Terms of Service
Preamble
This Terms of Service Agreement ("Agreement") is entered into between Senko Digital LLC, a company registered in Georgia, having its registered office at Batumi city, Zhiuli Shartava Avenue, N7, Floor N7, Apartment N22, 6004, Georgia, company number 445798067 ("Company", "we", "us", or "our"), and the individual or legal entity accepting these Terms ("Client", "you", or "your").
By accepting this Agreement, you represent and warrant that: (a) you have the legal capacity and authority to enter into this Agreement; (b) if you are accepting on behalf of a legal entity, you have the authority to bind that entity; (c) you are at least 18 years of age; and (d) all information provided to the Company is accurate and complete.
This Agreement constitutes a legally binding contract between you and the Company. Your acceptance of this Agreement occurs when you: (1) create an account in the Client Area and agree to the terms during registration, or (2) place an order for services and accept these Terms. Continued use of our services after any modification to this Agreement constitutes acceptance of such modifications.
By creating an account, placing an order, or using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Your electronic acceptance, including clicking "I agree" or similar acknowledgment, constitutes your electronic signature and has the same legal effect as a handwritten signature.
1. Definitions
- 1.1.Agreement — This Terms of Service Agreement, including all schedules, amendments, and incorporated policies
- 1.2.Company — Senko Digital LLC, a company registered in Georgia, providing hosting, domain registration, and technical support services
- 1.3.Client — An individual or legal entity that has accepted this Agreement and uses the Company's services
- 1.4.Services — All hosting, cloud computing, domain registration, and related technical services provided by the Company
- 1.5.Client Area — The Company's online client portal accessible through the Company's website
- 1.6.Service Level Agreement — The service level commitments and uptime guarantees as specified in Section 12 of this Agreement
2. General Provisions
- 2.1.This Agreement, together with the Privacy Policy and any service-specific terms, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral.
- 2.2.The Company reserves the right to amend the terms of this Agreement at any time. All changes take effect 14 days after publication on the Company's official website. Continued use of services after the 14-day notice period constitutes acceptance of the updated Agreement.
- 2.3.The English version of this document is the authoritative version and takes precedence over other language versions. In case of any discrepancy, the English version shall prevail.
- 2.4.Section headings are for convenience only and shall not affect the interpretation of this Agreement.
- 2.5.If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
- 2.6.The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by the party granting the waiver.
- 2.7.Sections relating to payment obligations, liability limitations, intellectual property, dispute resolution, and data protection shall survive termination of this Agreement.
- 2.8.Nothing in this Agreement excludes or limits rights that consumers have under applicable consumer protection laws, including but not limited to the right to statutory remedies, reasonable care and skill in service provision, and access to local courts or consumer protection authorities. Where any provision of this Agreement conflicts with mandatory consumer protections, the consumer protections shall prevail.
- 2.9.All technical support, billing inquiries, and other communications with the Company are provided exclusively in English. The Client acknowledges that support requests submitted in other languages may not receive a response or may experience significant delays. It is the Client's responsibility to ensure their contact email address is current and able to receive notifications from the Company.
- 2.10.Accounts and services are non-transferable by default. The Client may not sell, assign, or transfer their account or any services to another party without the Company's prior written consent. Service transfers between accounts may be requested by submitting a support ticket from both the originating and receiving accounts, stating the reason for the transfer. The Company will review and approve or deny such requests at its discretion.
- 2.11.Business Clients who process personal data of third parties using the Services may request a Data Processing Agreement (DPA) in accordance with GDPR Article 28 by contacting support.
3. Payment Terms
- 3.1.All services are provided on a 100% prepayment basis. Services will not be activated until payment is received and confirmed. Payment is considered confirmed upon receipt of funds by the Company or its payment processor.
- 3.2.Payments are made via the Client Area and are processed in the currency corresponding to the payment method the Client chooses on the website.
- 3.3.All prices are displayed in the currency selected by the Client. Currency conversion, if applicable, is handled by the payment processor and may be subject to exchange rates and fees.
- 3.4.Prices are exclusive of applicable taxes, duties, or fees unless otherwise stated. The Client is responsible for any taxes, duties, or fees imposed by their jurisdiction.
- 3.5.If payment for services is not made by the due date, services will be suspended immediately upon payment failure. A data retention fee of 50% of the daily service price will be charged for each missed day of payment. This fee reflects the Company's actual costs of maintaining allocated disk storage and reserving IPv4 and IPv6 addresses while your service is suspended (not using CPU, RAM, or network resources). This fee applies to virtual servers, dedicated servers, web hosting, and game hosting services only.
- 3.6.During the 7-day grace period following payment failure, the Client may renew their service, paying only the standard service renewal price and the data retention fee for each missed day of payment. After 7 days, the expired service and all its data will be permanently deleted.
- 3.7.We will provide you with a notification via email and/or your Client Area at least 3 days prior to any automatic renewal charge. You may disable automatic renewals or unlink your payment method at any time through your Client Area. If you disable auto-renewal, services will expire at the end of the current billing cycle. We guarantee that no cancellation fees or notice periods apply to disabling auto-renewal.
- 3.8.Plan upgrades are processed automatically and require only the payment of the price difference for the remaining period of the current subscription. Changes are typically implemented within minutes of confirmed payment. No prior notice is required for upgrades as they are processed immediately upon request.
- 3.9.Plan downgrades are not available due to technical restrictions of the underlying infrastructure. If a Client requires a smaller plan, they must order a new service on the desired plan and migrate their data independently. The original service may then be cancelled subject to the Refunds Policy.
- 3.10.Billing errors should be reported within thirty (30) days of the charge via support ticket. The Company will investigate and correct confirmed billing errors within ten (10) business days.
- 3.11.Before initiating any payment dispute or chargeback, the Client must submit a support ticket describing the billing concern and allow the Company five (5) business days to respond. If the Client initiates a payment dispute or chargeback without this prior resolution attempt, services may be suspended or terminated immediately without refund, and the Client may be permanently barred from future use of the Company's services.
- 3.12.Services are suspended roughly at the same time of day as the service was originally activated, based on the service activation timestamp.
- 3.13.For details on how payment card data is stored and processed, please refer to our Privacy Policy.
4. Refunds Policy
- 4.1.Refunds are calculated only for the full unused months of the service, excluding any partially used months or periods during which the service was suspended. Refunds may be requested at any time, including after 14 days, but will only cover full unused months.
- 4.2.Refunds are issued to the Client's original payment method or to the Client Area account balance, at the Company's discretion and subject to payment processor capabilities.
- 4.3.Refunds are processed within 14 business days of the request, depending on the payment method used, or as otherwise declared by the Company. Processing time may vary based on payment processor requirements and verification needs.
- 4.4.For a successful refund, the Client should notify the Company of the reason for the refund. In cases beyond the Company's control or responsibility, refunds are not guaranteed and may only be made at the Company's discretion.
- 4.5.The refund amount may be reduced by: (a) Payment system fees; (b) Company losses (e.g., if the Client violates terms of service and causes IP addresses to be blacklisted); (c) Any amounts owed to the Company.
- 4.6.The following services are non-refundable: (a) Software licenses; (b) Domain names (considered digital services); (c) Dedicated server (bare metal) installation fees (one-time service fees); (d) IP-Transit services; (e) BGP session services; (f) Services marked as non-refundable at the time of purchase.
- 4.7.The Company reserves the right to deny refunds in cases of: (a) Terms of service violations; (b) Fraud or suspicious activity; (c) More than three (3) refund requests within any rolling thirty (30) day period, which may be considered excessive; (d) Services that have been used in violation of this Agreement. This provision does not limit the Client's statutory rights under applicable consumer protection laws.
- 4.8.The Company may request an identity verification of the Client before processing refunds.
- 4.9.Cryptocurrency transactions are irreversible on the blockchain. For valid refund requests involving cryptocurrency payments, the Company will refund the fiat equivalent amount that was actually received by the Company at the time of the original transaction. Refunds are not subject to cryptocurrency price fluctuations; the refund amount is fixed to the fiat value recorded at the point of sale. Refunds may be issued in cryptocurrency or fiat at the Company's discretion, subject to the Company's ability to process such refunds.
- 4.10.If you dispute a refund decision, you may contact our support team to request a review. The Company will investigate the matter and provide a written response within 14 business days. For consumers, this does not affect your right to pursue remedies through applicable consumer protection authorities.
5. Client Rights and Obligations
- 5.1.The Client takes full responsibility for the server and all software used on it, including operating systems, applications, and third-party software.
- 5.2.The Client may install and use any software that complies with this Agreement and applicable EU, Georgia, and international legislation.
- 5.3.The Client has the right to migrate their game servers and virtual servers between tariff plans and physical servers within the Company's infrastructure, subject to technical feasibility and availability.
- 5.4.For detailed policies on prohibited content, software licensing requirements, content legality obligations, and bulk email, please refer to our Acceptable Use Policy.
- 5.5.The Client shall cooperate with the Company's reasonable requests for information during incident investigation. Failure to cooperate may affect the Company's ability to resolve issues and may be considered when evaluating SLA claims.
- 5.6.The Client shall promptly notify the Company of any known or suspected security breach, unauthorized access, or compromise of their Services. This obligation is critical as one compromised service can affect other clients on shared infrastructure.
- 5.7.Certain categories of service usage, including but not limited to commercial VPN and proxy operations, require specific infrastructure tiers as detailed in the Acceptable Use Policy. The Company may limit resources for services that do not meet the required infrastructure specifications for their use case.
6. Company Rights and Obligations
- 6.1.The Company undertakes to provide services within its technical capabilities and in accordance with the Service Level Agreement, but does not guarantee 100% uptime or uninterrupted service availability.
- 6.2.The Company will activate virtual server orders within three (3) business days of confirmed payment. Dedicated servers will be activated within five (5) business days, unless otherwise specified in the tariff description. If the Company fails to activate the service within the stated timeframe, the Client is entitled to a full refund upon request, or may choose to wait for activation. The billing period for the service begins on the date of activation, not the date of payment.
- 6.3.If the ordered tariff is unavailable due to lack of slots or IP addresses, the Company will, at the Client's request, offer a comparable tariff in an alternative location. Any price difference will be refunded to or charged to the Client accordingly.
- 6.4.The Company acts as a passive conduit for Client data and does not proactively monitor content. Upon receipt of a valid abuse report, the Company will acknowledge and begin investigation typically within 24 hours for network and infrastructure violations, or within 48 hours for content violations. The Company will take appropriate action to remove or disable access to the specific infringing material in compliance with applicable laws. If the Client fails to respond or remedy the issue within the investigation timeframe, the affected service or the entire account may be suspended depending on the severity of the violation.
- 6.5.The Company must cooperate with law enforcement agencies and regulatory authorities when required by law and upon a valid request from an authority, such as a court of law or a government agency.
- 6.6.The Company is not responsible for the Client's software or access issues caused by third parties, including but not limited to software vendors, internet service providers, or other external factors.
- 6.7.The company does not guarantee correct geolocation in various geodatabase services, such as IP2Location, DB-IP, MaxMind, etc.
7. Service Termination
- 7.1.The Company reserves the right to terminate services immediately and without a refund if the Client:
- Violates any provision of our Acceptable Use Policy, including but not limited to prohibited content and activities, network abuse, or sanctions violations
- Provides fraudulent or inaccurate information in breach of the warranty given in the Preamble of this Agreement
- Engages in a pattern of abusive conduct towards support staff or other clients, including but not limited to: threats of violence or physical harm, use of discriminatory slurs or hate speech, or sustained harassment across multiple interactions. A single instance of rude or strongly worded communication does not constitute grounds for termination. For non-severe misconduct, the Company will issue a written warning before taking any termination action. Immediate termination without prior warning is reserved for conduct involving credible threats of violence or illegal activity
- 7.2.For violations that do not pose immediate security risks or legal concerns, the Company will make reasonable efforts to provide notice and an opportunity to cure before service termination. However, the Company reserves the right to terminate services without notice in severe cases.
- 7.3.For certain violations, the Company may provide a cure period (typically 24 hours) during which the Client may remedy the violation. If the violation is not cured within the specified period, services will be terminated.
- 7.4.The Company may withhold specific data that is the subject of a valid legal complaint or law enforcement request. All other Client data remains accessible during the retention period specified in this Agreement.
- 7.5.If a Client believes their account was terminated in error, they may submit an appeal through the support ticket system. The Company will review the appeal and, if the investigation reveals the Client did not actually violate the terms, may reinstate the account and/or provide a pro-rated refund. The Company's decision on appeals is final, subject to the Client's right to pursue remedies under Section 14.
- 7.6.Termination by Client
- The Client may terminate services at any time by submitting a request through the Client Area or the support ticket system. A refund may be provided only for full unused months of the service, subject to the Refunds Policy. Alternatively, the Client may disable automatic renewal through the Client Area as described in Section 3.7, in which case the service will remain active until the end of the current billing cycle with no cancellation fees.
- No advance notice is required for Client-initiated termination, except where specified in the service plan or as required by applicable law.
- 7.7.Data Retention After Termination
- Upon service termination, all Client data will be held for 7 days before permanent deletion. The Client is solely responsible for backing up all necessary data before termination.
- Data retrieval after the 7-day retention period may be possible at the Company's discretion but is not guaranteed and may incur additional fees. The Company is not obligated to retain data beyond the 7-day period.
- 7.8.Account Reinstatement
- Accounts terminated due to violation of these Terms may be reinstated at the Company's sole discretion, subject to review, additional verification requirements, and possibly reinstatement fees. Reinstatement is not guaranteed and is evaluated on a case-by-case basis.
8. Applicable Laws and Jurisdiction
As a company registered in Georgia operating servers in Germany, Finland and the Netherlands, our services are subject to laws of multiple jurisdictions. This Agreement is designed to be compliant with applicable laws while recognizing the global nature of our services.
- 8.1.Georgian laws governing company operations, data protection, and consumer rights apply to our operations and Georgia-based Clients. EU GDPR applies to EU-based Clients.
- 8.2.EU laws applicable to our technical infrastructure in Germany, Finland and the Netherlands and personal data processing apply to our EU operations.
- 8.3.We serve Clients from around the world, and this Agreement is designed to be compatible with applicable laws in various jurisdictions. Where local laws provide greater protection to consumers or impose additional requirements, such laws shall apply to the extent required.
- 8.4.The Company fully complies with all relevant Georgian, EU, US, and international sanctions regimes, including but not limited to EU Council sanctions, US OFAC sanctions, and UN Security Council sanctions.
- 8.5.Sanctioned individuals or entities are strictly prohibited from creating accounts, placing orders, or accessing the Company's services. The Client must not create an account or place orders if they are subject to Georgian, EU, US, or international sanctions. Any attempt to do so, or any subsequent identification of a sanctioned individual or entity, will result in immediate account suspension and removal of all associated services without notice or refund.
- 8.6.The Company actively screens all user sign-ups and ongoing account activity against Georgian, EU, US, and international sanctions lists to prevent access by sanctioned individuals or entities.
- 8.7.The Company does not provide services to individuals or entities located in, ordinarily resident in, or organized under the laws of, any country, territory, or region subject to comprehensive sanctions under applicable Georgian, EU, or US trade restrictions. Violation of this provision will result in immediate account termination without refund.
- 8.8.We maintain active cooperation with relevant regulatory authorities and law enforcement agencies to ensure full compliance with all applicable sanctions and anti-money laundering requirements.
9. Service Level Agreement (SLA)
- 9.1.The Company strives to ensure service availability at 99.9% per calendar month, excluding scheduled maintenance windows and Force Majeure events.
- 9.2.Uptime is calculated based on the Company's monitoring systems, which are available for Client review upon request, and is measured on a monthly basis. The Company's determination of uptime and downtime shall be based on objective monitoring data.
- 9.3.For service interruptions due to the Company's fault, the Client is entitled to compensation in accordance with this SLA policy.
- 9.4.Compensation for unscheduled downtime is provided as a service extension at double the duration of the downtime. SLA compensation requests must be submitted within thirty (30) days of the downtime event. Requests submitted after this period will not be eligible for compensation.
- 9.5.The SLA uptime guarantee and compensation system do not apply to: (a) Free trial services; (b) Beta or 'Test' products; (c) Services marked as 'BUDGET' or 'No-SLA'; (d) Scheduled maintenance windows; (e) Downtime caused by Client actions, third-party services, or Force Majeure events; (f) Services suspended due to non-payment or violation of this Agreement.
- 9.6.Scheduled maintenance will be announced at least forty-eight (48) hours in advance via the Company's status page (https://senkostatus.com) and, where possible, via email notification. Scheduled maintenance windows are excluded from downtime calculations and will not exceed twenty-four (24) hours per calendar month under normal circumstances. Compensation may be provided at the Company's discretion for extended maintenance periods.
- 9.7.Technical support is available 24/7 through the ticket system. Target response times by channel are as follows: Client Area tickets — first response within 8 hours during working hours, with updates every 2 hours during working hours; Email — within 6 hours (replies are not guaranteed for certain types of messages); Web Chat — within 15 minutes during working hours; Telegram Bot — within 30 minutes during working hours; Discord Server — within 1 hour during working hours; Contact Form — within 24 hours (replies are not guaranteed for certain types of messages). These are target response times, not guaranteed commitments, and may vary based on support volume and issue complexity. The Company reserves the right to limit support ticket volume for Clients who submit excessive or repetitive requests that do not relate to genuine service issues.
- 9.8.The company does not provide a SLA guarantee for any of the BUDGET plans.
- 9.9.Clients may request verification of uptime calculations and monitoring data by submitting a support ticket. The Company will provide reasonable access to relevant monitoring data upon request.
- 9.10.The Company may, upon request, replace the IP address assigned to a Client's service. Whether the replacement is provided free of charge or subject to a fee from €5 to €20 per IP address, and is determined at the Company's discretion based on the reason for the request. Replacements necessitated by circumstances within the Company's control (e.g., IP blacklisting due to previous tenant activity) are provided at no cost. Replacements requested for reasons attributable to the Client (e.g., blacklisting caused by the Client's own activity) are subject to the fee. IP address availability is not guaranteed and all replacements are subject to available inventory.
- 9.11.All IP addresses assigned to the Client's services remain the property of the Company and are reclaimed upon service termination. The Client has no ownership rights over any IP addresses provided during the term of service.
10. Liability and Warranties
A. Client Liability and Obligations
- 10.1.The Client takes full responsibility for the hosted content and software. The Company bears no responsibility for the Client's applications, websites, or other content hosted on our infrastructure. The Client is solely responsible for ensuring their applications are secure, properly configured, and compliant with applicable laws.
- 10.2.If the Client causes damages or losses to the Company, they must compensate all incurred losses. The Client agrees to indemnify, defend, and hold harmless the Company from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) the Client's use of the Services; (b) the Client's violation of this Agreement; (c) the Client's violation of any third-party rights; or (d) any content or data uploaded or transmitted by the Client.
B. Company Liability and Limitations
- 10.3.Except as expressly set forth in this Agreement, services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- 10.4.The Company does not take any responsibility for local or regional restrictions on the use of our services imposed by third parties, including but not limited to internet provider restrictions, protocol restrictions, or IP address restrictions. For IP address replacement options and fees, refer to Section 9.10.
- 10.5.The Company may be held liable for direct damages caused by negligence, gross negligence, or willful misconduct, subject to the limitations set forth in this section. For consumers, liability for ordinary negligence in service provision applies to the extent required by applicable consumer protection laws.
- 10.6.The Company is not liable for indirect, consequential, or incidental damages, including but not limited to loss of profits, business interruption, data loss, loss of goodwill, or other economic losses, regardless of the theory of liability. This includes but is not limited to data loss from any cause such as hardware failure, software errors, misconfigurations, security breaches, or third-party actions. Clients are solely responsible for maintaining backups of their data as specified in Section 12.
- 10.7.Total liability of the Company, regardless of the theory of liability, is limited to the amount paid by the Client for services in the previous 12 months, or €300, whichever is greater.
- 10.8.The Company implements reasonable security measures but does not guarantee complete security or uninterrupted service. The Company is not liable for damages caused by factors beyond its reasonable control, including but not limited to: third-party services, software, or hardware; software vulnerabilities or malware; security breaches; Force Majeure events; or Client-caused issues.
- 10.9.Any claim against the Company must be brought within six (6) months of the date on which the claim arose or the date on which the Client became aware (or should have become aware) of the facts giving rise to the claim, whichever is earlier. Claims brought after this period are barred. This limitation period applies to all dispute resolution mechanisms described in Section 14 of this Agreement.
11. Intellectual Property Rights
- 11.1.All content, trademarks, logos, software, and services provided by the Company are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
- 11.2.The Client retains all rights to their own content hosted on our servers. The Client represents and warrants that they have all necessary rights, licenses, and permissions to use, host, and distribute any content uploaded to our servers.
- 11.3.The Company grants the Client a limited, non-exclusive, non-transferable license to use our services and software for the duration of the service agreement, subject to these Terms of Service.
- 11.4.By uploading content, the Client grants the Company a limited, non-exclusive, non-transferable license to store, process, transmit, cache, replicate, and perform technical operations on such content as reasonably necessary to provide the Services during the Term of this Agreement. This includes, without limitation, data center replication for redundancy, temporary copies during migration, and automated security scanning. Upon termination, this license shall automatically expire, except for archival backups retained for a limited period as required by law.
- 11.5.The Client may not reverse engineer, decompile, modify, reproduce, distribute, or create derivative works based on the Company's software, services, or intellectual property without explicit written permission.
- 11.6.The Company may request permission to use the Client's name and logo in the Company's marketing materials, customer lists, and website. The Company will not use such materials without the Client's explicit written consent. Customer reviews from public websites such as Trustpilot may be referenced or displayed on the Company's website without prior consent, but will be removed upon the Client's request. Use of customer reviews in paid advertising or promotional campaigns requires the Client's explicit prior consent.
12. Data Backup Responsibilities
- 12.1.The Client takes full responsibility for backing up their data. This includes all content, databases, files, configurations, and any other information stored on the Company's infrastructure.
- 12.2.The Company's liability for data loss is excluded as set forth in Section 10. The Client is solely responsible for maintaining backups.
- 12.3.We strongly recommend maintaining regular backups of all critical data in multiple locations separate from the primary hosting environment.
- 12.4.While we may assist with data recovery when possible, successful recovery cannot be guaranteed. Data recovery services may incur additional fees.
13. Force Majeure
- 13.1.Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control.
- 13.2.Such events include but are not limited to: natural disasters, acts of government, war, terrorism, riots, power failures, internet service provider or datacenter failures, DDoS attacks, catastrophic hardware failures affecting multiple systems simultaneously, third-party service failures, pandemic or public health emergencies, and civil unrest. Individual hardware component failures (e.g., a single disk or power supply) are considered ordinary operational risks and do not constitute Force Majeure events.
- 13.3.During a Force Majeure event, the Company will make reasonable efforts to maintain service availability and data integrity, but cannot guarantee full performance. SLA obligations are suspended during such events.
- 13.4.The Company will make reasonable efforts to notify Clients of Force Majeure events affecting services and provide updates on recovery timelines when available.
- 13.5.If a Force Majeure event continues for more than fourteen (14) consecutive days, either party may terminate the agreement with written notice, with pro-rated refunds for prepaid services not delivered.
14. Dispute Resolution
- 14.1.Prior to initiating any formal dispute resolution process, the Client agrees to first contact the Company directly in an effort to reach an informal resolution of any dispute, and both parties shall make good faith efforts to resolve such issues through direct negotiation.
- 14.2.For business-to-business (B2B) relationships, any dispute not resolved informally shall be resolved through binding arbitration in Tbilisi, Georgia, according to the rules of the Georgian International Arbitration Centre (GIAC), by a single arbitrator appointed in accordance with those rules. For B2B claims with a disputed amount of €500 or less, the parties may agree to resolve the dispute through online arbitration or written submissions only, without an in-person hearing, to reduce costs.
- 14.3.This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles. This governing law provision applies equally to all policies incorporated by reference into this Agreement, including the Acceptable Use Policy and the Privacy Policy. For technical infrastructure or Clients located in other jurisdictions, applicable mandatory laws of those jurisdictions may also apply.
- 14.4.For disputes not subject to arbitration, the parties agree that the courts of Georgia, located in Tbilisi, shall have exclusive jurisdiction, except that consumers may bring claims in their local courts as permitted by applicable Georgian law.
- 14.5.Each Client's claims are assessed independently based on their individual circumstances.
- 14.6.Notwithstanding the above, either party may seek relief in a small claims court (also known as a Magistrate Court) in Georgia for disputes within the jurisdictional limits of such court.
- 14.7.For B2B arbitration, the costs of arbitration (including arbitrator and administrative fees) shall be borne by the losing party, except that each party shall bear its own legal fees and expenses unless the arbitrator determines that one party’s position was frivolous or unreasonable, in which case that party shall bear all costs including the other party’s reasonable legal fees.
- 14.8.All claims under this Section are subject to the limitation period set forth in Section 10.9 of this Agreement. No dispute resolution proceeding may be initiated after the expiration of that period.
15. Final Provisions
- 15.1.By using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you must not use our services and should terminate your account immediately.
- 15.2.For questions regarding this Agreement, please contact us through the support ticket system in your Client Area or via the contact information provided on our website.