal or terminates the contract.
- The service provider may refuse to enter into a contract or may request verification of the details if there is reasonable suspicion that false details have been provided or that there is an intention to breach §7.
§4. Payments
- Fees are payable in advance for the Billing Period, in accordance with the price list in force on the date of the order or renewal. The service provider issues a VAT invoice.
- For service renewals, the Service Provider issues an order and an invoice before the end of the current period. The customer may register a payment card for automatic debiting; this authorisation may be withdrawn via the Customer Portal at any time.
- Failure to make payment by the due date will result in the Service being suspended on the day following the due date. The Customer’s data remains unaffected, and the Service is reinstated once the outstanding payment has been credited. After 12 months of suspension, the contract is terminated and the Service data is deleted in accordance with §10.
- The change to the price list does not apply to the period for which payment has already been made. The Service Provider shall give at least 30 days’ notice of any price changes for the next period; the Customer may choose not to renew their subscription.
§5. Service Level Agreement (SLA)
- The service provider guarantees 99.9 per cent monthly uptime for its hosting, VPS, dedicated server, gaming server, streaming and GPU services.
- The following are excluded from the definition of unavailability: maintenance work announced at least 24 hours in advance (up to a total of 4 hours per month, where possible between 22:00 and 06:00), failures on the Customer’s side (relating to their software, configuration or exceeding limits), DDoS attacks exceeding the protection capabilities, actions by third-party operators beyond the Service Provider’s control, and force majeure.
- If the Availability in a given month is lower than the guaranteed level, the Customer is entitled to compensation calculated on the basis of the monthly fee for the Service affected by the unavailability:
For services paid for over a longer period, the monthly fee is calculated as the fee for the period divided by the number of months. As a guide: 99.9% corresponds to approximately 43 minutes of downtime per month, 99.0% to approximately 7 hours, and 95.0% to approximately 36 hours.Monthly availability Compensation from 99.0% to less than 99.9% 10 per cent of the monthly fee from 95.0% to less than 99.0% 25 per cent of the monthly fee less than 95.0 per cent 50 per cent of the monthly fee - The compensation takes the form of a discount for the following period. The customer must claim it via the claims system within 30 days of the end of the month to which it relates.
- Compensation under the SLA settles any claims the Customer, as a business, may have in respect of the Service being unavailable.
- GPU hour packages and AI model API services (tokens) are provided on a ‘best effort’ basis; the SLA referred to in paragraph 1 does not cover them, unless otherwise stated in the offer.
§6. The Service Provider’s obligations and backups
- The service provider shall maintain the infrastructure with due care, implement the security measures set out in the Entrustment Agreement, and provide notice of any planned works.
- Backups carried out by the Service Provider (if included in the package, with the retention period specified in the offer) provide additional security. The Customer is responsible for regularly creating and storing their own backups of their data. VPS, dedicated server and GPU services do not include backups, unless the Customer has purchased this option.
- Technical support covers the operation of the Service Provider’s infrastructure; configuration of the Customer’s software is a separate, chargeable service.
§7. The Customer’s obligations and terms of use
- The Customer shall use the Services in accordance with the law and the Acceptable Use Policy. In particular, the following are prohibited: sending spam, phishing, storing and distributing unlawful content (including material that infringes copyright and content depicting child abuse), attacking other systems, scanning networks without authorisation, and mining cryptocurrencies without the Service Provider’s consent.
- The customer is responsible for safeguarding their login details and for any actions carried out using them.
- In the event of a breach of paragraph 1, the Service Provider may immediately suspend the Service to the extent necessary to remove the risk, whilst informing the Customer. In the event of a gross breach, the Service Provider may terminate the contract without refunding fees for the current period (this does not apply to Consumers to the extent provided for by law).
- As a hosting service provider, the Service Provider responds to credible reports of unlawful content in accordance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act). Reports: abuse@cyberplaneta.pl.
§8. Liability
- In relation to a Customer who is a business (excluding businesses referred to in Article 38a of the Consumer Rights Act), the Service Provider’s liability:
- is limited to actual loss, excluding loss of profit;
- does not, in total, exceed the sum of the charges paid by the Customer for the Service in question during the three months preceding the incident;
- does not cover the loss of data which the Customer has failed to safeguard in accordance with §6(2).
- The limitations set out in paragraph 1 do not apply to damage caused intentionally.
- The Service Provider’s liability towards Consumers arises from the provisions of law and is not limited to the extent prohibited by law.
§9. Consumer Rights
- A consumer may withdraw from the contract without giving any reason within 14 days of its conclusion by sending a notice to the email address or via the reporting system (they may use the template set out in the annex to the Consumer Rights Act).
- If the Consumer has requested that the Service commence before the expiry of the withdrawal period (by indicating this in the order), in the event of withdrawal they shall pay for the Service provided up to the time of withdrawal, in proportion to its scope.
- The right of withdrawal does not apply to contracts which have been fully performed with the Consumer’s express consent (e.g. a registered domain, an issued SSL certificate, a package of hours or tokens that has been used), of which the Consumer was informed prior to placing the order.
- Consumers may make use of out-of-court dispute resolution procedures, including assistance from the local consumer ombudsman.
§10. Termination of the contract and the Customer’s details
- The customer may opt out of renewing the Service via the Customer Portal at any time; the Service will remain active until the end of the paid-for period.
- Once the Service has ended, the Customer’s data is stored free of charge for 30 days, during which time the Customer may download it or renew the Service. Before this period expires, the Customer may request a paid extension of data storage for a period and at a rate agreed with the Service Provider.
- Once the period specified in paragraph 2 (or any extension requested by the Client) has elapsed, the data is permanently deleted from the servers, unless legislation requires it to be retained for a longer period. Data is removed from backups as part of the backup rotation cycle, no later than 30 days after it has been deleted from the servers.
§11. Complaints
- Complaints can be submitted via the reporting system in the Customer Portal or by email. A complaint should include the customer’s details, a description of the problem and the desired resolution.
- The service provider will consider the complaint within 14 days of receiving it and will reply in the same manner.
§12. Final provisions
- The Service Provider may amend these Terms and Conditions for valid reasons (changes to legislation, changes to the scope of the Services, security). It shall notify the Customer of any such amendments by email at least 14 days before they come into effect; any Customer who does not accept the amendments may terminate the contract.
- The applicable law is Polish law. Any disputes with a Customer who is a business shall be settled by the court with jurisdiction over the Service Provider’s registered office.
- The following form an integral part of the contract: the Data Processing Agreement, the Privacy Policy, the Acceptable Use Policy and, for domains, the Domain Registration Agreement.