This translation is provided for informational purposes only. The legally binding version of these terms is the Estonian-language original, and Estonian law applies. In the event of any discrepancy, the Estonian version prevails.
1. General Provisions and Definitions
1.1. Service Provider: Virtuaal.com OÜ (hereinafter “Service Provider”).
1.2. Customer: A natural or legal person who has concluded an Agreement with the Service Provider for the use of Services.
1.3. Service: All Services provided by the Service Provider (incl. web hosting, virtual servers, domains, e-mail, etc.).
1.4. Agreement: These General Terms together with Service-specific annexes, the Price List, and Privacy Terms constitute a binding Agreement between the Customer and the Service Provider.
1.5. In providing Services, the Service Provider acts in accordance with the laws of the Republic of Estonia, European Union regulations (incl. the Digital Services Act – DSA), and good practices.
2. Conclusion of the Agreement
2.1. The Agreement is considered concluded from the moment the Customer has placed an order and the Service Provider has accepted it (sent a confirmation or activated the Service).
2.2. The Service Provider reserves the right to refuse to conclude an Agreement if the person has previously violated these General Terms, has arrears, or has caused damage to the Service Provider’s infrastructure.
3. Right of Withdrawal and Money-Back Guarantee
3.1. Consumer’s right of withdrawal: A Customer who is a consumer (natural person) has the right to withdraw from the Agreement within 14 days from the conclusion of the Agreement by submitting a request to support@virtuaal.com.
3.2. Exceptions: The right of withdrawal does not apply to Services that are irreversible by nature or immediately performed, including:
3.2.1. Registration, renewal, and transfer of domain names (the Service is considered provided at the moment the registry entry is made).
3.2.2. SSL certificates after issuance.
3.3. 30-day money-back guarantee:
3.3.1. In addition to the statutory right, the Service Provider offers new Customers a 30-day money-back guarantee for the following Services: Virtual server (web hosting).
3.3.2. The guarantee does not extend to domain fees, licenses, or additional Services. The guarantee applies only upon the first-time order of the Service.
4. Rights and Obligations of the Service Provider
4.1. The Service Provider ensures the functioning of the Services and makes every reasonable effort to guarantee high availability of the Services.
4.2. Illegal content and point of contact (DSA & TCO):
4.2.1. The point of contact for reporting illegal (incl. terrorist) content and for receiving orders from authorities is abuse@virtuaal.com. The communication languages are Estonian and English.
4.2.2. The Service Provider has the right to remove illegal content or restrict access immediately. In the case of orders to remove terrorist content, the Service Provider ensures processing within 1 hour.
4.2.3. Complaints about content removal: If the Customer finds that the content has been removed without justification, they have the right to submit a reasoned objection to abuse@virtuaal.com. The Service Provider shall review the objection and decide whether to restore the content.
4.3. The Service Provider has the right to suspend the Service immediately if the Customer’s activities threaten the Service Provider’s infrastructure (e.g., DDoS attacks, mass spam, server overload).
5. Obligations and Liability of the Customer
5.1. Account security: The Customer is fully responsible for the security of their user IDs and passwords (incl. cPanel, VirtFusion, self-service, FTP, SSH, e-mail).
5.1.1. The Customer is responsible for all actions taken on their account, regardless of whether they were taken by the Customer themselves or a third party (e.g., developer, web agency) to whom the Customer has provided their credentials.
5.1.2. If the Customer grants access to third parties, it is the Customer’s obligation to revoke such access later or change passwords. The Service Provider is not liable for damages resulting from the activities of third parties, whether authorized or unauthorized by the Customer.
5.2. Contact details: The Customer is obligated to keep their contact details up to date in the self-service portal.
6. Liability and its Limitations
6.1. The Service Provider is liable only for direct material damage caused to the Customer due to the Service Provider’s intent or gross negligence.
6.2. Financial limit: The total liability of the Service Provider for any claims is limited to an amount equal to the last three (3) months’ Service fee paid by the Customer for the respective Service.
6.3. The Service Provider is not liable for loss of profit, business interruption, loss of data, or reputational damage.
7. Billing and Late Payment Penalties
7.1. Payment for Services is made in advance.
7.2. Late payment penalties: In the event of failure to pay an invoice on time, the Service Provider has the right to demand a late payment penalty of 0.05% of the unpaid amount for each day of delay.
7.3. If an invoice is unpaid for 14 days past the due date, the Service Provider has the right to suspend the provision of the Service. The Service reactivation fee is according to the Price List.
8. Termination of the Agreement and Deletion of Data
8.1. Self-service termination: The Customer has the right to terminate open-ended Service Agreements at any time through the self-service portal.
8.2. Data retention: After the termination of the Service Agreement (whether at the Customer’s request or due to arrears), data is stored on the server for up to 30 days.
8.2.1. After 30 days have passed, all data (web content, e-mails, backups) will be permanently deleted and cannot be recovered.
8.2.2. Data recovery after the termination of the Agreement (within 30 days) is a paid additional Service.
9. Dispute Resolution
9.1. Disputes are resolved through negotiations; if a settlement is not reached, in the Harju County Court.
9.2. A Customer who is a consumer has the right to contact the Consumer Disputes Committee (https://komisjon.ee) or use the European Union ODR platform (http://ec.europa.eu/consumers/odr/).