General terms and conditions of use of internet services of Optimus IT d.o.o.

1. Article – Subject matter and scope

These General Terms govern the business relationship between OPTIMUS IT d.o.o., Leskoškova 6, 1000 Ljubljana (hereinafter: the provider) and the natural or legal person who orders or uses the provider's services (hereinafter: the user).

The General Terms published on the provider's website, together with the service price list and the offered services, determine the manner of business, the content and quality of the offered services and apply to all users of these services. If the General Terms and special agreements (arranged in written contracts or via e-mail) are inconsistent, the special agreements prevail.

The General Terms apply to all services of Optimus IT d.o.o., including but not limited to:

web hosting,

server hosting (colocation),

rental of virtual or physical servers,

database hosting,

data backup and storage,

special cloud services (such as mojSef),

server maintenance, special services (sending bulk e-mail, security services, analysis of service disruptions and resolution of all technical problems).

By entering the website, the user agrees that they have been informed that the websites www.optimus.si, www.mojvps.si, www.mojakolokacija.si, www.mojoblak.si and www.mojsef.si, as well as others through which the provider markets its services, use cookies in accordance with the second paragraph of Article 225 of the ZEKom-2 Act.

2. Article – Conclusion of the contractual relationship and ordering

The user submits an order or inquiry for a particular service to the provider by e-mail or in another manner agreed with the provider.

The details of the ordered service, price, billing period, payment deadline, duration, technical characteristics and any other special conditions are determined in the offer, order, contract or other written agreement between the user and the provider.

The contractual relationship is concluded when the provider accepts the user's order, or when the parties conclude a contract or otherwise verifiably confirm the essential elements of the order.

The provider may, for the purpose of verifying the user's identity, require appropriate identification data or documentation, whereby the method of verification is determined according to the type of user, the ordered service and applicable regulations.

The user is obliged to provide the provider with correct, complete and up-to-date contact and other data required for the provision of the service, and to notify the provider of any changes without undue delay.

3. Article – Prices and billing

All prices are stated in EUR (€) and exclude VAT, unless explicitly stated otherwise.

Services are billed in accordance with the valid price list published on the website of OPTIMUS IT d.o.o., the offer or the contract. The billing period and payment deadline are determined in the offer, contract or invoice.

The provider may change the price list for future billing periods. If the change affects an already concluded ongoing contractual relationship, the provider notifies the user of the change in an appropriate manner and within the deadline required by the contract or applicable regulations.

4. Article – Late payment

If the user is late with payment, they are obliged to pay, in addition to the invoice amount, the statutory

default interest and reminder costs. The cost of the first reminder is EUR 2.50 + VAT, as is

the cost of each subsequent reminder.

In the event of non-payment of an individual monthly amount, the provider sends a reminder. If the user still does not pay their obligation after the reminder, the provider may temporarily disconnect the unpaid services. Storage costs for the hardware amount to 30% of the colocation value per month, while for virtual server services the full amount is charged even after disconnection, due to the reservation of the capacity of the virtual instance in the cloud, until the date of termination of the contract.

Reconnection of an individual service amounts to EUR 25.00 + VAT.

If the colocation user fails to pay three consecutive monthly amounts, the provider may terminate the contract without notice and retain the user's hardware because the debt has not been paid. In this case the provider may be paid from the value of the servers in the same manner as a pledgee, but before deciding to do so it notifies the user of its intention.

5. Article – Obligations

The provider strives to ensure the quality, secure and reliable provision of the agreed services and to maintain the systems and infrastructure in accordance with the nature of the individual service, the agreed service level and good professional practices.

The provider performs the necessary maintenance and security work and notifies users of planned interventions that may significantly affect service availability, where possible and reasonable given the circumstances.

Deadlines for response and error resolution apply only if explicitly set in the contract, offer or SLA. If no specific response time is agreed, the provider handles errors within a reasonable time depending on their nature, severity and available information.

Due to the very nature of the service and the internet, the provider cannot guarantee that the services will always be available. The provider is not responsible for the correctness of data sent by anyone to/from the server. The provider is not responsible for any lost or damaged data on the server. The provider is not responsible for direct or indirect damage arising from the use of its services.

The provider assumes no liability for damage caused by, but not limited to:

damage or liability arising from the outage of server system services,

damage or liability arising from increased response time,

damage or liability arising from the non-transfer or incorrect transfer of data, damage or

liability arising from unauthorized intervention,

damage or liability arising from any (hacker) attack,

damage or liability arising from unaccepted and/or unsent e-mail or an e-mail server error,

damage or liability arising from natural factors and force majeure,

for direct or indirect damage arising from the use of the provider's services, …

The service provider will not be liable for the loss and/or damage of data, interruptions in the operation of services and any outage or loss of data caused by the fault of the service provider, its clients, employees or a third party.

6. Article – Fair usage policy

Where a fair usage policy is set for a particular service, the user uses the service within ordinary and reasonably expected usage patterns.

More detailed limitations, capacities or measures in the event of excessive use are set out in the service description, offer, special conditions or contract.

7. Article – Disruptions, errors and maintenance

The user may report disruptions and errors to the contact details (T: 01 620 75 01 or podpora@optimus.si) or as specified in the contract.

When reporting, the user must provide the information reasonably necessary to diagnose and resolve the issue, and enable the necessary cooperation.

The provider responds to a reported error no later than 24 hours after receiving the report, unless a different response time is agreed in the offer, contract or SLA. The time to resolve the error depends on its nature, complexity and impact on service operation. If the deadline for error resolution is not specifically agreed, the provider strives to resolve the error as soon as reasonably possible.

If it is determined that the cause of the reported issue is not in the systems or services for which the provider is responsible, diagnostics and intervention may be charged in accordance with the valid price list or the agreement with the user.

The provider may, for urgent security, technical or maintenance reasons, temporarily restrict access to the service when necessary to protect the infrastructure, data, other users or service stability.

8. Article – Obligations

The user fully understands and agrees that

they are fully responsible for the content on the rented server space, will not upload legally prohibited content or links to it to the rented server space,

the provider's total liability for subscription services and for any breach of the general terms is limited solely to the amount the user paid for the service,

they will not hold the service provider, its clients and employees liable for any damage arising from the use or inability to use the services, nor for any damage arising in connection with the service provider's services,

if the user intentionally or unintentionally damages the provider, the provider has the right to charge the user in full for the damage, and

they will pay in full, within 14 days of occurrence, the damage or benefit obtained at the provider's expense caused by misuse, as assessed by a court-appointed expert of the relevant field, and the resulting additional costs.

The user is fully responsible for

• actions performed under their user names and in their assigned space,
• content that they and/or a third party installed on the user's virtual server using the user names,
• actions performed under their user names and in their assigned space.

Any illegal, criminal, violent or otherwise questionable use of the services, or use contrary to these terms of use, is considered misuse.

Cryptocurrency mining, without the provider's explicit permission, is strictly prohibited and is considered intentional damage to the provider.

If the user does not use the assigned resources that they are entitled to manage exclusively for

their own needs and their own services, or does not use them in accordance with any other written

agreement with the provider, misuses the system or has overdue, unpaid obligations to the provider,

the provider may permanently disable the user's access to the account(s) and delete the accounts themselves, without refunding any amounts already paid or stored data, and may recover any debts.

The provider reserves the right to disconnect or otherwise restrict the user if it determines that such a measure is appropriate (the user uses the services in breach of Slovenian law and/or in breach of the general terms of OPTIMUS IT d.o.o.).

The user is obliged to immediately notify the provider of a detected or suspected security incident, misuse of the user account or compromise of access data that could affect the provider's services.

The user is liable for damage caused to the provider or third parties by breach of the contract, these terms, special conditions or applicable regulations, in accordance with the general rules of damages law.

9. Article – Backups

The scope of the provider's liability for data backup depends on the ordered service. If the backup service is not explicitly agreed, the user provides their own appropriate data backups.

If backup is part of the ordered service, the scope, frequency, retention period and method of restoration are set out in the service description, offer, contract or SLA.

The user must ensure an appropriate copy of the data before major changes, interventions or migrations, where this is within their area of responsibility.

10. Article – Domains

The user undertakes to provide the provider with correct, complete and up-to-date data required for registration, renewal, transfer or other management of the domain, and to cooperate in verifying the data or identity where required by the provider, the competent registry or applicable regulations.

The registration, renewal, transfer and other procedures relating to domains are governed by the current rules and conditions of the competent registry for each top-level domain. The .si domains are governed by the rules of Register.si, operated by ARNES, and the .eu domains by the rules of the EURid registry. The user undertakes to become familiar with and comply with the applicable rules.

The provider does not guarantee that a domain shown as available at the time of checking will still be available when registration is carried out. Registration is only successfully completed once confirmed by the competent registry.

The user guarantees that the registration and use of the domain do not infringe applicable regulations or the rights of third parties, and that the domain will not be used for unlawful purposes.

When transferring a domain, the user must meet the conditions of the competent registry and provide the provider with all data, confirmations, authorization codes or other documentation required to carry out the transfer.

The user is obliged to fulfil the obligations required for domain renewal in a timely manner. After the registration period expires, the domain may enter quarantine or another status, and its reactivation depends on the rules of the competent registry and may involve additional costs.

The provider is not liable for the rejection, unsuccessful transfer, non-renewal, deletion or other measures of the competent registry where these result from its rules, incorrect or outdated user data or other circumstances beyond the provider's control.

The provider may disclose the data required for registration and management of the domain to the competent registry or other entities where necessary for the provision of the service or compliance with legal or registry obligations.

11. Article – Virtual servers, hosting and cloud services

The technical characteristics of each service, assigned capacities, network restrictions, management method, backup and any fair usage policy are set out in the offer, service description, special conditions or contract.

The provider accepts and executes orders in order of arrival until the available cloud capacities of OPTIMUS IT d.o.o. are filled. Contractual subscribers have priority.

12. Article – Colocation

The hardware that the user installs as part of the colocation service remains the user's property. The user is responsible for the technical suitability of the equipment and its suitability and safety for installation in the provider's premises.

The conditions of physical access, power supply, network connectivity, interventions in the equipment and removal of the equipment, as well as the procedure after termination of the contract, are set out in the special colocation conditions or the contract. The scope of the rented space, expressed in server units (U), and the price of the service are determined individually according to the user's needs and mutual agreement.

13. Article – IP addresses

IP addresses and other network resources assigned to the user as part of the provision of the service remain under the management of the provider or its supplier. After termination of the service, the user's right to use them ceases.

14. Article – Protection of personal data

The provider processes personal data in accordance with Regulation (EU) 2016/679 (GDPR), the Personal Data Protection Act (ZVOP-2) and other applicable regulations.

More detailed information on the processing of personal data, purposes and legal bases of processing, retention periods, data recipients and the rights of individuals is set out in the provider's Privacy Policy.

Where the provider processes personal data on behalf of the user as a processor, the parties shall, where necessary, conclude a data processing agreement or another appropriate arrangement in accordance with Article 28 of the GDPR.

For questions regarding the processing of personal data and the exercise of rights, an individual may contact the provider at the e-mail address dpo@optimus.si or in writing at Optimus IT d.o.o., Leskoškova 6, 1000 Ljubljana.

Every individual has the right to lodge a complaint with the Information Commissioner of the Republic of Slovenia (Information Commissioner, Zaloška cesta 59, 1000 Ljubljana, Slovenia, e-mail: gp.ip@ip-rs.si) if they believe their personal data is processed contrary to applicable regulations governing the protection of personal data.

15. Article – Trade secrets and confidentiality

The user and the provider are obliged to provide each other with all data necessary for the effective and comprehensive provision of the services and the provisions of the concluded contracts.

The user and the provider undertake to protect as a trade secret or confidential information all data obtained in the course of mutual business cooperation that is marked as such or that can reasonably be expected to be confidential given its nature or circumstances, including business and technical communication.

The obligation of protection does not apply to information that is publicly available without breach of confidentiality obligations, that the recipient lawfully knew before disclosure, that it lawfully received from a third party, or that it must disclose pursuant to law or a decision of a competent authority.

The obligation to protect confidential information also applies after the termination of the contractual relationship, as long as the information has the nature of a trade secret or as long as there is a legitimate interest in its protection.

16. Article – Duration and termination

The duration of the contractual relationship is set out in the offer, order, contract or other written agreement.

The user may terminate the service by e-mail or in another manner agreed in writing, taking into account the notice period and other conditions agreed for the individual service.

The provider may terminate the contractual relationship in the cases and under the conditions set out in the contract, special conditions or applicable regulations.

After termination of the service, the user must, within the deadline set for the individual service, collect or transfer their data and equipment. After the agreed deadline expires, the provider may delete the data if its further retention is not required by law or otherwise agreed.

17. Article – Extraordinary suspension or restriction

The provider may temporarily restrict or suspend the service without the usual notice period where necessary due to serious misuse, an immediate security risk, unlawful use, endangering other users or the infrastructure, or other reasons where the continuation of the service is not reasonably possible.

Where circumstances allow, the provider warns the user before the measure and enables them to remedy the breach.

18. Article – Security incidents

The provider ensures the handling of security incidents and the notification of users and competent authorities where required by applicable legislation.

The user is obliged to notify the provider without undue delay of detected security incidents, misuse or other events that could affect the confidentiality, integrity, availability or authenticity of the provider's infrastructure or the services of other users.

In the event of security incidents or immediate security threats, the provider reserves the right to implement the necessary and proportionate protective measures, including temporary restriction or suspension of the provision of services, where necessary to protect the infrastructure, data or other users.

19. Article – Notifications

The provider may send the user, to their contact details, notifications necessary for the performance of the contractual relationship, in particular notifications about services, maintenance work, security events, changes to services, invoices, overdue obligations and other circumstances related to the ordered service.

The user is aware that the provider publishes notifications regarding the provider's services on the provider's websites and is obliged to periodically check the provider's website.

The user is obliged to keep their contact details up to date and to regularly monitor the communication channels agreed with the provider.

The provider sends commercial or marketing messages separately from mandatory contractual notifications and in accordance with applicable regulations on electronic communications and the protection of personal data.

20. Article – Dispute resolution

The parties strive to resolve any disputes amicably. If an amicable resolution is not possible, the court with subject-matter jurisdiction in accordance with applicable regulations is competent to resolve disputes.

In accordance with the ZIsRPS, we inform you that we do not recognize any out-of-court consumer dispute resolution (IRPS) provider as competent to resolve consumer disputes.

21. Article – Changes to the general terms

The provider may change these General Terms due to changes in legislation, technical or security requirements, changes to services, business-organizational reasons or other justified circumstances.

The amended General Terms are published on the provider's website. If the change significantly affects the user's rights or obligations in an existing contractual relationship, the provider notifies the user of the change in an appropriate manner and in accordance with applicable regulations or the contract.

22. Article – Validity

These General Terms enter into force on the date stated upon their publication and apply to contractual relationships for which their application is agreed or determined in accordance with applicable regulations.

For matters not governed by these General Terms, special conditions or an individual agreement, the applicable regulations of the Republic of Slovenia apply.