LimaCloud Terms of Service

Article 1.General provisions and definitions

These Terms of Service (hereinafter: the Terms) govern the rights, obligations and relations between the Provider and the User in connection with the provision and use of the LimaCloud premium business hosting service (hereinafter: the Service).

Certain terms have the following meaning:

• LimaCloud - a premium hosting platform that the Provider operates on its own infrastructure (leased and/or colocated servers), with the LimaPanel control panel as an internal management tool;
• LimaPanel - a control panel owned by the Provider, used to manage the hosting environment;
• Offer - a document by which the Provider defines the resource configuration, price, period and specific conditions for a particular User;
• SLA - the guaranteed service level defined in Article 8 of these Terms or in an individual offer;
• RapidBackup and RapidProtect - the Provider's proprietary technologies for backups and for protection against resource-based and distributed (DDoS) attacks, respectively.

The Service is intended exclusively for legal entities. When contracting, the User must provide an accurate company tax ID (PIB) and company registration number.

The Provider's operations are governed primarily by the Electronic Commerce Act, the Obligations Act, the Copyright and Related Rights Act and the Personal Data Protection Act of the Republic of Serbia.

Article 2.Formation of contract and offer

LimaCloud is contracted in two ways: (a) by selecting a predefined plan (npr. Nano, Biznis, Profesional, Skala - prema važećem cenovniku) per the applicable price list, ordering electronically (via the website, e-mail or another agreed channel) with an automatic proforma invoice sent to the User's e-mail address; or (b) per individual offer (Enterprise and custom configurations), where the User submits an inquiry and the Provider prepares an offer with a resource specification, price, period and special conditions.

The contractual relationship is formed by acceptance of the offer or order and/or by conclusion of a separate agreement, or by the recording of payment against the proforma invoice. By accepting the offer or order, the User confirms that they have read, understood and accepted these Terms.

Article 3.Description of the LimaCloud service

LimaCloud includes, to the extent defined in the offer:

• Hosting infrastructure - reserved, isolated resources (CPU, RAM, NVMe/SSD storage) managed through the LimaPanel control panel;
• SSL certificates for secure (HTTPS) connections;
• RapidBackup - the Provider's proprietary backup system with retention defined in the offer (Article 13);
• RapidProtect - protection against resource-based attacks and distributed denial-of-service (DDoS) attacks;
• Proactive 24/7 monitoring - continuous monitoring of server status, key services and performance, with intervention upon automatic alert; support channels and availability are defined in section 8.4;
• Mail functionality with a bi-directional spam filter (inbound and outbound), per the scope of the offer;
• Migration from an existing provider (cPanel, Plesk, DirectAdmin) with no downtime, included in the service.

The exact scope, resource specification, backup retention and support level are defined by the accepted offer.

Article 4.Configuration and resources

LimaCloud is delivered as a custom configuration tailored to the User's needs - processor cores (CPU), memory (RAM), storage and bandwidth are defined by the offer.

The resources stated in the offer are reserved and isolated for the User. The User undertakes to use the Service within the allocated resources. If greater resources are needed, the configuration may be expanded with a corresponding amendment to the offer and price.

A change of configuration (resource upgrade) is possible during the term of the Service by written agreement; the price difference is calculated pro rata for the remaining period.

Article 5.Performance guarantee

For Users migrating to LimaCloud from existing hosting, the Provider offers a faster-performance guarantee under the following conditions:

• before migration, the Provider performs a benchmark of key performance metrics (response time, throughput) of the User's existing hosting environment;
• after migration, the same measurement is performed on the LimaCloud environment;
• if performance on the LimaCloud environment is not objectively better than the baseline, the User is entitled to a refund of the fee paid for the current billing period of the hosting service and to a return migration to the previous hosting at the Provider's expense.

Measurements are performed by the Provider using the same tool, from the same measuring points, as an average of at least three measurements, and the benchmark report (before and after) is delivered to the User. "Objectively better" means that the key metrics from the report, taken as a whole, are better than the baseline. Unless otherwise specified in the offer, the User may invoke the performance guarantee within 30 (thirty) days of completion of the migration, in writing. The scope, deadline and exact manner of applying the performance guarantee may be further defined by the offer or a separate agreement.

Article 6.Prices and payment

The price of the Service is defined by the offer. All prices are final prices excluding VAT, given that the Provider is not in the VAT system.

The Provider is subject to electronic invoicing and issues invoices via the System of Electronic Invoices (SEF) of the Republic of Serbia. Payment is made in the dinar equivalent at the selling exchange rate of the National Bank of Serbia on the invoice issue date (where the price is stated in EUR). The payment term is the due date stated on the proforma invoice or invoice; if no due date is stated, the payment term is 5 (five) business days from the issue date. For initial orders the due date may be shorter (as a rule 2 business days), as an anti-fraud measure.

The Provider may amend the price list for future subscription periods, of which the User will be notified no later than 8 (eight) days before the new prices take effect; the new prices apply from the first following subscription period. Prices for the already paid period do not change.

Any third-party costs not included in the fee (premium licenses above the standard set, domain costs, specific external integrations, etc.) are borne separately by the User, subject to prior written approval.

The Service enters provisioning as soon as the User confirms the completed payment (by clicking the "I have paid" button accompanying the proforma invoice) - the Provider does not wait for the bank statement. Initial provisioning (instance setup and delivery of access credentials) is as a rule completed within 24 (twenty-four) hours of the confirmation; where migration from an existing provider is required, this period may be longer, proportionate to the scope and complexity of the migration, of which the User will be informed in a timely manner. If the payment is not recorded on the bank statement within the due date stated on the proforma invoice, the Provider reserves the right - after a reminder to the User - to temporarily suspend the Service until the payment is recorded (Article 7). For subsequent subscription periods, a proforma invoice is issued before the current period expires, the Service is extended once payment is recorded, and the final invoice is issued once payment is recorded. If the offer or agreement provides for automatic renewal, the renewal conditions from that document apply.

Article 7.Late payment

In the event of late settlement of obligations, the following rules apply:

• a delay longer than 15 (fifteen) calendar days from the due date - the Provider reserves the right to temporarily suspend the Service, subject to prior written notice;
• a delay longer than 30 (thirty) calendar days from the due date - the Provider reserves the right to permanently delete the User's data and to unilaterally terminate, subject to prior written notice.

Before applying measures, the Provider will notify the User in writing and allow a reasonable period to settle obligations. Suspension does not release the User from the obligation to pay amounts due.

Article 8.SLA - service level

The Provider shall use best efforts to ensure availability of the hosting infrastructure of at least 99.9% per calendar month (target service level), or a higher level if so defined by the offer. Uptime is calculated as the percentage of time in a calendar month during which the Service was available, excluding the exceptions in section 8.3.

The Provider performs proactive monitoring and seeks to resolve incidents before they affect the Service or before the User notices them. Measured from the moment of detection (by automatic monitoring or User report), the following target times apply: critical incidents (complete outage) - response within 30 minutes and commencement of remediation within 1 hour; medium incidents (reduced functionality) - response within 1 hour and commencement of remediation within 2 hours; low priority - response within 2 hours and commencement of remediation within 3 hours. The time needed to fully resolve an incident depends on its nature (e.g. hardware replacement or restore from backup may take longer). The offer may define customized deadlines.

The SLA guarantees do not apply in cases outside the Provider's control:

• problems with equipment, network or internet connection on the User's side;
• force majeure and circumstances under Article 14;
• planned maintenance announced at least 48 hours in advance (as a rule during night hours);
• failures or limitations in the operation of third parties (network providers, payment gateway, external services and API integrations);
• consequences of independent changes or interventions by the User or third parties on the website, environment or configuration;
• suspension due to breach of these Terms or non-payment.

The User reports incidents and requests via e-mail at support@limark.rs (primary channel) and by phone at +381 11 441 4580. Proactive monitoring runs continuously (24/7); phone support is available on business days during working hours, and e-mail reports are processed in accordance with the SLA deadlines and priority.

The stated SLA parameters constitute target service levels. If availability under section 8.1 is not achieved in a given calendar month, the User is entitled - upon written request within 30 days - to a proportional credit against the monthly fee for the affected month, up to a maximum of 100% of that monthly fee, as the sole and exclusive remedy. Any other remedy is limited by the provisions of Article 14 (Limitation of liability). A failure to meet the SLA parameters does not in itself create a right of the User to damages beyond that limitation, nor a right to terminate beyond the conditions defined by these Terms or the offer.

Article 9.User obligations

The User undertakes to:

• settle financial obligations regularly and on time;
• provide accurate and complete legal-entity data and update it in case of change;
• not make independent changes to the server configuration or critical components without prior consultation with the Provider;
• safeguard access credentials and not share them with unauthorized persons; the User is liable for actions performed using their access credentials;
• use the Service in accordance with the applicable regulations of the Republic of Serbia and not use the servers for unlawful purposes;
• independently provide and maintain a privacy policy, a data-processing notice, a cookie policy and other legally required documents on its website.

Article 10.Acceptable use

Use of the Service contrary to its purpose and these Terms is considered abuse. The User is in particular prohibited from using the Service to:

• send unsolicited bulk mail (spam) or unsolicited commercial messages;
• host or distribute malware, viruses or malicious code;
• conduct phishing, fraud, impersonation or unauthorized data collection;
• host content that is unlawful, that promotes violence, hatred or discrimination, or that exploits minors;
• infringe copyright, intellectual property rights or other rights of third parties;
• gain unauthorized access to others' systems, scan for vulnerabilities or circumvent security measures;
• carry out activities that create a disproportionate load on the infrastructure or endanger the stability and security of other users or the Provider's servers.

In the event of a breach, the Provider reserves the right, proportionate to the severity, to temporarily suspend or permanently terminate the Service. For serious breaches that endanger security or other users, suspension may be immediate, with subsequent notice to the User.

Article 11.Personal data protection

The User is the controller of the personal data of the end customers and users of its website, within the meaning of the Personal Data Protection Act of the Republic of Serbia (ZZPL).

The Provider, to the extent it has access to personal data during hosting, maintenance and support, acts as a processor on behalf of the User and processes such data solely on the User's documented instructions and for the purpose of providing the Service.

The Provider applies reasonable technical and organizational protection measures (access control, traffic encryption, backups, security monitoring, restriction of access to authorized persons).

If the Provider becomes aware of a personal data breach, it will, without delay and no later than 72 (seventy-two) hours from becoming aware, notify the User in writing and provide the available information necessary to fulfill obligations toward the Commissioner.

The User gives general consent for the engagement of sub-processors (data center and network providers). Upon written request, the parties may conclude a separate Data Processing Agreement (DPA).

If the User processes the personal data of individuals from the territory of the European Union, the General Data Protection Regulation (GDPR), with which the ZZPL is harmonized, also applies to such processing. In that case the User, as controller, is responsible for fulfilling the additional obligations prescribed by the GDPR, and the Provider as processor acts in accordance with the User's instructions and the provisions of this Article.

Article 12.Intellectual property

The User retains all rights to its content published within the Service (texts, photographs, databases, branding materials).

The Provider retains all copyright and intellectual property rights over the LimaCloud platform, the LimaPanel control panel, as well as over the RapidBackup and RapidProtect technologies, general components, libraries, tools, scripts and development solutions. Use of the Service does not transfer to the User any rights over the said intellectual property.

The Provider reserves the right to use the User's project (company name, website link, general technical details of the solution) as a reference in its portfolio and promotional materials, unless otherwise defined by the offer or agreement.

Article 13.Backups and data

The Provider performs automatic backups (RapidBackup) according to the retention defined by the offer. The backup as a rule includes website files, databases, mail accounts and configuration, and is stored at a location separate from the production environment.

The Provider restores data from backup upon the User's written request, in accordance with the SLA deadlines.

Backups constitute an additional protective measure provided on a best-effort basis, not a guarantee. The Provider does not guarantee the completeness, accuracy, availability or successful restoration of backups in every case.

Article 14.Limitation of liability, indemnity and force majeure

The Provider is not liable for damage caused by factors outside its control, including interruptions to the internet connection on the User's side, failures of the User's or third parties' equipment, power outages and similar circumstances.

The Provider is not liable for damage, alteration or deletion of data resulting from independent changes made by the User or third parties to the website or configuration, careless safeguarding of access credentials, or unauthorized access.

The Provider is not liable for failures or unavailability of third-party services (bank, payment gateway, courier services, Google services, external services).

The Service is provided "as is" and on an as-available basis, with the guarantees expressly stated in these Terms and in the SLA (Article 8). The Provider gives no other express or implied warranties beyond those expressly agreed, including warranties of fitness for a particular purpose of the User or of uninterrupted, error-free operation.

To the maximum extent permitted by mandatory regulations, the Provider is not liable for indirect, consequential, incidental or non-material damage, nor for lost profit, loss of revenue, loss or damage of data, loss of business, reputation or clientele, nor for the costs of procuring a replacement service, regardless of the legal basis and regardless of whether the Provider was advised of the possibility of such damage.

The contracting parties are released from liability for non-performance of obligations due to force majeure (natural disasters, fires, floods, states of war, terrorism, pandemics, measures of state authorities, prolonged interruptions of infrastructure or critical third-party services). The party affected by force majeure must notify the other party without delay; for the duration of the force majeure, deadlines are extended.

The Provider's total liability for any kind of damage in connection with the Service may not exceed the sum of fees paid in the last 12 (twelve) months before the basis for liability arose.

Indemnity. The User undertakes to indemnify and hold harmless the Provider and the persons working for it from all claims, proceedings, damages, penalties and costs (including reasonable legal-defense costs) raised by third parties or competent authorities, arising from the User's content or data, the manner in which the User uses the Service, or breach of these Terms or regulations by the User or its end users.

The limitations and exclusions of liability under this Article do not apply to damage caused by intent or gross negligence of the Provider, nor to liability which, under mandatory regulations, cannot be excluded or limited.

The User must raise any claim for damages in writing within 6 (six) months of becoming aware of the damage and its basis, and no later than one year from the damaging event.

Article 15.Term, termination and migration

The term of the Service is defined by the offer or a separate agreement. The conditions of early termination (including any fees for reserved resources) are governed by that offer or agreement. For packages contracted via the website without a separate offer or agreement, the Service is contracted for the selected subscription period (monthly, quarterly or annual) and is extended by payment for the following period.

The User may cancel the Service at any time by written notice (e-mail). The Service remains active until the end of the current paid subscription period; amounts already paid for the current period are non-refundable, except in the case referred to in Article 5 (performance guarantee) or where otherwise agreed.

The Provider may unilaterally terminate the contractual relationship in the event of late payment (Article 7), repeated or serious breach of these Terms, or use of the Service in a manner contrary to regulations.

After expiry or termination, the User has the right to export its data within 30 (thirty) calendar days, provided that financial obligations have been settled. During that period, upon written request, the Provider provides an export of the database, website files, mail accounts and the configuration of DNS zones managed through LimaPanel, as well as reasonable technical support during migration to another provider.

After the said period expires, the Provider reserves the right to permanently delete all of the User's data and is not liable for data the User did not retrieve.

Article 16.Amendments to the Terms

The Provider has the right to amend or supplement these Terms. Amendments are published on the website with notice to Users by e-mail at least 8 (eight) days before they take effect. Continued use of the Service after the amendments enter into force is deemed consent. If the User does not agree to the amended Terms, it may cancel the Service before they enter into force, in accordance with Article 15. The provisions of a separately signed agreement remain in force regardless of amendments to the general Terms, unless the parties agree otherwise by a written annex.

Article 17.Governing law and dispute resolution

These Terms and the relations between the Provider and the User are governed by the applicable regulations of the Republic of Serbia.

The contracting parties will attempt to resolve disputes amicably. If that is not possible, the Commercial Court in Belgrade has jurisdiction to resolve the dispute.

Article 18.Outbound mail and reputation

If the Service includes mail functionality, given that outbound mail traffic directly affects the reputation of the mail infrastructure and the deliverability of mail for all users, the User undertakes to use outbound mail exclusively for legitimate business communication.

The Provider continuously monitors the reputation of the outbound infrastructure and blacklist status. In the event of detecting unusual or abusive sending (a sudden spike in volume, sending from a compromised account, spam patterns), the Provider reserves the right to temporarily limit or suspend the User's outbound mail in order to protect reputation, with notice to the User.

The User must act without delay on the Provider's instructions in the event of a compromised account or another incident related to outbound mail.

Article 19.Notices and communication

All notices, consents and requests under these Terms are given in writing and are deemed validly delivered if sent by e-mail: to the User at the address stated in the order or offer (or the last address the User provided), and to the Provider at office@limark.rs or support@limark.rs.

A notice is deemed received no later than the next business day from the day of sending, unless the sender receives a non-delivery message. The User must maintain a valid and active e-mail address and report any change to the Provider without delay; the Provider is not liable for the consequences of the User's failure to maintain correct contact details.

Article 20.Final provisions

These Terms constitute a general framework for the LimaCloud service. In the event of a separately signed agreement between the parties, the provisions of that agreement prevail to the extent they differ from these Terms.

If any provision of these Terms is declared invalid, this does not affect the validity of the remaining provisions. These Terms apply from the date stated at the beginning of the document.