Terms and Conditions

01Who we are and how to contact us

These Terms and Conditions (the "Terms") govern the supply of hosting and related IT services by Bermuda Solution OÜ, a private limited company incorporated in Estonia, with its registered office at Pärnu mnt 139e/2, 11317 Tallinn, Estonia ("Bermuda", "we", "us", "our").

You can contact us at:

• Email: contact@bermuda-solutions.net
• Telegram: @bermudasolution
• Post: Pärnu mnt 139e/2, 11317 Tallinn, Estonia

In these Terms, "you" and "your" mean the natural or legal person who orders or uses the Services, "Customer" has the same meaning, and the "Website" means https://bermuda-solutions.net and any related domain operated by us.

02Acceptance of these Terms

By placing an order, opening an account or using the Services, you confirm that:

• you have read and accepted these Terms, the Acceptable Use Policy ("AUP") and the Privacy Policy, all of which form a binding agreement between you and Bermuda (the "Agreement");
• if you are entering into the Agreement on behalf of a company or other legal entity, you have full authority to bind that entity, and the entity is the Customer;
• you are at least 18 years old and have the legal capacity to enter into a contract;
• the information you provide is accurate, complete and up to date.

03The Services

3.1What we provide

We provide IT infrastructure and hosting services, currently including virtual private servers (VPS / VDS), dedicated servers, cloud hosting, storage, and managed support. The exact technical specifications, allocated resources, software, location and price of each service are set out on the relevant order page or in the order confirmation.

3.2What we do not provide

Unless expressly stated in writing, we do not provide:

• backups of customer data (other than any backup product you have ordered);
• domain registration;
• application-level support, software development, configuration of customer applications, or content moderation of customer-hosted material;
• legal, regulatory or compliance advice in respect of your business.

You are responsible for your own data, software, configuration, and compliance with the laws applicable to your activities.

3.3Service levels

Where we publish a service-level commitment (for example, "99.9% network uptime"), this commitment is set out in the relevant service description and applies subject to scheduled maintenance, force majeure, and any failure caused by you or by your software. Service-level remedies are limited to those expressly described and are your sole remedy for the relevant unavailability.

04Orders and account

4.1Placing an order

You order Services through the Website, by email, or via another channel we make available. Your order is an offer to enter into a contract on these Terms. The contract is formed when we send you an order confirmation, or, if earlier, when we make the Service available to you.

We may refuse any order at our discretion, including for reasons of risk, sanctions screening, prior abuse history, or insufficient information. Where we refuse an order after payment, we will refund the amount paid.

4.2Account

You must keep your account credentials, API keys and SSH keys confidential. You are responsible for all activity that occurs under your account, including activity by your employees, agents, contractors or end users, and including activity by anyone who has obtained your credentials, until you notify us that they have been compromised.

You must keep your contact details (in particular the billing email address) up to date so that we can send you operational, security and billing notices.

4.3Customer eligibility and verification

We may carry out reasonable identity, sanctions and risk checks before activating Services or at any time afterwards. You agree to provide the documents and information we reasonably request. We may suspend or terminate the Services if such checks cannot be completed satisfactorily or if you fall under EU, UN, US or UK sanctions.

05Prices, billing and payment

5.1Prices

Prices are shown on the Website and on the order confirmation. Prices are listed in euros (EUR). VAT and other taxes are added where applicable; for B2B customers in the EU outside Estonia, the reverse-charge mechanism may apply where you provide a valid VAT identification number.

5.2Billing cycle

Services are billed in advance on a recurring basis (typically monthly), starting on the activation date and renewing on the same day each subsequent period unless cancelled.

5.3Payment

You must pay each invoice by the due date stated on it, using one of the payment methods we accept. If a payment is not received by the due date, we may:

• charge late-payment interest at the statutory rate applicable in Estonia;
• charge reasonable recovery costs;
• suspend the Services after sending you a reminder; and
• terminate the Agreement if the payment is more than 14 days overdue.

Reactivation after suspension may be subject to a reasonable reactivation fee.

5.4Price changes

We may change recurring prices for future billing periods by giving you at least 30 days' written notice (by email). If you do not accept the new price, you may terminate the affected service with effect from the start of the new pricing period.

5.5Refunds and credits

Except where these Terms or applicable law expressly require a refund, all fees are non-refundable. In particular, no refund is due for:

• partial billing periods after termination by us for breach;
• service suspensions due to your breach of the AUP;
• short, intermittent unavailability that does not exceed any published service-level commitment.

06Right of withdrawal (EU consumers)

If you are a consumer resident in the European Union, you have a statutory right to withdraw from the Agreement within 14 days of its formation, without giving any reason, in accordance with the EU Consumer Rights Directive and the Estonian Law of Obligations Act.

To exercise your right of withdrawal, send a clear statement to contact@bermuda-solutions.net within the 14-day period. We will refund you using the same payment method, without undue delay and in any event within 14 days of receiving your statement.

This Section 6 does not apply to customers acting in the course of a trade, business, craft or profession.

07Customer obligations

You agree to:

• comply with these Terms, the AUP, and all applicable laws (including in Estonia, the EU, and the country of your end users);
• not use the Services in a way that harms Bermuda, our other customers, our infrastructure or any third party;
• be solely responsible for your data, content, software, configurations, end users and any third-party services you choose to integrate;
• maintain backups of your data; we do not guarantee recovery of customer data unless you have ordered a backup product;
• pay all fees on time;
• promptly notify us of any actual or suspected security incident, data breach or unauthorised access affecting the Services;
• cooperate in good faith with abuse handling, security investigations and lawful requests from authorities, as further described in the AUP.

08Suspension

We may suspend the whole or any part of the Services, with or without prior notice depending on circumstances, where:

• you breach these Terms, the AUP, or applicable law;
• your conduct creates a risk of harm to our infrastructure, our other customers, or third parties (for example, an active malware infection or DDoS source);
• a competent authority requires us to do so;
• you are more than 7 days late in paying an invoice and have not responded to a reminder;
• emergency or scheduled maintenance is required.

Where reasonably possible, we will give you advance notice and an opportunity to remediate. Suspension does not relieve you of your obligation to pay fees that fall due during the suspension where the suspension is caused by your breach.

09Term and termination

9.1Term

The Agreement starts on activation and continues for the billing period(s) you have ordered, automatically renewing for further periods of the same length unless terminated.

9.2Termination by you

You may terminate any service with effect from the end of the current billing period by giving notice through the customer area, by email to contact@bermuda-solutions.net, or by another channel we make available, at least one calendar day before the renewal date.

9.3Termination by us

We may terminate the Agreement, in whole or in part, with immediate effect by written notice if:

• you commit a material breach that you do not cure within 14 days of being notified (or which by its nature cannot be cured);
• you commit a serious or repeated breach of the AUP;
• you become insolvent, enter into liquidation or are subject to comparable proceedings;
• continued provision would expose us to legal, regulatory or sanctions risk;
• a competent authority requires it.

We may also terminate without cause for convenience by giving you at least 30 days' written notice.

9.4Effect of termination

Upon termination:

• your right to use the Services ends immediately;
• we may delete your data, configurations and backups after a reasonable retention period (typically 14 days), unless required by law to retain them longer or to delete them sooner;
• you remain liable for all fees accrued up to the date of termination;
• any clauses which by their nature survive termination (including clauses on liability, governing law, confidentiality, and indemnity) remain in force.

It is your responsibility to retrieve your data before termination takes effect.

10Customer data and privacy

We process personal data in accordance with our Privacy Policy and the EU General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR").

Where we process personal data on your behalf as a data processor — for example, personal data contained in workloads you operate on the Services — the relevant data-processing terms apply (which we will sign with you on request, as required by Article 28 GDPR). You are the controller of such data and you are responsible for ensuring you have a lawful basis to process it.

11Intellectual property

We (and our licensors) own all intellectual property rights in the Services, the Website, our software, our infrastructure, our trademarks and all related materials. Nothing in these Terms transfers any of those rights to you. You receive only a limited, non-exclusive, non-transferable right to use the Services for the duration of the Agreement.

You retain all rights in your own content and data. You grant us a limited licence to host, transmit, copy, store and process your content and data only to the extent necessary to provide the Services.

12Confidentiality

Each party will treat the other party's non-public information disclosed in connection with the Agreement as confidential, use it only for the purposes of the Agreement, and protect it with at least the same care as its own confidential information (and in any event no less than reasonable care). This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law.

13Warranties and disclaimers

We will provide the Services with reasonable skill and care. To the maximum extent permitted by law, we disclaim all other warranties, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Services will be uninterrupted or error-free.

We do not warrant that:

• the Services will meet your specific requirements;
• the Services will operate without interruption or be error-free;
• defects will be corrected within a specific timeframe;
• third-party software (operating systems, control panels, etc.) provided as part of, or installed on, the Services will be free of vulnerabilities.

14Limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited under Estonian or EU law.

Subject to the previous paragraph, and to the maximum extent permitted by law:

• neither party is liable for any indirect, incidental, special, consequential or punitive damages, including loss of profit, loss of revenue, loss of goodwill, loss of business opportunity, loss or corruption of data, or cost of substitute services, even if it has been advised of the possibility of such damages;
• our total aggregate liability arising out of or in connection with the Agreement, however arising (whether in contract, tort including negligence, breach of statutory duty or otherwise), is limited to the amount actually paid by you to us for the affected Service in the 6 months immediately before the event giving rise to the claim;
• we are not liable for any unavailability, loss, damage or other harm caused by: your acts or omissions; third-party software or services; abuse of your account by anyone using your credentials; force majeure events under Section 17; or your failure to maintain your own backups.

15Indemnity

You will indemnify and hold harmless Bermuda, our affiliates, directors, employees and contractors against any claims, losses, damages, fines, costs and expenses (including reasonable legal fees) arising from:

• your breach of the Agreement (including the AUP);
• your content, data or workloads hosted on the Services;
• your end users' use of the Services;
• your infringement of any third-party right (including intellectual property and privacy rights).

We will notify you promptly of any such claim, allow you to control the defence (in cooperation with us), and reasonably cooperate at your expense.

16Changes to the Terms

We may amend these Terms from time to time, in particular to reflect changes in law, in our services or in our operations. The most recent version is always available on the Website. We will notify material changes by email to the account contact at least 30 days before they take effect, except where a shorter period is required by law. If you do not accept material changes, you may terminate the affected Services with effect from the date the changes take effect; continued use after that date constitutes acceptance.

17Force majeure

Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including natural disasters, war, civil unrest, terrorism, cyberattacks of unprecedented scale, government action, sanctions, large-scale failure of internet exchange points, third-party network or power failures, pandemic-related restrictions, or labour disputes affecting third parties. Payment obligations are not affected. If the event continues for more than 30 days, either party may terminate the affected Service by written notice without liability.

18Assignment

You may not assign or transfer the Agreement, in whole or in part, without our prior written consent. We may assign the Agreement to an affiliate or in connection with a corporate reorganisation, merger, acquisition or sale of business, provided that the assignee assumes our obligations.

19Notices

Notices under the Agreement must be sent in writing in English, Estonian or Russian. Notices to us must be sent to contact@bermuda-solutions.net or to our registered office. Notices to you will be sent to the email address registered on your account, and are deemed received on the day they are sent (or the next business day if sent outside business hours in Tallinn).

20Severability and entire agreement

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be replaced by a valid provision that most closely reflects the original intent.

The Agreement (these Terms together with the AUP, the Privacy Policy, the order confirmation and any service-specific documentation) constitutes the entire agreement between you and us in respect of its subject matter and supersedes all prior agreements.

21Governing law and dispute resolution

The Agreement is governed by the laws of the Republic of Estonia, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute arising out of or in connection with the Agreement that the parties cannot resolve amicably will be submitted to the exclusive jurisdiction of the Harju County Court (Harju Maakohus), Estonia.

If you are a consumer resident in the European Union, this clause does not deprive you of the protection of mandatory consumer-protection rules of the country in which you reside, and you may also bring proceedings before the courts of that country. EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

22Languages

These Terms are issued in English. Translations into Estonian and Russian may be provided for convenience. In the event of any discrepancy, the English version prevails, except where mandatory consumer-protection law requires otherwise.

Bermuda Solution OÜ
Pärnu mnt 139e/2, 11317 Tallinn, Estonia
contact@bermuda-solutions.net