(Integral part of the General Terms and Conditions of Tublat Ltd)
Preamble
This supplement (“CDN Addendum”) forms an integral and substantial part of the
General Terms and Conditions of Tublat Ltd, published at https://tublat.com/legal/general-conditions (“General Terms”).
It specifically governs the provision, configuration, use, management and
maintenance of the Content Delivery Network (CDN) Service, aimed at
distributing, optimising and protecting the Client’s web content.
For all matters not expressly regulated herein, the General Terms shall apply
in full.
1 Definition and scope of the CDN Service
1.1. Service Description
The CDN Service consists of the distribution,
replication and temporary storage (caching) of the Client’s web content through
a global network of edge servers, with the purpose of improving performance,
reducing latency and increasing content resilience.
1.2. Included features
The Service may include, by way of example and without
limitation:
• caching and distribution of static content (HTML, CSS, JS, images, fonts,
video);
• optimisation and acceleration of dynamic content via edge computing;
• support for advanced protocols (HTTP/2, HTTP/3, QUIC, TLS/HTTPS);
• DDoS protection, web application firewall (WAF), bot mitigation and access
protection;
• compression, automatic resizing and optimised management of multimedia
content.
1.3. Technical changes and updates
Tublat Ltd may update, modify or discontinue
individual Service features at any time, even without prior notice, for
technical improvements, security reasons or regulatory compliance. Such changes
shall not constitute contractual breach.
2 Activation, configuration and fees
2.1. Activation
The CDN Service is activated upon order confirmation
and payment of the applicable fees.
Tublat Ltd may request technical information or documentation to verify
compatibility of the Service with the Client’s content and infrastructure.
2.2. Configuration
The Client is responsible for the correct
configuration of its domains, DNS, SSL/TLS certificates and any other required
integration.
Errors or delays attributable to the Client’s configuration shall not
constitute liability of Tublat Ltd.
2.3. Fees and updates
The fees are specified in the quotation or confirmed
order.
Tublat Ltd may update the fees annually, upon written or e-mail notice, and the
Client may terminate the agreement in accordance with the General Terms.
3 Duration, renewal and termination
3.1. Duration and automatic renewal
The Service has a duration of one year from the
activation date and is automatically renewed annually, unless written notice of
termination is provided by the Client at least 45 (forty-five) days before
expiry, through the Client Area or registered post to the legal address of
Tublat Ltd.
In case of monthly billing, the contract shall in any case remain binding for
12 (twelve) months.
If early termination is initiated by the Client for reasons not attributable to
Tublat Ltd, the Client shall be required to pay the remaining fees until expiry
as well as the amount of liquidated damages provided under Clause 10.6 of the
General Terms of Tublat Ltd, equal to 20% of the Contract value.
The Parties expressly acknowledge that such amount represents a genuine and
reasonable pre-estimate of the economic losses that Tublat Ltd may incur as a
result of the early termination of the contractual relationship and does not
constitute a penalty under English law.
3.2. Non-payment and grace period
In the event of non-payment, Tublat Ltd shall grant a
grace period of 30 (thirty) days from the invoice due date. Upon expiry of such
period without settlement, the Service may be deactivated and the data
permanently deleted, with no entitlement of the Client to claim for
compensation or recovery.
3.3. Termination and suspension
Early termination does not entitle the Client to any
refund, unless otherwise agreed in writing.
Tublat Ltd may suspend or terminate the Service, even without notice, in case
of contractual breach, unlawful use, or upon request of competent authorities.
4 Client responsibilities
4.1. Compliance and content
The Client warrants that the content distributed
through the Service is lawful, compliant with applicable laws and does not
infringe the rights of third parties.
4.2. Prohibited uses
Use of the Service is prohibited for:
• distributing malware, viruses or harmful software;
• hosting or transmitting offensive, discriminatory or unlawful content;
• carrying out cyber-attacks or unauthorised access;
• infringing copyright, privacy or applicable regulations.
4.3. Indemnification
The Client shall indemnify and hold Tublat Ltd
harmless from any damage, penalty or claim arising from unlawful or improper
use of the Service.
4.4. Security and credentials
The Client is responsible for the security of API
keys, SSL/TLS certificates, DNS and access credentials.
Any compromise due to negligence shall be exclusively borne by the Client.
5. Liability limitations and warranties
5.1. “As is” Service
The CDN Service is provided “as is” and “as
available”, without warranty of continuous availability or absence of errors,
omissions or technical or stylistic imperfections.
5.2. Absence of additional warranties
Tublat Ltd does not warrant that the Service is
compatible with every type of configuration, operating system or third-party
infrastructure. Any customisation or optimisation requested by the Client shall
be subject to a separate quotation and written approval.
5.3. Liability exclusion
Tublat Ltd shall not be liable for:
• interruptions or slowdowns caused by external providers, global networks or
DNS errors;
• loss of data or content stored within the CDN cache;
• indirect, consequential damages or loss of profit;
• modifications, suspensions or deletions due to maintenance or security
updates.
5.4. Shared responsibility
The Client acknowledges that the performance and
security of the Service also depend on external factors (hosting, DNS
configurations, origin providers, firewalls or networks).
6 Confidentiality and data protection
6.1. Confidentiality obligation
Both parties undertake not to disclose, communicate or
make available to third parties any confidential, technical, commercial or
operational information obtained in connection with this agreement, including
information relating to infrastructures, code, configurations or network
architectures.
6.2. Duration of the obligation
The confidentiality obligation shall survive
termination of the agreement and remain valid for a minimum period of five (5)
years, except for sensitive or proprietary information, which shall remain
confidential indefinitely.
6.3. Personal data processing
The processing of personal data is governed by the
following documents, which form an integral part of this agreement:
• Privacy Policy
• Cookie Policy
• Data
Processing Agreement (DPA)
6.4. Roles and processing responsibilities
Tublat Ltd acts, depending on the case, as:
• Data Processor, for technical and operational data processed for provision of
the CDN Service;
• Independent Controller, for administrative and contractual data (billing,
security, customer management).
The Client remains the Data Controller for the data transmitted across the CDN
network and undertakes to comply with applicable data protection laws (GDPR, UK
GDPR and local regulations).
6.5. Data security
Tublat Ltd adopts appropriate technical and
organisational measures to protect data, including TLS/HTTPS protocols, encrypted
channels and perimeter firewalls. However, it cannot guarantee the complete
absence of cyber risks or unauthorised access.
6.6. Indemnification
The Client shall indemnify and hold harmless Tublat
Ltd from any liability arising from privacy breaches, incorrect configurations,
improper use or failure to observe security policies by the Client or third
parties.
7 Third-party vendors and white-label services
7.1. Use of external vendors
Tublat Ltd may rely on third-party vendors, technology
partners and platforms, including in white-label mode, for the provision of the
CDN Service (e.g., global delivery networks, data centres, cloud providers,
security and caching platforms).
7.2. Liability limitation
The Client acknowledges that Tublat Ltd shall not be
liable for malfunctions, suspensions or Service cancellations caused by such
external vendors, including disruptions, network errors or content deletion.
7.3. No reimbursement or compensation
In such circumstances, no reimbursement or
compensation may be claimed from Tublat Ltd, which may nevertheless act as
intermediary to facilitate resolution of the issue with the external vendor.
7.4. Client indemnification
The Client agrees not to hold Tublat Ltd liable for
damages, losses or interruptions arising from services provided by third
parties, including cloud or CDN partners.
8 Intellectual property and licences
8.1. Software ownership
All systems, technologies and platforms used by Tublat
Ltd for the CDN Service remain the exclusive property of Tublat Ltd or of their
respective licensors.
8.2. Licence to use
The Client is granted a limited, non-exclusive and
non-transferable licence to use the Service, without any right to reproduce,
modify or transfer the technologies used.
9 Governing law and jurisdiction
9.1. Governing law
This Addendum is governed by English law.
9.2. Jurisdiction
Any dispute relating to the validity, interpretation or execution of this document shall be submitted to the exclusive jurisdiction of the courts of London (UK), as provided under Art. 20.6 of the General Terms of Tublat Ltd.
