(Integral part of the General Terms and Conditions of Tublat Ltd)
Preamble
This integration (“Server and VPS Management Integration”) forms an integral
and substantial part of the General Terms and Conditions of Tublat Ltd,
published at https://tublat.com/legal/general-conditions (“General
Conditions”).
It governs in detail the technical management, maintenance, monitoring,
security, backup and support of dedicated servers and VPS provided by Tublat
Ltd (hereinafter the “Server and VPS Service” or simply the “Service”).
For all matters not expressly provided herein, full reference is made to the
General Conditions.
1. Purpose of the
Service
1.1 Service Provided
Tublat Ltd provides the Client with a professional
technical management service for dedicated servers and VPS, including:
• initial configuration and ongoing server management;
• installation and maintenance of server-side software (e.g. cPanel, LiteSpeed,
JetBackup, etc.);
• monitoring of hardware and software performance;
• implementation of server-side security updates;
1.2 Purpose of the
Service
The Service is intended exclusively for technical
management and does not constitute IT consultancy, custom software development
or management of the web content hosted on the servers.
1.3 Service
Activation
The Service will be activated within 24 (twenty-four)
hours from receipt of payment, unless prevented by technical impediments or
force majeure.
1.4 Changes and
Updates
Tublat Ltd may modify at any time the type,
specifications or features of the Service for technical or security reasons,
notifying the Client thereof.
Continued use of the Service implies tacit acceptance of the changes.
2. Limitations of Use
and Client Responsibilities
2.1 Lawful Use
The Client undertakes to use the Service exclusively
for lawful purposes, in compliance with applicable international legislation,
the General Conditions and Tublat Ltd’s technical guidelines.
2.2 Prohibited
Activities
The following activities are strictly prohibited:
• distribution of pirated, nulled or copyright-protected software;
• sending of unauthorised mass emails or spam activity;
• attempts to gain unauthorised access to third-party servers or networks;
• use of the server for activities compromising network security, stability or
reputation.
2.3 Prohibition on
Direct Contact with License Providers
The Client undertakes not to contact directly the
providers of the installed software licences (e.g. cPanel, LiteSpeed,
JetBackup) nor to modify their configurations.
Any breach entitles Tublat Ltd to immediately suspend the Service to protect
itself or third parties.
2.4 Liability for
Damages and Restorations
Tublat Ltd accepts no liability for damages caused by
interventions or modifications carried out independently by the Client.
Any restoration or recovery activities will be carried out by Tublat Ltd only
following acceptance by the Client of a specific quotation, and the related
costs shall be borne entirely by the Client.
3. Data Backup and
Retention
3.1 Client
Responsibility for Backups
The Client is responsible for the periodic execution
of backups of its data, files, databases and configurations, unless an
additional managed backup plan is subscribed.
3.2 Changes to Backup
Policies
Tublat Ltd may modify the backup policy at any time
for technical or security reasons, with immediate effect and without the
obligation of prior notice.
3.3 Post-Contract
Retention
In the event of termination or suspension of the
Service, Tublat Ltd is not required to retain the Client’s data beyond the
provided backup retention period.
3.4 Limitation of
Liability for Data
Tublat Ltd is not liable for loss, alteration or
deletion of data resulting from external events, incorrect Client
configurations or causes not attributable to the Company.
4. Security, Support
and Licences
4.1 System Security
Tublat Ltd adopts appropriate technical and
organisational measures to ensure the integrity of data and server security,
but cannot guarantee absolute protection against unauthorised access, hardware
failures, software vulnerabilities or force majeure events.
4.2 Scope of
Technical Support
Support provided by Tublat Ltd is strictly limited to
technical issues directly related to servers, domains, DNS, email, web space or
service uptime.
Tublat Ltd does not provide support for:
• use or configuration of CMS (e.g. WordPress, Joomla, Prestashop, etc.);
• removal of malware, spam or vulnerabilities from the Client’s websites;
• issues relating to third-party plugins, themes or scripts;
• changes, restorations or updates of the Client’s code, content or databases.
Such activities are available through dedicated maintenance and security
services, upon request with a separate quotation.
4.3 Standard
Configuration of Tublat Ltd Servers
All Tublat Ltd servers are equipped with:
• Let’s Encrypt SSL Certificates
• Operating System: AlmaLinux
• Caching: Redis, Memcached
• Panel: cPanel & WHM
• Web server: LiteSpeed Enterprise
• Resource isolation: CloudLinux
• Security: Imunify360
• Backup: JetBackup
• Auto-installer: Softaculous, SitePad
• Reseller management: WHMReseller
• Advanced monitoring and security:
• ConfigServer Exploit Scanner (CXS)
• KernelCare+
• ConfigServer Monitor & Spam Monitor (OSM)
• MailScanner
Any additional software, licences or customisations
are not included in the plans and will be provided only upon written request
from the Client, following an approved quotation and explicit authorisation
from Tublat Ltd.
4.4 Hostname and
Nameservers
For technical reasons and network uniformity, servers
and VPS will be activated under the whitelabel hostname clouvy.net (e.g.
srvXX.clouvy.net), or another domain chosen at Tublat Ltd’s sole discretion.
The default nameservers are ns1.clouvy.net and ns2.clouvy.net.
Any customisation of hostname or nameservers must be authorised in writing by
Tublat Ltd and may involve additional costs.
5. Payments, Term and
Termination
5.1 Advance Payment
The Service is provided exclusively upon advance
payment.
5.2 Contract Term
The contract has a minimum duration of 12 (twelve) months,
even in the case of monthly invoicing.
In the event of early termination by the Client for reasons not attributable to
Tublat Ltd, the Client shall be required to pay the remaining fees up to the
expiry date as well as the liquidated damages provided in Clause 10.6 of Tublat
Ltd’s General Conditions, equal to 20% of the Contract value.
The Parties expressly acknowledge that such amount constitutes a genuine and
reasonable estimate of the economic losses that Tublat Ltd may suffer as a
consequence of early termination and does not constitute a penalty under
English law.
5.3 Automatic Renewal
and Grace Period
Renewal fees shall be automatically renewed on a
yearly basis, unless cancelled in writing by the Client at least 45
(forty-five) days before expiry, via the Client Area or registered mail with
return receipt to Tublat Ltd’s registered address.
In case of non-payment of the renewal, Tublat Ltd shall apply a grace period of
30 (thirty) days from the invoice due date.
Once this period has expired without payment, Tublat Ltd may proceed with the
permanent deletion of the server or VPS and the associated Client data, without
the Client having any right to claims, compensation or data recovery.
5.4 Termination and
Suspension
Tublat Ltd may suspend or terminate the contract in
case of violations, non-payment or unlawful use of the Service.
Suspension does not entitle the Client to refunds.
5.5 Scheduled
Maintenance
Tublat Ltd may temporarily suspend the Service for
maintenance or updates, without obligation of prior notice.
6. Confidentiality
and Data Protection
6.1 Confidentiality
Obligation
Both parties undertake not to disclose, communicate or
make accessible to third parties any confidential or technical information
acquired during the contractual relationship.
6.2 Duration of the
Obligation
The confidentiality obligation continues even after
termination of the contract and remains valid for at least five (5) years,
except for sensitive information which remains 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 contract:
• Privacy Policy
• Cookie Policy
• Data
Processing Agreement (DPA)
6.4 Roles in Data
Processing
Tublat Ltd acts as Data Processor for data handled at
technical level (logs, systems, access) and as autonomous Data Controller for
administrative data.
The Client remains Data Controller of the data contained on its servers or VPS.
6.5 Service Provided
“As Is”
The Service is provided “as is” and “as available”.
Tublat Ltd does not guarantee that the systems are free from errors, omissions
or stylistic imperfections, nor that they are completely free from
vulnerabilities or interruptions.
7. Governing Law and
Jurisdiction
7.1 Governing Law
This Schedule is governed by English law.
7.2 Jurisdiction
Any dispute relating to the validity, interpretation or performance of this document shall be submitted to the exclusive jurisdiction of the courts of London (United Kingdom), as provided in Art. 20.6 of the General Conditions.
