TERMS OF SERVICE
All existing users of Collectio services as well as new users that are ordering the services accept all of the terms confirmed by these Terms of the services (in further text: Terms). These Terms aren’t final and Collectio retains the right of adding, deleting as well as amending parts of these Terms at any time, without previous disclosure of intention. The amendments come into power when the user is informed of the modifications and/or by publishing the Terms on the web page www.collectio.hr.
Meaning of the terms used in the contents of these Terms:
- Collectio, Company: Collectio d.o.o.
- User, Client: Private or legal person that is using or ordering the services of the Company.
- Unsuitable materials, Unsuitable content: Content which is offensive, derogatory, harmful, slanderous, obscene, pornographic, vulgar, threatening, illegal, violate intellectual property rights, present or encourage criminal deeds or containing computer viruses, worms, Trojan horse and/or any other harmful computer code.
- Service: A service that Collectio offers to the existing and new Users.
- Page: An internet page of Collectio at the address collectio.hr.
- User pages: Internet pages of Collectio at the address https://collectio.hr/clients.
- Register: A service through which a domain registration is possible, that is, a company authorized for the registration of domains.
- CARNet: An organization authorized for running the .hr domains.
- ICANN: A non-profit organization for the coordination of the domain system, IP address space allocation, protocol parameter assigning, etc.
Further Terms are applicable to all Collectio users:
2. COLLECTIO SERVICES
Collectio Services include, but are not limited to:
- Any act of preparation, setting, connection, maintenance, cancellation or re-activation of the User’s account (including the information needed for charging as well as the server, that is, the part of the server that Collectio delivers to the User);
- Every usage of the computer technology, telecommunication, software, information, hardware and equipment by the User, or every access to the above enabled to the User by Collectio;
- Every activity or provision of service by Collectio to the User related to web hosting and the registration of domains (including the use of the server as well as technical support), regardless of duration or whether it was paid or not;
- Every provision of computer space or an Internet connection to the User;
- Every access or use related to Collectio’s Internet pages, including the pages themselves;
- Any Service listed in the General terms;
- Any Service given to the User by Collectio, whether it is used or not;
- Any Collectio Service used by the User, offered or given to the User by Collectio;
The SLA is applied to all the Terms and they are also a key part of this Contract. SLA terms are publicly available at the page https://www.collectio.hr/sla
Collectio support is defined in detail in the Terms of support, and they are also a key part of this Contract. Terms of support are publicly available at the page https://collectio.hr/terms-of-use/terms-of-support
5. ACTIVATION, USE AND TERMINATION OF SERVICES
- SERVICE ORDERING PROCCESS
The User can order a Service by using the Page Collectio. Equally, an order can be made by the employees of Collectio at the request of the User. A User’s request for support can be made exclusively in written form (via e-mail or by making an inquiry to support via the User pages). Collectio will, upon receiving the order, make an offer to the User for the ordered Services.
- SERVICE ACTIVATION
The Services are, when paying via credit card or Paypal, activated automatically after the payment is done. In case the Services are paid via a deposit on the giro account of the Company, the Services are activated manually by a Company employee.
- SERVICE PAYMENT
The Services of Collectio are paid in advance and this type of payment is a pre-condition for the activation, use and prolongation of Service. The payment will be considered completed in the moment when the monetary funds are, fully paid onto the giro account of the Company labelled on the product, that is, when the payment via credit card or PayPal is confirmed. As long as the funds are not paid to the giro account of the Company as stated on the offer, or the payment isn’t confirmed otherwise, e.g. by sending a confirmation of the payment via e-mail or the user system, the payment will be considered incomplete.
- BEGINNING OF SERVICE HIRE
The beginning of hire, that is, the beginning of the Service duration is considered to be the activation date of the service, unless the beginning isn’t otherwise defined with a separate contract or by an arrangement between the User and the Company.
- DURATION OF THE SERVICES
The duration of the Service is valid from the beginning of the hire of the Service until the expiration of the Service, in accordance with the offer.
- EXPIRATION OF THE SERVICE HIRE
The expiration of the Service duration is the last day of the duration of the Service and it is defined on the Service offer/receipt. The Service is automatically suspended by its expiration. The user can prolong the duration of the Service up to 30 days after its expiration by paying a drafted offer for the prolongation of the Service, by which the Service is prolonged for the newly paid time period, starting from the day of the payment. The User can, at any moment, establish an exact date for the expiration of the Service through the User pages or by contacting user support. The Service ends on the date of expiration and is therefore completely terminated 30 days after its expiration, after which the Company is no longer responsible for the activity and the quality of the given Service, nor for the User’s content stored on the Collectio equipment for the duration of the Service hire.
- SERVICE HIRE RENEWAL
To ensure continuous availability of the Service, all packages are automatically renewed starting from the expiration date of the previous duration of hire, exclusively under the condition that a monetary payment according to the offer for the Service prolongation that has been made. The new duration and price are determined according to the past hire period. In case of a price change during the hire period, the new term will be calculated according to the latest published prices. A notification with the prolongation offer for the Service will be sent via e-mail to the User’s e-mail address at least 7 days prior to the Service expiration. Collectio isn’t responsible in the case of an undelivered notification of Service expiration.
- SERVICE PACKAGE CHANGE
Collectio doesn’t charge for the upgrade of a package, but the User will be charged the difference for the installation and the set-up of the package, if this is charged. An automatic upgrade of the package isn’t possible for all Collectio Services.
- SERVICE CANCELATION
The services are automatically cancelled if the offer for hire prolongation is not paid, or if the User personally requests the cancellation of the Service. Collectio reserves the right to cancel any account, without notification, for any reason for which Collectio concludes is appropriate.
- REJECTION OF GIVEN SERVICES
Collectio reserves the right to reject a request to offer Services:
- If there is considerable doubt that the information of the User’s identity are false or untrue;
- If there is considerable doubt that the User plans to misuse the Services or enable misuse by a third party;
- If there is considerate doubt that the use of the Services might harm the stability of the Service to other existing users;
- In other cases confirmed by these Terms or based on a personal evaluation.
6. DOMAIN REGISTRATION
- The User confirms that he is informed about the rules of the register for a specific higher domain and therefore agrees to comply with them.
- The User understands that giving an order for domain registration, renewal or transfer doesn’t guarantee that Collectio will be capable of performing the procedure.
- Should the domains ordered and paid by the User be taken in the meantime by a third party, Collectio will notify the User about this and offer him a registration of a different available domain or a return of the paid amount for the domains that cannot be registered.
- Collectio isn’t responsible in the event that the paid for domain is taken in the time between the order and payment for the domain, as well as in the case of mistakes in the connection to the domain registers which check if the ordered domain is free.
- Modification of the domain name isn’t possible after registration.
- By accepting these Terms, the User accepts the rights and obligations given by the ICANN and the registers.
- ICANN demands that the User agrees to deliver real and confidential contact information for registered domains. During the registration or transfer of a domain, the register will demand that the User confirm his contact information.
- By accepting these Terms, the User accepts the rights and obligations given by the registers of domains which Collectio uses as their business partners.
- The contact information confirmation and change process requires the User to have a valid e-mail address. The User is obligated to confirm their identity by performing appropriate actions described in detail in an e-mail message sent to their e-mail address during the Service hire. If the User doesn’t perform the appropriate actions, the register can suspend their domain within 15 days.
- Collectio isn’t responsible for any damages due to the suspension of a domain caused by the failure of the user to confirm of contact his contact information. Collectio also isn’t responsible for the delivery of e-mails from the register to the User.
- The User is obligated to pay the prolongation offer for a domain by the expiration date of the domain. In case the User fails to pay for the prolonging of the domain by the domain expiration date, Collectio is not obligated to offer the Service at the same price as listed in the offer and can reject the domain prolongation and/or request a surcharge due to higher expenses of the prolongation of the expired domain, the User will be notified in time of the above.
- Notifications and directions for domain prolongation will be sent by e-mail to the User’s e-mail address 30 days, 25 days, 10 days and 3 days before the expiration of the domain. Collectio is not responsible in the event of a failed delivery of the notification of Service expiration.
- Collectio is not responsible for damages caused to the User by the User’s payments of the Service after the date of the domain’s expiration, that is, after the last day on which domain prolongation is allowed.
- The User understands that certain domains, after the elapsing of the registered time period, cannot be prolonged at regular prices but at the prices determined by the register
7. RECALL; FORCED CANCELLATION OF THE SERVICE
- Collectio reserves the right to immediately suspend, terminate or modify the hired service for the following reasons:
- Nonconformity with these Terms;
- Use of the Terms in a way that is in contrary to existing laws or generally accepted rules of Internet business use, including sending of mass unwanted commercial messages or other types of spam, the creation and sending of threats, abuse and insulting;
- Use of the domain name registration Services related to unethical activities;
- Collectio’s receipt of a court order from a competent court or an arbitration decision;
- Any reasons that, according to Collectio, present a risk for the Company.
- The User agrees that he will not receive any recompense in case of any of the above-mentioned suspensions, transfer termination or modification of the registered domain.
8. LIMITATIONS FOR USERS OF VIRTUAL AND DEDICATED PROVIDERS
The User is familiar with the fact that, due to the dangers of DDoS attacks and licensing issues, the starting game servers on virtual and dedicated servers is strictly forbidden.
9. LIMITATIONS FOR WEB HOSTING SERVICE USERS
Regulations of this item are applicable only to users of web hosting Services and therefore supplement the Terms which are applicable to all Users:
- SERVER RESOURCES
The User of every Internet page that uses a greater amount of server resources (such as, but not limited to: processor utilization, memory utilization as well as network resources utilization) will be offered the following options: to pay for the use of the resources beyond the limitation, decrease the use of the server’s resources to a reasonable level, or to upgrade the hosting package. Each web hosting account that, in a significant amount, negatively impacts the work of the server will be suspended without prior notification.
Each script that presents a potential danger or can negatively impact the work of the server or the network’s integrity will be removed without prior notification. Collectio does not allow script sharing with domains that are not stored with Collectio or any type of scripts that can be misused.
- MULTIMEDIA FILES
Multimedia files are defined as any graphic, audio or video files. Collectio web hosting accounts do not permit their use for distribution or for storing large amounts of multimedia files. In case the amount of such files exceeds 50% of the stored content on the server, the account will be checked and, if need be, suspended.
10. TERMS OF SERVICE PAYMENT
The following regulations constitute Collectio’s Terms of Service payment and are applicable to all Users:
All amounts are shown in either HRK or EUR. The User may choose his currency of preference.
- PAYMENT METHODS
Collectio accepts the following payment methods:
- Online paying via credit cards
- Online paying via PayPal
- Paying via the giro account of the Company
- PAYMENT/SUBSCRIPTION CYCLE
The payment cycle begins when the hired Service is activated. The User may change the payment cycle whenever he wishes, but the new payment cycle will commence upon of the past cycle’s expiration. Collectio offers several payment cycles for subscription payment for the Services (recurring payments):
- Monthly (1 month)
- Quarterly (3 months)
- Biannually (6 months)
- Yearly (12 months)
- DELAYS IN PAYMENT
All accounts for Services that are paid in cycles are charged according to the Service activation day. Services that are not prolonged for up to 2 days after the expiration of the initially hired time period will automatically be suspended. In case the Services aren’t prolonged even 30 days after the expiration of the initially hired time period, the Service will be cancelled and all files and settings related to the Service permanently deleted. The User will receive an e-mail notification for each of the activities that he needs to perform in order for the Service to function without interruption.
- OFFERS AND BILLS
Collectio does not send offers and invoices via postal services. Instead, each offer and invoice will be sent via e-mail in the form of a PDF attachment. Each offer and each invoice can, at any time, be viewed through the users’ pages.
- HOSTING PACKAGE CHANGE
Collectio does not charge for upgrades of the hosting package, but the User will be charged the difference for the installation and set-up of the package, should such a service be charged.
- SPECIAL REMARKS
In case payments are made to the Company’s account, the User bears the potential costs of the money transfer (bank compensation and similar). The payment will be considered incomplete until the funds, in full, are visibly paid and present on the Company’s giro account.
- OVERPAID BILLS
Should the User overpay an offer or a bill, the surplus will be added to the User’s Collectio account as an addition of the user profile or in the form of credit points. The User can use these points to decrease further payments, which the Collectio system automatically does upon creating new offers. Should the User decide to terminate the Service prior to its expiration, they reserve the right to file a request for a return of the overpaid amount according to the terms from article 11.
11. MONEY REFUND
- Collectio offers a 30-day money refund guarantee for Web hosting packages as well as a 15-day guarantee for Reseller hosting packages, in full, potentially decreased for the cost of any licenses.
- To obtain a refund, the User is obliged to file a written and elaborated request via postal service or e-mail.
- The money refund does not apply to other Services such as domains; licenses; virtual servers; dedicated servers; additions that are paid along with web hosting that Collectio hires from a third party; as well as other Services that are not listed in paragraph A of this article.
- Collectio does not allow refunds for the time during the Service’s unavailability when this unavailability is the result of the measures taken due to violations of the terms. The violators of the Terms are liable, without limitation, for the costs of the work necessary to repair the damage caused to the operation of Collectio’s Services as well as of potential law suits by damaged Users of Collectio’s Services.
12. PRICE LIST AND PRICE MODIFICATIONS
- All Service prices are available on Collectio’s Web Pages.
- The prices are shown without VAT, except during the ordering process where VAT is only visible upon placing the product into the shopping cart.
- The regulations and prices of Collectio may be modified at any time and without prior announcement.
- Each price modification becomes active upon the next hire time period of the Service.
13. ILLEGAL USE
- Collectio servers may be used exclusively for legal activities.
- Transfer, placement or distribution of any type of information, data or materials that are not in accordance with the law or enable direct violations of the law are strictly prohibited. This includes, but is not limited to: material protected by intellectual property rights; trademarks; business secrets or other rights to intellectual property used without appropriate authorization; unsuitable material; unsuitable content.
14. UNWANTED SENDING OF MAIL (SPAMMING)
- Collectio actively participates in the fight against the spreading of unwanted mail (so-called spamming) and will promptly react to any reports.
- Sending of unwanted mass and/or commercial messages via the Internet (known as „spam“) is strictly prohibited, regardless whether it overloads the server, that is interferes with the use of Services by other Users of Collectio or not.
- The sending of unwanted mail includes, but is not limited to: being involved in sending spam messages using the Collectio Service and referring to web pages located on Collectio servers in the unwanted mail; direct sending from the server hired from Collectio; selling or distribution of software (on web-pages hosted on Collectio’s servers) that enable the sending of unwanted mail.
- Collectio reserves the right to determine what represents a violation of this prohibition.
15. VIOLATIONS AGAINST COMPUTER NETWORKS AND SYSTEMS
- Violations against computer networks and systems security is strictly prohibited and can lead to criminal and civil liability.
- Examples of such violations, without limitation, include: non-authorized access and use of information, systems or networks, including any attempt of probing, scanning or testing of the systems’ and networks’ vulnerability, as well as security breaches or authentication measures without direct approval of the owner of the computer, system or network; disruption of any of the Services provided to Collectio Users including the operation of the server and/or network, including e-mail „bombarding“, „flooding“ attacks, intentional attempts to overload the system and „broadcast“ attacks; forgery of TCP-IP package information, e-mail headers or message headers on news groups.
16. VIRUSES AND OTHER DESTRUCTIVE ACTIVITIES
- The use of Collectio Services or equipment for the purpose of: creating or sending Internet viruses, „worms“ and „Trojan horses“; pinging, flood attacks or e-mail bombarding or contributing to a DoS attack is strictly prohibited.
- It is also prohibited for any Client to participate in activities intended to terminate or disrupt Services that Collectio offers to their Users, that is, activities that have the goal of disrupting and preventing Collectio Users from successfully using Collectio Services and equipment (or any connected network, system, Service or equipment).
17. PROCEDURE IN CASE OF SERVICE VIOLATIONS
- In the case of a justified report of spreading unwanted mail and/or other types of violations of hired Services, Collectio will notify the User about the report and request a solution of the problem.
- In case the User doesn’t respond to Collectio’s warning within 12 hours from the moment of the request for problem resolution, Collectio will suspend the User’s Service and will charge 200 HRK + VAT for reactivation.
18. OWNERSHIP OF THE STORED CONTENT
- The owner of the User’s Internet pages, auxiliary content and all accounts registered with Collectio is an individual or an organization whose name, or title, is listed in Collectio’s database as the owner.
- The owner must fully cooperate with Collectio and accept all Collectio’s safety measures and procedures in the case of any disputes over the ownership of the User’s Internet pages and accounts opened at Collectio.
19. INTELLECTUAL PROPERTY
- The User will not, except with an explicit written permission from Collectio, copy, reproduce, further publish or in any way, partially or wholly, make use of materials available on Collectio’ Internet page.
- The Users will not, in any way, falsely present their connection with Collectio, present themselves as Collectio or claim that the Users are Collectio.
- The User is fully responsible for materials stored on the Collectio’s servers within the scope of the hired Services.
- Collectio cares for the privacy of online communications and web pages.
- Generally speaking, the Internet isn’t more or less safe than other means of communication, including mail, telefax and telephone Services, of which all may be intercepted and in other ways compromised. However, as a safety precaution, Collectio encourages their Users to assume that none of their online communications are secure.
- Collectio cannot take responsibility for the safety of information that is transferred through Collectio’s equipment using Collectio’s Services in general.
21. USER RESPONSIBILITY
- It is demanded that the User use Collectio’s Services responsibly, which includes respecting other Collectio Users.
- Collectio reserves the right to suspend and/or terminate any of their Services to any User that uses Collectio Services in a way that negatively influences other Users.
- Even though Collectio supervises their Services electronically, in order to monitor if all of their Services work at full capacity, in general, the communications of the Users are not monitored in order to determine whether they are in compliance with the Terms.
- If Collectio notices any violation of Terms or other contracts, Collectio can perform all required activities for terminating or correcting such offences, including, but not limited to, prohibiting access to Collectio Services and Equipment. Also, in case of a violation of the Terms or other contracts, Collectio can undertake necessary activities against the User’s users (third parties).
- Collectio assumes that the Users which offer Internet Services will cooperate with Collectio when it comes to preventing or rectifying unwanted activities. Failure to cooperate in such a manner is a violation of the Collectio’s Terms and Collectio reserves the right to undertake necessary measures, even if such actions influence the users of Collectio’s Clients.
- The User must provide an e-mail address that is not a part of the Service, i.e. that does not depend on the Service, for the sake of maintaining the possibility of two-way communications. In case the need for contact arises, the provided e-mail address will be used for this purpose.
- It is the User’s responsibility to assure that their contact information is recent and up to date at any moment of the Service’s use. Collectio is not responsible for the Service’s inactivity due to outdated contact information or due to the Users’ e-mail filters that disabled the reception of User notifications.
- The User can check or change this information or they can contact Collectio0s technical support via e-mail or phone.
- Giving false contact information of any sort can lead to the termination of the Service, without prior notice to the User.
- THE USER’S RESPONSIBILITY FOR THE RESELLER HOSTING SERVICE
- Users of the Service (in further text referred to as Resellers) need to assure that each of their clients complies to the Terms of Service use
- Resellers are responsible for providing the support for their clients.
- Resellers are responsible for all of the content that is stored or transferred under their reseller account
- Collectio will hold the Resellers responsible for any actions of the Reseller’s clients that violate laws or the Terms of Service usage
- Collectio isn’t responsible for the actions or oversights of Reseller
- Resellers in the Collectio reseller program take full responsibility for billing and providing technical support for their clients
22. COLLECTIO'S ACTIVITIES
- Violating the regulations of the Terms may finally result in the deactivation of the User’s account. Collectio will decide, what is considered a violation of regulations.
- Collectio reserves the right to delete any User account, without prior warning, and to refuse to offer Services to any User at any time.
- In the moment when Collectio becomes aware of a supposed violation of the Terms regulations, Collectio will start an investigation. During the investigation, Collectio can limit the User’s access to their Services with the goal of preventing additional, potentially harmful and unauthorized actions.
- Depending on the seriousness of the violation, Collectio can limit, suspend or terminate the User’s account and/or make use of legal remedies. If the violation fits under the classification of a criminal offence, Collectio will notify the authorities about the violation.
- An Activity that isn’t listed on the list of violations of these Terms can also be considered a violation of the regulations of Terms if it is illegal, irresponsible or presents a destructive use of the Internet.
23. DAMAGE COMPENSATION
Collectio Users agree to protect, defend and exclude Collectio from responsibility and damage compensation, any third party related to Collectio (including, but not limited to the providers of the Services and licenses) as well as Collectio employees for any liability, losses, expenses, court decisions, damages, demands or causes of action, including all legal financial fines and expenses that stem from the User’s use of Collectio Services. Collectio is liable only for the damage caused by violations of the responsibility of acting with the care of a good entrepreneur.
24. WAIVER OF LIABILITY
- Collectio Services are offered by the principle of the existing state of availability and without any guarantees, spoken or understood, including, but not limited to warranties regarding selling, and suitability for a specific use or integrity.
- Collectio specifically denounces any sort of statement or guarantee that Collectio Services will be free of any errors, safe and without work interruptions.
- No vocal or written information from Collectio or their employees can create a warranty, nor can the User rely on such information.
- Collectio, along with their partners and suppliers, will not be responsible for any expense or damage created from any use of the Service.
- In case that the use of the Services by the User impacts the Collectio Service provision quality significantly, Collectio has the right to apply appropriate network resource protection measures, the User will be notified prior to this.
25. SAFETY COPIES (BACKUP)
- Collectio creates a daily backup of the web hosting account. Despite this, these safety copies are created due to Collectio’s administrative activities and are in no way GUARANTEED!
- The Users are responsible for maintaining their own safety copies and their own saves on their computers or any other media.
- Collectio provides no compensation regarding lost or incomplete data in case any sort of mistake during the creation of safety copies.
- Collectio will try their best to ensure a complete safety copy, but takes no responsibility for this Service.
26. THIRD PARTY LICENCES
- Collectio tries to provide users with various technologies, developments and innovations (henceforth „Technologies“), some of which may be licensed by third parties.
- Collectio does not offer any guarantee regarding the quality, accuracy, dependability, validity or the continuation of existence of any aspect of these Technologies. Also, Collectio specifically waives all guarantees regarding the sale and suitability of these Technologies for a specific use.
- The User will not hold Collectio responsible for any license repeal given to Collectio.
- The users use the technologies, directly or indirectly obtained from or through Collectio, or any connected third parties, exclusively at their own responsivity.
27. THIRD PARTY PRODUCTS
- Any mention of products that are not from the Company by Collectio, their employees or a third party connected to Collectio is used solely for the sake of information and does not present an endorsement or recommendation by Collectio.
- Collectio rejects all obligations for representation or warranties by the suppliers of such products or Services.
- The User agrees that certain Services can be delivered by a third party and that such Services may be subject to additional contracts, policies and terms in relation to the regulations of these Terms.
28. COURT JURIDISTICTION, APPLICABLE LAW AND THE INVALIDITY OF CERTAIN PROVISIONS
- These Terms, as well as any other contract regarding Collectio’s Services, will be subject to and interpreted according to the laws of the Republic of Croatia, regardless of any conflict of legal principles.
- The User agrees to the personal and exclusive jurisdiction of the courts in the Republic of Croatia for the settlement of any legal claims or disputes.
- If, for any reason, any of the regulations of these Terms is considered or becomes invalid or inapplicable, such invalidity will not affect the rest of these Terms and the invalid or inoperable regulations will be replaced by terms that are acceptable to both parties, which are, by their validity, legality and applicability closest to the initial intentions of the contracting sides and that have the maximum economic effect.
29. FORCE MAJEURE
- Collectio will not be responsible for the failure to execute of any of the provisions of these Terms if this is a result of a higher power – events beyond the control of the contracting parties and independent of their will, that directly influence the execution of the Terms obligations, the appearance of which is not the result of a lack of care by the contracting parties, and that cannot be predicted nor avoided, including: wars, uprisings, mutinies, civil unrest, natural catastrophes, earthquakes, fires, floods, explosions, a lack of manpower or materials, issues with transport, accidents, embargoes or state limitations (altogether called a „Force Majeure“).
- Collectio will do all in their power to minimize the consequences of the Force Majeure.
- Regardless of all the regulations of these Terms, a lack of financial assets will not be considered a Force Majeure, nor will any Force Majeure free the Client of the responsibility to pay for due obligations.
30. ACCEPTANCE OF TERMS AND EXCLUSIVENESS
- These Terms, along with all other contracts regarding Collectio’s Services, present a complete understanding and agreement between Collectio and the Users.
- Unless otherwise agreed, exclusively in written form and signed by an authorized representative, these Terms replace any other written (including digital/computerized) agreement or oral arrangement.
- These Terms and/or any other related contracts regarding Collectio’s Services are made exclusively between Collectio and their Users and their rights are not transferred to any third parties, unless otherwise agreed.