1. Scope
These terms govern web hosting contracts that Cealius (a natural person; “we”, “the provider”) concludes with customers (“the customer”) through this website. Details of the provider are on the Provider page; the name and address are stated in the order confirmation. The terms apply to consumers and to business customers. The customer’s deviating terms do not apply unless we have expressly accepted them in writing.
2. Subject of the contract and contract for work
The subject of the contract is the provision of a web hosting service under the plan the customer has chosen (the web hosting plans Start, Business and Pro, or the reseller hosting plans), according to the description and limits (disk space, number of domains, databases and email accounts, or for reseller plans the number of client accounts and total disk space) published on the Hosting and Reseller hosting pages at the time of the order. The service is provided through our control panel.
We provide the services on the basis of a contract for work (ugovor o djelu) where the regulations allow it. By ordering and accepting these terms, the customer and the provider conclude such a contract, and these terms form an integral part of it. Taxes and contributions that are calculated on the fee under a contract for work are settled in accordance with those regulations.
Reseller plans. Reseller plans are intended exclusively for business customers. Within the agreed limits the customer (the reseller) opens accounts for its own clients independently and concludes contracts with them in its own name and on its own account; no contractual relationship arises between us and the reseller’s clients. The customer is responsible for its clients and their content, including compliance with section 6, as for its own conduct.
3. Conclusion of the contract and ordering process
Presenting the plans on the website is not a binding offer. The customer makes a binding offer by clicking the button “I order with obligation to pay”. Displaying the confirmation that the order was received is not an acceptance of the offer. The contract is concluded when we accept the order, by activating the account and sending the login details or by an express confirmation.
Ordering steps: (1) choose a plan, (2) enter the domain, (3) enter the customer’s details, (4) choose the payment method, (5) review the order and give the consents, (6) send the order. Until the order is sent the customer can change their entries in the form and in the order summary. You can view these terms on this page at any time and save them by printing or saving the page; we keep the order data ourselves.
4. Prices and payment
On the Bosnian website prices are stated in convertible marks (KM). On the English website, card payments are displayed and charged at the regional price in EUR for visitors from the EU and in USD outside the EU. All prices are final. The provider is not registered in the VAT system. Stripe card payments are charged upfront for the next 12 months in the currency shown in the order summary. Bank transfers are paid in KM to the transaction account using the details in the order confirmation. We activate the service after successful payment is recorded. If a bank transfer is not received within a reasonable period, at least 14 days after the order, we may cancel the order.
5. Term and termination
The contract is concluded for 12 months from account activation. When paying by card through Stripe, the service is an annual subscription and automatically renews for another 12 months at the applicable subscription price until the customer cancels it. Cancellation is available through the Stripe Billing portal and takes effect at the end of the current paid period. Bank-transfer orders do not renew automatically and require a new payment to continue. Each party’s right to terminate for good cause remains unaffected; good cause exists in particular in the case of a serious breach of section 6.
Before the contract ends the customer must download their data. After the contract ends we delete the data within a reasonable time (as a rule within 30 days), unless a regulation obliges us to keep it longer.
6. Customer’s obligations and acceptable use
The customer is responsible for the content they publish, for licences for the software they use and for the compliance of their websites with regulations (e.g. on personal data protection). The following are prohibited: publishing unlawful content, distributing malware, phishing, spam, scanning or attacking other systems and excessive use of resources that harms other users. The customer must keep the login details confidential and provide accurate data.
If we learn of unlawful content or a breach of these terms, we may remove the content or temporarily block the account; except in urgent cases, we will first ask the customer to remedy the situation.
7. Availability and maintenance
The service is provided with customary availability in line with the state of the art. Short interruptions due to maintenance, security updates or events beyond our control are possible; we aim to announce planned maintenance in advance.
8. Backups
We make automatic backups as an additional measure for system recovery. They do not replace the customer’s own storage; the customer is responsible for their data by making their own backups. We do not undertake to keep or restore individual data, except within the liability set out in section 9.
9. Liability
Liability for intent and gross negligence and for damage resulting from injury to life, body or health is neither excluded nor limited. For business customers, liability for ordinary negligence is limited to foreseeable damage and at most to the fee the customer paid for the contract term. For loss of data we are liable only up to the amount of damage that would have occurred had the customer made proper regular backups. Consumer rights that cannot be excluded under the regulations remain unaffected.
10. Data protection and data processing
Information on the processing of personal data is in the Privacy Policy. If the customer processes third parties’ personal data through the hosting, we act as a processor on the customer’s behalf. We conclude a data processing agreement on the customer’s request.
11. Withdrawal from the contract
Consumers can withdraw from the contract under the conditions in the notice Withdrawal from the contract.
12. Final provisions
The law of Bosnia and Herzegovina applies. Mandatory consumer protection regulations remain unaffected. For disputes with business customers the court at the provider’s place of residence has jurisdiction; for disputes with consumers, jurisdiction is determined by law. If any provision of these terms is invalid, the validity of the others is unaffected. For contracts already concluded, the terms published at the time of conclusion apply.