General Terms and Conditions of BlazeHost Services

1. Introductory provisions

1.1. These general terms and conditions (the "Terms") govern the mutual rights and obligations of the provider and the customer in the provision of hosting and related services through the customer panel at billing.blazehost.cz (the "Panel").

1.2. The Provider is BLAZEHOST LIMITED (trading as BlazeHost), Private company limited by shares, Company number 17523509, England and Wales, registered with Companies House, registered office 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom, which is not registered for VAT (the "Provider"). Contact: e-mail [email protected], telephone +420 910 114 397, website https://blazehost.cz.

1.3. Terms used in these Terms have the following meaning:

Customer – a natural or legal person who has created a customer account in the Panel.

Consumer – a Customer who is a natural person and who, when entering into and performing the contract, is not acting in the course of their business or independent profession.

Business – a Customer who is not a Consumer.

Service – any service ordered in the Panel, in particular a game server, Discord bot, virtual private server (VPS), cloud virtual server (Cloud VPS), web hosting, dedicated server, domain registration and renewal, and related add-on services (e.g. an additional IPv4 address for a VPS).

Credit – prepaid value held on the customer account which the Customer uses to pay the price of Services.

Billing Period – the period for which the price of a Service is paid, shown for each Service before ordering; usually one month, for domains one year.

Contract – the contract for the provision of Services concluded between the Provider and the Customer, of which these Terms, the documents listed in clause 1.6, the price list and the description of the Service shown in the Panel at the time of the order form an integral part.

1.4. Provisions of these Terms that expressly apply only to Consumers do not apply to Businesses. Arrangements in the Contract that differ from these Terms take precedence over the wording of the Terms.

1.5. The Contract may be concluded in Czech. The Panel and these Terms are also available in English; the English version is a translation. If the language versions of these Terms conflict, the Czech version prevails.

1.6. Related documents. The following also form part of the Contract:

the Acceptable Use Policy (the "AUP") – https://billing.blazehost.cz/legal/aup;

Withdrawal, Credit Refunds and Complaints, including the model withdrawal form (the "Complaints Policy") – https://billing.blazehost.cz/legal/refunds_withdrawal_complaints;

the Data Processing Agreement (the "DPA") – https://billing.blazehost.cz/legal/dpa.

No service level agreement (SLA) is concluded; the availability of the Services is governed by clause 5.4.

The Privacy Notice (https://billing.blazehost.cz/legal/privacy), the Cookie Policy (https://billing.blazehost.cz/legal/cookies) and the document Operator, Contact Points and Abuse Reporting (https://billing.blazehost.cz/legal/legal_notice_abuse) are for information. All documents are also available at https://blazehost.cz/legal.

2. Customer account and conclusion of the Contract

2.1. Ordering Services requires registering a customer account. The Customer must provide true, complete and up-to-date information and update it without undue delay. The Provider may require verification of the e-mail address; for selected Services (in particular web hosting) a verified e-mail address is a condition of the order.

2.2. The Customer must protect the access credentials to their account, must not disclose them to third parties and must notify the Provider of any misuse without delay. The Customer is responsible for the conduct of persons to whom they have given access to their account or to the Services. The Customer may enable two-factor authentication (TOTP); the Provider recommends using it.

2.3. By registering, the Customer confirms that they have read these Terms and the Privacy Notice and that they agree to the Terms. The Provider keeps a record of the version of the Terms to which the Customer agreed.

2.4. Information about Services shown in the Panel is an invitation to submit an offer to conclude a contract. Before the order is submitted, the Panel displays a summary containing in particular the type and parameters of the Service, the price per Billing Period in credits and its conversion into CZK, the length of the Billing Period, information on automatic renewal, the method of cancellation and the consequences of insufficient credit. Before submitting the order the Customer may check and change the data entered; upon submission the order becomes binding.

2.5. The Customer submits the order using a button whose label indicates an obligation to pay (e.g. "Order and pay credits"). The Contract is concluded when the Provider accepts the order, usually by automatically setting up the Service and deducting the price of the first Billing Period from the credit. For dedicated servers the Contract is concluded only when the Provider activates the server (clause 5.3).

2.6. The concluded Contract is archived electronically in the Panel; after logging in, the Customer has access to an overview of their Services, payments and documents.

2.7. The Customer bears their own costs of means of distance communication (internet connection, telephone).

3. Credit

3.1. The Customer obtains credit in particular by topping up the customer account through the payment gateways offered by the Panel at the time of payment (depending on the current offer in the Panel, Stripe, PayPal or NOWPayments for cryptocurrency payments), or by redeeming a voucher or as a bonus under the current rules shown in the Panel.

3.2. Value of credit: for the purposes of Service prices 1 credit equals CZK 1; the conversion of the Service price into CZK is shown in the Panel for each Service. The number of credits the Customer receives for a top-up and the top-up price (including any bonus credit) are shown for each package in the Panel store before payment. The Provider is not registered for VAT; the prices shown are final.

3.3. Credit may be used solely to pay the price of Services provided by the Provider. Credit is not a deposit or electronic money, bears no interest and cannot be transferred to another customer account. Credit obtained as a bonus or from a voucher cannot be paid out.

3.4. Refund of credit. The conditions for refunding unused credit (on withdrawal from the contract, an erroneous top-up, termination of the Contract and under rights arising from defective performance) are set out in the Complaints Policy.

3.5. For each credit top-up the Provider issues a receipt that is available to the Customer in the Panel and sent by e-mail.

3.6. Cryptocurrency payments. Cryptocurrency payments are processed by a separate payment service provider, NOWPayments, which pays them out to the Provider in cryptocurrency. The top-up price is set in the store currency (CZK or EUR); the amount in cryptocurrency is determined by NOWPayments at its exchange rate when the payment is created. Any network fees and exchange-rate differences arising before the payment is credited are borne by the Customer. Credit is added only after the payment is completed; an underpaid payment is not credited automatically and the Provider resolves it with the Customer individually (additional payment or refund). Cryptocurrency transactions are irreversible and cannot be reversed with the issuer of the payment instrument. Refunds of cryptocurrency payments are made by the Provider only manually, under the procedure in the Complaints Policy.

4. Price of Services and payment terms

4.1. The price of a Service is shown in the Panel in credits per Billing Period and converted into CZK. Prices are final; the Provider is not registered for VAT.

4.2. Prepaid model. The price of a Service is paid in advance by deducting credit from the customer account at the start of each Billing Period. The price of the first Billing Period is deducted when the Service is set up (for dedicated servers on activation).

4.3. Automatic renewal. A Service is automatically renewed for a further Billing Period by deducting the price from the credit at the start of each period until the Customer cancels it (chapter 7). The Customer must keep sufficient credit on the account. If the Customer does not have sufficient credit for an upcoming payment, the Panel notifies them in advance by e-mail.

4.4. Domains. The registration fee is deducted from the credit immediately after the order. After the registration period expires, the domain is renewed for one year at a time by deducting the renewal price from the credit until the Customer cancels the renewal. Automatic renewal at the registrar is disabled; renewal is handled by the Provider on the basis of credit. The registration and renewal price depends on the registrar's price and the exchange rate; the renewal price is set according to the registrar's current price on the renewal date and may therefore differ from the price of the previous period. The renewal date is shown in the Panel for the domain; if the Customer does not have sufficient credit, the Panel notifies them of the upcoming renewal in advance by e-mail (clause 4.3). The Customer may cancel the renewal at any time before the renewal date. The price actually deducted is shown in the credit transaction history.

4.5. Some Services may require a minimum credit balance to be ordered; this condition is shown for the Service.

4.6. The Provider may change the price list. A price change does not affect a Billing Period already paid. The Provider informs the Customer by e-mail at least 30 days in advance of any price increase for a running Service (except for the domain renewal price under clause 4.4); the Customer may cancel the Service before the change takes effect.

4.7. If a payment gateway returns a payment to the payer (refund, chargeback), the Provider deducts the corresponding credit from the customer account, even into a negative balance. The Customer must settle a negative balance; until it is settled no new Services can be ordered.

5. Setting up and providing Services

5.1. Game servers, Discord bots, VPS, Cloud VPS and web hosting are set up automatically, usually within a few minutes of accepting the order. If a Service cannot be set up for technical reasons, the Provider returns the deducted credit to the customer account.

5.2. A domain registration is sent to the registrar immediately after the order. Domain registration is also subject to the rules of the relevant registry and registrar (NameSilo, LLC). The Customer is responsible for ensuring that registering the domain does not infringe the rights of third parties.

5.3. Dedicated servers are activated manually after the Provider has reviewed the order. The price of the first Billing Period is deducted on activation; if the Customer does not have sufficient credit at the time of activation, the Provider refuses activation and the order remains pending. Activation time depends on hardware availability; the Provider informs the Customer of the order status.

5.4. Service parameters (performance, memory, disk space, number of backups etc.) are shown in the Panel with the order. The servers on which the Services run are located in the firstcolo FRA4 data centre in Frankfurt am Main, Germany. The Provider provides the Service with professional care; however, it does not guarantee a specific availability percentage and does not publish an SLA. Infrastructure availability is continuously measured and published at status.blazehost.cz. The Provider may carry out planned maintenance, of which it informs the Customer at least 24 hours in advance (by e-mail and on Discord).

5.5. DDoS protection is provided through an external connectivity and traffic-filtering provider (dataforest GmbH) with a filtering capacity of 7.4 Tbps at the network layer (L3/L4); it is always on and included in the price of the Service; application-layer (L7) protection is not provided. The Provider does not guarantee that every attack will be mitigated; in the event of an attack threatening the infrastructure or other customers it may temporarily restrict traffic to the target IP address.

5.6. The Customer must provide the cooperation necessary to provide the Service and comply with the AUP.

6. Insufficient credit, suspension and deletion of a Service

6.1. If the Customer does not have sufficient credit at the start of a Billing Period, the Service is suspended and the Customer is informed by e-mail.

6.2. VPS, Cloud VPS, web hosting and dedicated servers: if the Customer tops up credit within the grace period, the price is deducted and the Service is automatically restored. Otherwise, once the grace period from suspension has expired, the Service is irreversibly deleted together with all data. The grace period is at least 7 days; the exact period is shown in the order and in the order confirmation. Before deletion the Provider warns the Customer by e-mail in advance as stated in the order.

6.3. Game servers and Discord bots: if the Customer tops up credit within the grace period, the price is deducted and the Service is automatically restored. Otherwise, once the grace period from suspension has expired, the suspended Service is irreversibly deleted together with all data and backups created by the Customer. The Provider's disaster-recovery backups (clause 10.2) are deleted no later than 30 days after the Service is deleted; until then the Provider uses them only for disaster recovery or at the Customer's request, and deletes them earlier on request. The grace period is at least 14 days; the exact period is shown in the order and in the order confirmation. Before deletion the Provider warns the Customer by e-mail in advance as stated in the order.

6.4. Domains: if the Customer does not have sufficient credit on the renewal date, the domain is not renewed and lapses at the end of the registration period under the rules of the relevant registry; it may not be possible to recover the domain.

6.5. The Provider may also suspend or restrict a Service or customer account under the AUP (breach of the rules, illegal content) or where damage to the infrastructure or to the rights of third parties is imminent.

6.6. Deleted data cannot be restored, except from disaster-recovery backups for as long as they are retained (clauses 6.3 and 10.2). The Customer acknowledges that they are solely responsible for backing up their data (chapter 10).

7. Cancellation of a Service and of the customer account

7.1. The Customer may cancel any Service at any time in the Panel on the Service detail page. A cancelled Service remains available until the end of the paid Billing Period; it is then suspended and deleted after the grace period under clause 6.2 (at least 7 days) or clause 6.3 (at least 14 days for game servers and Discord bots); the exact period is shown in the order. No further Billing Period is charged.

7.2. The price for a Billing Period that has already started is not refunded when the Customer cancels a Service; the Service remains available to the Customer until the end of the paid period. This does not affect the Consumer's right to withdraw from the contract or rights arising from defective performance under the Complaints Policy.

7.3. The Provider may terminate the Contract without giving reasons on 30 days' notice delivered by e-mail; in that case it returns to the Customer a pro rata part of the price for the unused Billing Period in the form of credit and, at the Customer's request, also pays out unused paid credit (Complaints Policy). The Provider may withdraw from the Contract with immediate effect in the event of a material breach of the Contract by the Customer, in particular a serious breach of the AUP.

7.4. The customer account can be closed in the Panel after entering the current password, but only if the Customer has no active (unterminated) Service. After the account is closed, the Provider keeps payment records and documents, detached from the account, for the period required by law and by the Privacy Notice. When an account is closed, unused credit is subject to the credit refund rules of the Complaints Policy; credit is refunded only in the cases listed there, so we recommend submitting any refund request before closing the account.

8. Withdrawal, credit refunds and complaints

8.1. The Consumer's right to withdraw from the Contract and from a credit top-up contract, the request for performance to begin before the withdrawal period expires, refunds of unused credit, the exercise of rights arising from defective performance (complaints) and the model withdrawal form are governed by the Complaints Policy, which forms part of the Contract.

8.2. The "Withdraw from contract" function in the Panel is available throughout the withdrawal period; details are set out in the Complaints Policy.

9. Acceptable use and content moderation

9.1. The Customer must comply with the AUP, which sets out prohibited activities, the obligation to secure the Service, the Provider's procedure in the event of a breach of the rules and when assessing illegal content, and the Customer's liability for damage.

9.2. Notices of illegal content or abuse of the Services, the single points of contact and the remedies against the Provider's decisions are governed by the document Operator, Contact Points and Abuse Reporting (https://billing.blazehost.cz/legal/legal_notice_abuse; form at billing.blazehost.cz/abuse).

10. Customer data and backups

10.1. The Customer is solely responsible for backing up their data unless the description of a specific Service expressly states otherwise. We recommend also keeping current backups outside the Provider's infrastructure.

10.2. For game services (game servers including FiveM, and Discord bots) the Provider makes disaster-recovery backups of the Service data once a day at night and keeps the latest backup, backups for the last 7 days and 4 weekly backups, the same for all plans. Game-service databases (e.g. MySQL for FiveM) are backed up separately and encrypted; 7 scheduled backups are kept, for no longer than 30 days, plus 3 manual ones. The Control Panel also allows manual backups up to the number shown for the chosen plan. Backups are stored on the Provider's backup storage in the firstcolo FRA4 data centre in Frankfurt am Main, Germany (EU), and do not guarantee that data can be restored. Backups created by the Customer are deleted together with the Service (chapter 6); the Provider's disaster-recovery backups are deleted no later than 30 days and database backups no later than 14 days after the Service or database is deleted. For VPS, Cloud VPS and dedicated servers the Provider does not provide automatic backups; for VPS manual snapshots can be created in the Service administration.

10.3. Where the Customer processes personal data within a Service, the Customer is the controller of that data and the Provider is the processor. The terms of processing are set out in the DPA (https://billing.blazehost.cz/legal/dpa), which forms part of the Contract.

10.4. The Provider does not interfere with Customer data except where necessary to provide the Service, to resolve a technical fault or security incident at the Customer's request or with the Customer's consent, when acting under the AUP, or to comply with a legal obligation.

11. Liability

11.1. The Provider is liable for damage caused by a breach of its obligations under the Contract to the extent provided by law and these Terms.

11.2. The Provider is not liable for damage caused in particular by: the Customer's content or software; loss of data that the Customer did not back up under chapter 10; unauthorised access by third parties resulting from insufficient security on the Customer's side; outages of networks and third-party services beyond the Provider's control; force majeure; suspension or deletion of a Service under chapters 6 and 7 or under the AUP.

11.3. Towards Businesses, the Provider's total liability for damage arising from one Contract is limited to the amount paid by the Customer for the affected Service in the 12 months before the damage occurred; the Provider is not liable for loss of profit or indirect damage. The limitation does not apply to damage caused intentionally or by gross negligence, to death or personal injury, to liability for fraud or to any other liability that cannot be excluded or limited under the governing law.

11.4. Towards Consumers, the Provider's liability is not limited beyond what the law permits.

12. Changes to the Terms

12.1. The Provider may reasonably change these Terms, in particular because of changes in legislation, the scope of the Services, technology or security requirements. The Provider informs the Customer of the change by e-mail and in the Panel at least 30 days before it takes effect.

12.2. If the Customer does not agree with the change, they may terminate the Contract before the change takes effect without penalty; termination can be made by cancelling the Services or by e-mail. At the request of a Consumer who terminates the Contract for this reason, the Provider refunds unused paid credit (credit obtained free of charge is not refunded). If the Customer continues to use the Services after the change takes effect, the new wording applies.

13. Out-of-court dispute resolution and supervision

13.1. The Provider has not designated any alternative dispute resolution body for consumer disputes. A Consumer may take a dispute to the competent authority or alternative dispute resolution body of the state of their residence – in the Czech Republic the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz) – and to the courts. A Consumer resident in the EU may also seek assistance from the European Consumer Centres Network (in the Czech Republic the European Consumer Centre, www.evropskyspotrebitel.cz).

13.2. Compliance with consumer protection obligations is supervised by the competent authority of the state of the Consumer's residence (in the Czech Republic the Czech Trade Inspection Authority, www.coi.cz). Data protection is supervised by the Information Commissioner's Office (United Kingdom); the Customer may also contact the supervisory authority of the EU state of their residence (in the Czech Republic the Office for Personal Data Protection, Úřad pro ochranu osobních údajů, www.uoou.gov.cz). Other supervisory authorities are listed in the document Operator, Contact Points and Abuse Reporting.

13.3. The Provider handles complaints and grievances under the Complaints Policy via the e-mail [email protected] or a ticket in the Panel.

14. Governing law and final provisions

14.1. The Contract and the relationships arising from it are governed by the law of England and Wales. Where the Customer is a Consumer, this does not affect the protection afforded to them by the mandatory provisions of the law of the state of their habitual residence (Article 6 of the Rome I Regulation).

14.2. Disputes with Businesses are decided by the courts of England and Wales. A Consumer may bring proceedings before the courts of the state of their residence or before another court competent under the law; this does not affect the protection afforded to them by mandatory rules on jurisdiction in consumer matters.

14.3. If any provision of these Terms is invalid or ineffective, the other provisions remain unaffected.

14.4. Written communication normally takes place by e-mail to the address given in the customer account or to [email protected]. A notice is deemed delivered when it reaches the recipient's sphere of control.

14.5. These Terms (version ltd-1) take effect on the transfer date under clause 15.1.

15. Transitional provisions

15.1. Transfer of Contracts. The BlazeHost services were previously provided by Jiří Viták, a self-employed natural person (OSVČ), company ID (IČO) 21766177, with his registered place of business at Ametystová 702/46, 153 00 Praha 16 – Radotín, Czech Republic (the "Previous Operator"). As of the date on which the operation of the BlazeHost services was transferred to the Provider (the "Transfer Date"), all contracts with Customers, including the Services and customer accounts, passed to the Provider by assignment. The Provider informs Customers of the transfer by e-mail and in the Panel (the "transfer notice"). From the Transfer Date these contracts are governed by these Terms. A Customer who does not agree with the transfer may terminate the Contract without penalty within 30 days of delivery of the transfer notice, by cancelling the Services in the Panel or by e-mail to [email protected]; at the Customer's request the Provider refunds unused purchased (paid) credit under the procedure in the Complaints Policy. Credit obtained free of charge is not refunded. If the Customer continues to use the Services after this period expires, the Customer is deemed to agree with the transfer.

15.2. Transfer of credit. Credit balances on customer accounts passed to the Provider on the Transfer Date at a ratio of 1 : 1 (1 credit = CZK 1), including bonus credit and credit obtained from vouchers; the credit transaction history remains available in the Panel. The Provider has assumed the liability for the transferred credit.

15.3. Payments received before the Transfer Date. Withdrawals, refunds of payments and credit, complaints and payment disputes (chargebacks) relating to payments received by the Previous Operator before the Transfer Date are handled by the Provider under these Terms and the Complaints Policy, in cooperation with the Previous Operator where necessary (in particular for payments received through the GoPay payment gateway, which the Provider does not use for new payments). Documents issued by the Previous Operator before the Transfer Date remain valid.

15.4. Saved payment methods and auto top-up. Payment cards saved with the Previous Operator and auto top-up consents do not pass to the Provider. If the Customer wishes to continue using these features, the Customer saves the card in the Panel again and gives a new auto top-up consent.