- Papaki, from now on referred as company or provider, is a products and services distribution over Internet website, created by the company “Papaki Ltd", located in Heraklion, S Street - Industrial Area, with VAT 999082935 and Heraklion Tax office. The following terms and conditions will apply to the use of the website of the company who is online at www.papaki.gr and services that the company provides. Using the website or the services provided by the company, users indicate full acceptance of the terms and conditions set, or will be set, by the company.
- If a user, or a representative of a user, does not agree with these terms and conditions, he must not make use of the website and services of the company. Users of the company's services or www.papaki.gr site visitors will be referred as "customers", whether they order services or products of the company, or not.
- The company, as a provider, is entitled to check every customer website and, at its sole discretion, to remove any content found unacceptable for any reason, without prior notice to the owner of the website. This includes among others the following: pornography, spamming, phishing, illegal business practices and any material prejudice to national or international copyrights.
- The website owner, as a customer of Papaki, is solely responsible for all obligations arising out of, or related to, the website. The customer agrees to indemnify and hold the provider, it’s partners and employees, harmless from any and all liabilities, losses, damages, costs and expenses, including legal fees and experts fees, associated with any claim or action against the provider, related to or arising from this website or breach of warranties by the owner under this Agreement. This obligation includes claims arising from acts or omissions of customers employees and users, and any other person who gets access to the Services as a result of customer’s failure to use reasonable security measures.
- Any software used on the website of the customer released under the General Public License (GPL), is governed by this.
Subject to compliance of the customer with all the terms and conditions of this Agreement, Papaki provides services and support during the force of this Agreement in accordance with the commitments made at service level.
Upon failure to fulfill its obligations, the provider, as defined in the "SLA Performance Guarantee" of this Agreement below, the sole and exclusive remedy of the customer and the only provider's obligation is the credit of the Service as specified in "SLA Performance Guarantee".
- The customer is solely responsible for the content of articles, data or share posted using the Service, or any other use of the Services by a user. The customer agrees to fully comply with all obligations and restrictions as defined in the Acceptable Use Policy.
- The customer is solely responsible for (1) the website, its content and activity, (2) the provision of legal, written authorization to use and display any content of the website from the legal owner of such rights, and (3) ensuring that the content of the blog / website does not violate the laws of the country where it appears.
- The customer agrees not to post, or permit to be posted on his website unacceptable material, or actions this includes, not limited to: (1) libelous or other punishable material, (2) criminal activities, including but not limited to theft of trade secrets, fraud, child pornography, trafficking in obscene material, violation of export provisions of Greece, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, illegal detachment of a password or code in order to circumvent security measures on copyright, (3) illegal material or activity including, but not limited to, unauthorized display of confidential, secret, or other proprietary material, or trademark, copyright or patent infringement.
- The customer understands and agrees that no part of services provided by the company, such as host space, e-mail or data transfer (bandwidth) can be used for backup storage. The customer is not allowed to upload, download or store in the space provided to him files that are not directly related to what is necessary for website running. The customer is not allowed to upload file with purpose audio, radio and video streaming or downloading by the general public, as well gallery sites that overusing resources.
- The customer agrees to comply with all terms and conditions of this Agreement, make all due payments and comply with any law applicable to his use of the Services. The customer is obliged to work with the provider to investigate service interruptions, safety issues or suspected breach of the terms and conditions of this Agreement.
- The customer should comply with the very strict policy on spam emails used by the company, which may invalidate the customer's account for sending misused/ unwanted bulk email (spam mail). An email is spam when sent to multiple recipients who have not requested to receive it. The customer agrees not to send any of the following types of e-mail: (a) Advertising or information, including without limitation commercial advertising, except to those who have explicitly requested such emails. (B) Annoying emails, whether it is through the language that has been written, the frequency sent or the size of messages. (C) Chain mails (d) Bulk advertising or informational emails.
Papaki reserves the right to decide whether an action of the customer is considered as "spam", "mail bombing", or "bulk e-mail". The customer that makes use of the Company's services for spamming will be billed an amount for administration fee and retrieval system. The amount is determined solely by the company.
To protect the IPs of servers by introducing them to spam lists, Papaki implement safety mechanism on the allowed number of email messages that users send per hour.
- The available server resources intended solely for use within the customers accounts of the company. The placing funds in any manner to sites of third parties in any form, including but not limited to pumping graphics or text from sites of third parties material found on company server, execute programs, banner exchange, etc.
WordPress Hosting Service
- Papaki do agree to provide customers, along with the installation of WordPress Hosting, with hosting and updates for WordPress blog/ website. The blog/ website installed on the servers of papaki. Papaki provides the software required for the hosting of the blog/ website and ensures all the software updates, so that the customer may review, update, enhance and modify the blog/ website as he wants.
- The only allowed to be introduced into service is the pre installed WordPress software and compatible with WordPress plugins and themes. This means that if the customer add any third party software on an account/ site that is not in the form of a plugin for WordPress, he violates this Agreement.
For example, allowed are plugins like buddypress, bbPress, XYZ WordPress, but no code plugins or applications developed by the customer in a WordPress non-compatible form of or standalone applications that are not associated with WordPress, such as: phpbb, Joomla, Drupal, etc.
- The provider reserves the right to check the code on performance and safety and allow or prohibit it, in its discretion.
- All software, programs, code , data or information developed or provided by Papaki, and any copyright, trademarks, patents, trade secrets or any other proprietary rights contained therein, remains the exclusive property of Papaki.
- All content created by the customer for the blog/ website, remains his exclusive property, including all intellectual property, trademarks, patents, trade secrets or other proprietary rights.
- The customer acknowledges and agrees that has no ownership rights to any of the servers or other material used to provide the Service. Similarly, does not acquire any ownership interest in the content or data stored on servers or transmitted via the Service.
- The customer acknowledges and agrees that may be used third parties, in software or hardware, for providing this service. Therefore, he agrees to comply with the terms and conditions of any end user license or other agreements relating to the use of this software or hardware.
- The customer acknowledges and agrees that any IP address assigned in connection with the Service are the property of Papaki and upon expiration or termination of this Agreement will release and stop using any IP address.
The provider agrees not to use or to disclose confidential information unless required. He will take the appropriate steps to keep confidential information safe from third parties. If, for any reason, the customer's account has been closed, he will not use nor disclose confidential information which either will be returned to the customer or destroyed.
Customers and trademarks
Using this service, the provider is royalty-free licensed to register a customer in client list or display a customers brand name/ trademark in his portfolio. This license expires with the end of "Subscription Period". This license does not extend to other forms of advertising or marketing conducted by or on behalf of the provider.
Suspension of services
The customer accepts and agrees that the provider can suspend the provision of the Services, in whole or in part, without bringing responsibility towards the customer or any claims that he represents, when: (i) the customer violates the Rules of Acceptable Use, (ii) the customer does not cowork with the provider in investigation of any suspected violations of this Agreement, (iii) the provider reasonably believe that third party have access, manage or use without the consent of the provider in the servers that host services, (iv) the provider considers that the suspension of service is necessary to protect the environment and its infrastructure, (v) if the customer's website is the cause of problems in providing hosting services to other customers on the same server, (vi) sent summons, court order or when required by law.
Payments are made as long as this Agreement remains into force. Papaki reserves the right to change the prices of the services without prior notice.
The payment of each service performed at the time of ordering or renewal, if it is for a paid service. If for any reason no payment is made, the service is not activated. If a service subscription is not renewed after the expiry date, the blog/ website and the hosting with the associated services get disabled. They remain available for 30 additional days in company database, so that they can be reactivated upon application and payment by the customer.
Duration, Termination and Cancellation
This agreement starts when an order of Managed WordPress Hosting plan has been completed and paid. It is valid for the period on the order and renewed by paying the renewal subscription of the WordPress Hosting service for as long as the renewal is. Ends with the non-renewal of the service, or, if the customer requests cancellation of the order, as described by the procedures of Papaki. Furthermore, the agreement will terminate immediately, if it occurs complaint of violation relating to the agreement.
With your order cancellation, as defined by the procedures of Papaki is refunded the total amount of the customer's order on the contribution of Managed WordPress Hosting service, if the cancellation takes place within 90 days by the activation of the plan, the customer has or previously had another WordPress Hosting service at Papaki and has been violated no terms of the present.
If the subscription fee included additional costs, such as: domain name registration, SSL, dedicated IP purchase, third party commissions or fees from banks or credit cards, installation costs, additional services, etc., the amount of the subscription is returned to the Customer after these expenses are deducted.
The provider may periodically disable the hosting service for any scheduled tests, for the maintenance, upgrade or repair of any part of the network. The provider will notify the customer by email or through the management interface on the period that the hospitality and service will not be available.
The customer accepts that there may be cases where it is not feasible for the provider to notify in advance for interruption of service, for example, in an emergency. The provider is also entitled to terminate the Service for its rehabilitation and repair of, without prior notice.
The provider is not liable for any loss, damage or moral damage resulting from the deactivation of services or upgrades.
SLA Performance Guarantees
Unless planned maintenance, or any maintenance request from the customer, or other limitations as described below, the Company guarantees that the blog/ website will be accessible (uptime) to the Internet users, at any time, on 99.9% or more within a calendar month, as measured by Papaki
The service downtime is defined as the loss of all plans by Papaki to backbone providers.
The downtime is measured after the notification by the customer of non-operating, online, via the ticketing system of the Company at https://support.papaki.gr. If it is impossible to access the ticketing system, then the call should be made by telephone to the Support Department of the Company. The managers of the company will determine the end of downtime. If the average plans loss exceeds 0.1%, Papaki will provide credit to customers in the form of subscription time of the service, as described below.
If the Webserver, the Database Server, the technological equipment or infrastructure of the Data Center where is hosted the blog/ website is available less than 99.9% in the period of a calendar month, the Company will credit the WordPress hosting plan of the customer with free time hosting as follows:
1 hour Downtime = 3 Days Hosting Credit
- The credit applies to 60 days from the day of request. The credit of this form is the exclusive compensations to downtime.
- The SLA Performance Guarantees, as defined herein, are solely for the paid plans of Managed WordPress Hosting.
- The fee for access to customers is the monthly charge for basic access paid by the customer for the plan, in the limit of data transfer allowed each month, without additional expense, excluding the setup fees for additional services on the server or other types of options, such as additional IP addresses, hourly support costs, etc.
- SLA Guarantee Restrictions
The customer will not receive any credit for any failure, malfunction or unavailability of his website caused or related to:
a) Circumstances beyond the reasonable control of Papaki including, without limitation, government activities, war, insurrection, sabotage, armed conflict, exclusion, fire, flood, strike or other labor disturbance, interruption or delay in transportation, interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limiting the software e-commerce, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or the energy needed to use the appropriate equipment for the provision of this SLA.
b) Planned or emergency maintenance and improvement on the technological equipment of the company.
c) Issues with DNS, FTP, POP, IMAP, or SMTP customer access.
d) False reports of non-functioning systems of Papaki.
e) Acts or omissions of the customer (or acts or omissions of other bound or authorised by the customer), including, without limitation, custom or coding (eg, CGI, Perl, HTML, ASP, etc. ..), any negligence, wilful misconduct, or use of services with violating the terms of Papaki and the provisions of the acceptable use policy.
f) Delivery or transmission of electronic mail or webmail
g) Downtimes elsewhere on the Internet that prevent the access to the Customer. Papaki is not responsible for browsers or DNS which can make it impossible to display the service to the customer. It is also not responsible for problems that arise due to the quality of internet access from the provider chosen by the customer. Papaki guaranties only those areas under its control, ie. the servers, routers of servers and their connection to the Internet.
The Customer agrees that any dispute arising from the use of this presentation, application will have the laws of the Greek state, and the court responsible to resolve these would be the Courts of Heraklion. The terms contained herein replace any other agreement or negotiation between the Customer and the Company, oral, written or otherwise, including any statements by any representative of the Company.
The Company reserves the right to modify and/ or change these terms and conditions at any time.
Disclaimer implied warranties
- The company will make full efforts to keep an acceptable service performance, as long as this Agreement is in effect, but provides absolutely no guarantees, expressed or implied, including warranties of merchantability or adequacy for a particular purpose.
- The company accepts no liability for any damage caused in the event of unavailability of the network or system, and does not guarantee that the hosting service, or integrity of data stored or transmitted via the Internet, will be uninterrupted or will not be a mistake, because of the special nature of the Internet and networks through which information is distributed.
- The company bears no responsibility for the inadvertent disclosure or corruption or deletion of data transmitted or received or classified in its systems. The customer is solely responsible for taking appropriate security measures to protect passwords, systems, data, and applications from unwanted intruders, whether over the Internet or by other means.
- The company, under any circumstances and for any reason, has no responsibility towards its customers or third parties, for any damage or profits loss, or data, arising from the use or inability to use, availability or non-availability of the services the company offers.
- In any case the Company will not be liable to Customer or any end user or any third party for any special, consequential or other damages, however caused, whether for breach of this Agreement, caused by negligence or other cases, even if the company has been warned for the possibility of such damages.
The customer acknowledges and agrees that in no circumstances should Papaki assumes no liability or responsibility to the customer, for Service suspension to the extent permitted in the basis of this Agreement.
- The Company does not bear responsibility or liability for any loss, damage or moral damage resulting from failure to provide services and Technical Support, and the Customer bound by its acceptance of this that would not raise any kind of claims beyond those provided by the company’s SLA.
- The Company gets backups of files and databases of Customers every night for the last seven days and every week for the last 30. Backups are stored encrypted, for maximum security, in Amazon servers, with the client having the unique key from decryption . The Company assumes no responsibility in case the backup is not updated or can not be used.
- The Company shall not be liable to customers/ users for any damages resulting from the execution or non-execution of their order. Also reserved respect to delivery time of goods/ services in cases of force majeure.