Regulations for Colocation Services
Regulations for Colocation Services
Regulations for the Provision of Colocation Telecommunication Services
by eTOP Sp. z o.o., headquartered in Warsaw, Al. Jerozolimskie 200
Dated: February 20, 2021
(Detailed regulations in relation to the General Regulations for the Provision of Services by eTOP Sp. z o.o.)
Article 1 - Definitions
1.1 UOŚDE Act – The Act on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204).
1.2 Colocation – A service involving the lease of physical space for telecommunication, radio, or computer devices belonging to the Subscriber in the Operator's premises, which are adapted electrically, environmentally, and network-wise for such services.
1.3 External Colocation – A service involving the lease of physical space for radio, computer, or telecommunication devices belonging to the Subscriber, along with cabling, in locations other than those described in point 1.2.
1.4 Dedicated Server Lease – The provision of computer hardware specified in the Agreement for the exclusive use of the Subscriber, along with its colocation.
1.5 Virtual Server Lease – The provision of a virtual computer machine based on physical resources shared with other subscribers and colocated by the Operator.
1.6 Cable Lease – The lease for the exclusive use of the Subscriber of a transmission medium specified in the Agreement, including copper and fiber optic technologies, or the provision of space (a channel) for the installation of the Subscriber's cables.
1.7 Network Services – Internet access services or transmission between two or more geographical points with parameters described in the Agreement.
1.8 Electrical Power Supply – The provision of power connections for services covered by these Regulations.
1.9 Subscriber Devices – Devices over which the Subscriber has legal ownership and control, provided to the Operator for the purpose of the colocation services offered by eTOP Sp. z o.o.
1.10 For all other terms, the definitions specified in the "Regulations for the Provision of Services dated December 21, 2020" (or its later version) shall apply.
Article 2 - General Provisions
2.1 These Regulations constitute a specific regulation in relation to the "Regulations for the Provision of Services dated December 21, 2020."
2.2 The provisions of these Regulations take precedence over the "Regulations for the Provision of Services dated December 21, 2020" where they conflict.
2.3 The provisions of the Agreement constitute a special provision and take precedence over these Regulations.
2.4 Based on these Regulations, the Operator provides services described in Article 12 of the UOŚDE Act, unless the Agreement extends the scope of services to elements not described therein.
2.5 These Regulations form an integral part of the Agreement, which the Subscriber accepts upon entering into the Agreement.
Article 3 - Scope of Services Provided by the Operator to the Subscriber Under These Regulations
3.1 These Regulations apply to:
3.1.1 Colocation services provided by the Operator.
3.1.2 External Colocation services provided by the Operator.
3.1.3 Dedicated Server Lease services provided by the Operator.
3.1.4 Virtual Server Lease services provided by the Operator.
3.1.5 Cable Lease services.
Article 4 - Special Provisions for Colocation and External Colocation Services
4.1 The commencement of the Colocation and External Colocation services and the billing for the Service begins on the day the Subscriber's Devices are delivered to the Operator and installed in the colocation location, along with the provision of Electrical Power Supply (if required for normal operation).
4.2 If the commencement of the Service described in point 4.1 falls on a day other than the first day of the month, the Service is billed at 1/30 of the monthly subscription fee for each day the Service is provided.
4.3 If the Agreement specifies a specific start date for the service, charges are applied from that date, unless the service start date was delayed due to the Operator. If, for technical or formal reasons on the Operator's side, the service activation date specified in the Agreement differs from the actual service start date, the service start date is considered the day it was technically handed over to the Subscriber for use.
4.4 If, despite signing the Agreement for Colocation or External Colocation services, the Subscriber fails to deliver the devices covered by it, the Service start date is considered the 14th business day from the Agreement signing date or the date specified in the Agreement for the service activation.
4.5 In the case of an Agreement continuing an already provided Service without technical changes, the Service start date is considered the day the signed Agreement or its Annex is received by the Operator, with the condition specified in point 4.3.
4.6 For Colocation and External Colocation Services, the Subscriber is required to provide the names, email addresses, and phone numbers of authorized technical contacts. The Subscriber must obtain the consent of these individuals for the Operator to process their personal data. The Subscriber must notify the Operator of the revocation of authorization in the manner specified in the Agreement.
4.7 Upon the termination or expiration of the Agreement, the Subscriber must retrieve their devices within 7 business days, subject to point 4.8.
4.8 The Subscriber must settle all outstanding payments owed to the Operator before retrieving their devices. If the Subscriber fails to meet this obligation, the Operator reserves the right to withhold the release of the devices and enforce a statutory lien (Article 670 of the Civil Code).
4.9 If the Subscriber does not retrieve their equipment after the Agreement expires, the Operator may charge storage fees equivalent to the colocation fee for the given device, excluding electrical power and network connection charges.
4.10 The Agreement specifies the maximum allocated power consumption of the Subscriber’s Devices, the nominal voltage, and the price per 1 kWh of electricity provided by the energy supplier on the Agreement signing date.
4.11 If the Agreement states that Electrical Power Supply usage is billed based on actual consumption recorded by dedicated power meters, charges are calculated at the end of each billing period based on the supplier's rate, including cooling factor adjustments (unless the Agreement states otherwise).
4.12 If the Agreement states that the Electrical Power Supply is billed as a fixed fee, it is included in the monthly subscription charge. The flat rate value is subject to proportional changes based on the supplier's rate. The Operator must notify the Subscriber of energy price changes at least 20 days before issuing the adjusted invoice.
4.13. Billing for Data Transmission and Internet Access Services
4.13.1. If the Agreement states that the Service includes an unlimited connection with a fixed bandwidth, the connection fee is included in the subscription fee.
4.13.2. If the Agreement states that the Service includes a connection with a maximum bandwidth limit, a specified data transfer cap, a bandwidth allocation after exceeding the cap, a rate (measured in terabytes equal to 10⁹ bytes), and automatic additional transfer calculation, the extra charges are billed at the end of the billing period when the additional transfer was used.
4.13.3. If the Agreement states that the Service includes a connection with a maximum bandwidth limit, a specified data transfer cap, a bandwidth allocation after exceeding the cap, a rate (measured in terabytes equal to 10⁹ bytes), and does NOT include automatic additional transfer calculation, the additional data transfer charge is applied on the day the limit is increased, in the amount determined by the Subscriber through the method specified in the Agreement or via the automatic mechanism available in the Operator’s online customer panel.
4.13.4. Data transfer is monitored simultaneously by two independent monitoring systems at Layer 3 of the OSI model, calculating the total sum of transmitted and received bytes during the billing period.
4.13.5. If the Subscriber's equipment lacks original mounting accessories (e.g., rack-mounted rails), the Operator will propose alternative technical solutions.
4.14. Subscriber Rights to Check Power Consumption and Data Transfer
The Subscriber has the right to check the current power consumption and data transfer usage during the billing period.
The official reading is the transfer or power consumption provided by an Operator employee, including the source of information and proof of the reading (e.g., a photo of the power meter or a continuous transfer graph for the given billing period).
The graphs displayed in the Subscriber panel are for reference only and require confirmation upon the Subscriber’s request.
The Subscriber has the right to request a detailed reading at no cost every 7 calendar days. Additional readings are billed as a technical service request.
4.15. Inspection of Operator’s Equipment in Subscriber’s Dedicated Space
If Operator-owned equipment is placed in the Subscriber’s dedicated space, the Subscriber consents to its inspection when technically necessary, provided the Operator notifies the Subscriber.
If an immediate intervention is required to ensure data security, service continuity, or to prevent physical hazards, the Operator is authorized to perform emergency maintenance while promptly informing the Subscriber through the method specified in the Agreement.
4.16. Prohibited Content and Service Suspension
The Subscriber is prohibited from storing or transmitting content that violates applicable laws.
The Operator has the right to immediately suspend or restrict the Service if:
A competent authority issues an order regarding illegal content.
The Operator receives credible information indicating that the Subscriber is distributing unlawful content (Article 12).
The Operator must promptly notify the Subscriber through the method described in the Agreement in case of service suspension or restriction.
4.17. Operator’s Responsibility Regarding Subscriber’s Data
The Operator has no right or obligation (Article 15) to access or interfere with the data stored on the Subscriber’s equipment.
Access to the Subscriber's logical data content is only possible upon a written request (or a securely encrypted electronic form) submitted by:
The Subscriber
An authorized representative of the Subscriber
A designated technical contact with appropriate authorization
4.18. Physical Hardware Modifications on Subscriber’s Equipment
If the Operator performs physical modifications on the Subscriber’s equipment, the Subscriber is responsible for providing or purchasing the necessary components.
The choice of replacement parts is the sole responsibility of the Subscriber.
4.19. Data Access and Personal Data Processing Requests
If a Subscriber submits a request related to data access, especially regarding personal data, the Data Controller (Subscriber) must:
Clearly define the scope of the request, specifying exact actions to be performed.
Obtain formal consent for sharing personal data, if required.
Indicate the type of data involved, considering sensitive data, if legally required.
Cooperate with the Operator’s representative, providing necessary clarifications during the process.
4.20. Paid Administrative Requests
Administrative requests are charged according to the Operator's price list on the request submission date, unless stated otherwise in the Agreement or a separate administrative services contract.
Charges for performed requests are billed after completion.
4.21. Power Supply Configuration
The Operator provides the Subscriber with independent power supply circuits, as described in the Agreement.
Ensuring redundant power supply from the available circuits is the responsibility of the Subscriber.
4.22. Data Security and Access Credentials
The Operator is not responsible for storing or managing the Subscriber’s access credentials.
If the Subscriber shares access credentials with a third party, the Subscriber bears full responsibility for any consequences.
4.23. Service Activation, Device Handover, and Acceptance Protocol
The service activation, device handover, and acceptance process must be confirmed via a protocol.
The issuing party signs the protocol, confirming the completion of the process.
If a signed protocol is not returned by the receiving party within seven (7) calendar days, it is considered accepted by default unless a formal objection is raised within the same period.
4.24. Liability for Externally Colocated Equipment
For Externally Colocated Services, the Operator is NOT responsible for the Subscriber’s equipment, unless the Operator caused the damage or can be held liable.
4.25. Equipment Pickup Authorization
The Subscriber's equipment can only be collected by a person with written authorization from the Subscriber.
4.26. Electrical Equipment Restrictions
Electrical devices that may disrupt power circuits (e.g., UPS systems, inductive devices causing harmonic currents) cannot be used in Colocation Services, unless the Operator conducts a technical analysis and grants explicit approval in the Agreement.
5. Special Provisions for Dedicated Server Lease Services
5.1. The Dedicated Server Lease Service is understood as the leasing of devices described in the Agreement along with their Colocation and the provision of telecommunications services (as defined in Article 12).
5.2. The commencement of the Dedicated Server Lease Service and the calculation of service fees begin on the day the access credentials are provided to the Subscriber along with the service acceptance protocol.
5.3. The Subscriber has the right to determine any non-compliance of the Service with the Agreement within seven calendar days from the issuance of the service acceptance protocol. In such a case, the start date of the service is considered the day the non-compliance was resolved, provided that such non-compliance indeed occurred.
5.4. If the commencement of the Service, as described in section 5.2, falls on a day other than the first day of the month, the service is billed based on 1/30 of the monthly subscription fee for each day of service provision.
5.5. If the Agreement specifies a particular start date for the service, fees are charged from that date, unless the service start date was changed due to reasons attributable to the Operator. If, for technical or formal reasons attributable to the Operator, the service start date specified in the Agreement is different from the actual technical activation date, the service start date is considered the date when the service was technically handed over to the Subscriber for use.
5.6. If the Agreement is a continuation of an already provided Service without technical changes, the date of receipt of the signed Agreement or its Annex by the Subscriber is considered the service activation date under the terms contained in this document, subject to section 5.5 as a suspensive condition.
5.7. For the Dedicated Server Lease Service, the Subscriber is required to designate individuals authorized for binding technical communication by providing their name, surname, email address, and phone number. The Subscriber is responsible for obtaining the consent of the designated persons for the transfer of their personal data to the Operator. The Subscriber is also required to inform the Operator in the manner specified in the Agreement if an authorization is revoked.
5.8. The Agreement for the provision of the Dedicated Server Lease Service specifies the flat-rate value of electricity consumption for the device, considering the climate and statistical coefficient (expressed as the statistical percentage of the actual power consumption of the device and its maximum rated power) and the price of 1 kWh of electricity offered by the supplier on the date of the Agreement's conclusion.
5.9. The subscription-based value of electricity consumption is variable throughout the Agreement term in proportion to the electricity supplier’s rates. The Operator is obliged to notify the Subscriber of any changes in electricity prices at least 20 days before issuing an invoice for the Service in which the price change applies unless otherwise stated in the Agreement.
5.10. The Operator is responsible for the ongoing repair of any damages to the leased equipment used by the Subscriber, within the time frame specified in the Agreement, at no charge.
5.11. The repair or replacement of leased equipment is performed upon the Subscriber’s request or in agreement with them if the Operator detects a malfunction in the leased device.
5.12. If the reported malfunction does not exist, the Operator has the right to charge the Subscriber a fee equivalent to a technical service order according to the price list applicable on the date the Subscriber reported the alleged malfunction, unless the Agreement states otherwise.
5.13. The Operator does not charge fees for verifying the functionality of the leased device if the inspection reveals any malfunction or non-compliance with the specifications in the Agreement.
5.14. Settlement of Transmission and Internet Access Services
5.14.1. If the Agreement states that the Service includes an unlimited connection with a specified fixed bandwidth, the fee for the connection is included in the subscription fee.
5.14.2. If the Agreement states that the Service is equipped with a connection with a specified maximum bandwidth, a transfer limit, a specified bandwidth after exceeding the limit, a rate (calculated in Terabytes equal to 10^9 bytes), and a clause on automatic additional transfer accounting, the fee is settled at the end of the billing period in which the given transfer was used.
5.14.3. If the Agreement states that the Service is equipped with a connection with a specified maximum bandwidth, a transfer limit, a specified bandwidth after exceeding the limit, a rate (calculated in Terabytes equal to 10^9 bytes), and does not contain a clause on automatic additional transfer accounting, the fee for additional transfer is charged on the day the limit is increased in the amount specified by the Subscriber through the method specified in the Agreement or based on the Subscriber’s actions using an automatic mechanism available in the Operator's customer panel on the website.
5.14.4. The data transfer is monitored and accounted for by two independent monitoring systems at the third layer of the OSI system on the Subscriber’s connection(s), calculated as the total bytes sent and received during the billing period.
5.15. The Subscriber is obliged not to transmit or store content on the Equipment that violates applicable laws. The Operator has the right to immediately suspend the service or restrict access to it based on a decision of a competent, authorized authority or if the Operator obtains credible information about the illegal nature of the shared data (Article 12). The Operator promptly informs the Subscriber of the suspension or restriction of the Service through the means described in the Agreement.
5.16. The Operator does not have the authority or obligation (Article 15) to interfere with data stored on the Subscriber’s Equipment. Access to the logical content of the Subscriber’s Equipment is only possible based on a written request (or an encrypted electronic form) from the Subscriber (a person representing the Subscriber or an authorized person for technical orders).
5.17. In the case of an administrative order related to data access, particularly concerning personal data, the Data Administrator is required to:
5.17.1. Precisely define the scope of the order, including detailed information about the actions to be performed.
5.17.2. Obtain the necessary formal consent for the disclosure of personal data if such data is subject to the order.
5.17.3. If required by law, specify the type of data involved, including sensitive data.
5.17.4. Cooperate with the Operator’s representative by responding to any questions that may arise during the execution of the order.
5.18. Administrative orders are carried out for a fee, according to the Operator’s price list applicable on the date of order submission, unless otherwise stated in the Agreement or a separate contract with the Operator. Fees for completed orders are charged after execution.
5.19. The Operator is not obligated to store or manage access credentials for the Subscriber’s Equipment. Granting third-party access to the Subscriber’s Equipment is solely at the discretion of the Subscriber.
5.20. The activation of the Service is confirmed by a service acceptance protocol. The issuing party of the protocol confirms the completion of the action. If the acceptance protocol, signed by one party, is not provided to the issuing party within seven calendar days in a signed form, the protocol is considered binding (silent acceptance), unless the other party submits an objection within this period, disputing the recorded action.
5.21. The Subscriber is obliged not to transmit or store content on the Equipment that violates applicable laws. The Operator has the right to immediately suspend the service or restrict access to it based on a decision of a competent, authorized authority or if the Operator obtains credible information about the illegal nature of the shared data (Article 12). The Operator promptly informs the Subscriber of the suspension or restriction of the Service through the means described in the Agreement.
6. Special Provisions for Virtual Server Lease Services
6.1. The Virtual Server Lease Service is understood as leasing part of the teleinformatics resources described in the Agreement for the exclusive use of the Subscriber, to which the Operator provides network services (as defined in Article 12).
6.2. The commencement of the Virtual Server Lease Service and the calculation of service fees begin on the day the access credentials are provided to the Subscriber along with the service acceptance protocol.
6.3. The Subscriber has the right to determine any non-compliance of the Service with the Agreement within seven calendar days from the issuance of the service acceptance protocol. In such a case, the start date of the service is considered the day the non-compliance was resolved, provided that such non-compliance indeed occurred.
6.4. If the commencement of the Service, as described in section 6.2, falls on a day other than the first day of the month, the service is billed based on 1/30 of the monthly subscription fee for each day of service provision.
6.5. If the Agreement specifies a particular start date for the service, fees are charged from that date, unless the service start date was changed due to reasons attributable to the Operator. If, for technical or formal reasons attributable to the Operator, the service start date specified in the Agreement is different from the actual technical activation date, the service start date is considered the date when the service was technically handed over to the Subscriber for use.
6.6. If the Agreement is a continuation of an already provided Service, the date of receipt of the signed Agreement or its Annex by the Subscriber is considered the service activation date under the terms contained in this document.
6.7. For the Virtual Server Lease Service, the Subscriber is required to designate individuals authorized for binding technical communication by providing their name, surname, email address, and phone number. The Subscriber is responsible for obtaining the consent of the designated persons for the transfer of their personal data to the Operator. The Subscriber is also required to inform the Operator in the manner specified in the Agreement if an authorization is revoked.
6.8. As part of providing the Virtual Server Lease Service, the Operator is responsible for continuously monitoring and maintaining the operational continuity of the infrastructure on which it is based.
6.9. Settlement of Transmission and Internet Access Services
6.9.1. If the Agreement states that the Service includes an unlimited connection with a specified fixed bandwidth, the fee for the connection is included in the subscription fee.
6.9.2. If the Agreement states that the Service is equipped with a connection with a specified maximum bandwidth, a transfer limit, a specified bandwidth after exceeding the limit, a rate (calculated in Terabytes equal to 10^9 bytes), and a clause on automatic additional transfer accounting, the fee is settled at the end of the billing period in which the given transfer was used.
6.9.3. If the Agreement states that the Service is equipped with a connection with a specified maximum bandwidth, a transfer limit, a specified bandwidth after exceeding the limit, a rate (calculated in Terabytes equal to 10^9 bytes), and does not contain a clause on automatic additional transfer accounting, the fee for additional transfer is charged on the day the limit is increased in the amount specified by the Subscriber through the method specified in the Agreement or based on the Subscriber’s actions using an automatic mechanism available in the Operator's customer panel on the website.
6.9.4. The data transfer is monitored and accounted for by two independent monitoring systems at the third layer of the OSI system on the Subscriber’s connection(s), calculated as the total bytes sent and received during the billing period.
6.10. The Subscriber is obliged not to transmit or store content on the assigned resources that violate applicable laws. The Operator has the right to immediately suspend the service or restrict access to it based on a decision of a competent, authorized authority or if the Operator obtains credible information about the illegal nature of the shared data (Article 12). The Operator promptly informs the Subscriber of the suspension or restriction of the Service through the means described in the Agreement.
6.11. The Operator does not have the authority or obligation (Article 15) to interfere with data stored on the Virtual Server resources. Access to the logical content of the Virtual Server is only possible based on a written request (or an encrypted electronic form) from the Subscriber (a person representing the Subscriber or an authorized person for technical orders).
6.12. In the case of an administrative order related to data access, particularly concerning personal data, the Data Administrator is required to:
6.12.1. Precisely define the scope of the order, including detailed information about the actions to be performed.
6.12.2. Obtain the necessary formal consent for the disclosure of personal data if such data is subject to the order.
6.12.3. If required by law, specify the type of data involved, including sensitive data.
6.12.4. Cooperate with the Operator’s representative by responding to any questions that may arise during the execution of the order.
6.13. Administrative orders are carried out for a fee, according to the Operator’s price list applicable on the date of order submission, unless otherwise stated in the Agreement or a separate contract with the Operator. Fees for completed orders are charged after execution.
6.14. The Operator is not obligated to store or manage access credentials for the Subscriber’s Equipment. Granting third-party access to the Subscriber’s Equipment is solely at the discretion of the Subscriber.
6.15. The activation of the Service is confirmed by a service acceptance protocol. The issuing party of the protocol confirms the completion of the action. If the acceptance protocol, signed by one party, is not provided to the issuing party within seven calendar days in a signed form, the protocol is considered binding (silent acceptance), unless the other party submits an objection within this period, disputing the recorded action.
6.16. The Subscriber is obliged not to transmit or store content on the assigned Virtual Server resources that violate applicable laws. The Operator has the right to immediately suspend the service or restrict access to it based on a decision of a competent, authorized authority or if the Operator obtains credible information about the illegal nature of the shared data (Article 12). The Operator promptly informs the Subscriber of the suspension or restriction of the Service through the means described in the Agreement.
6.17. For Virtual Server Lease Services, provisions regarding responsibility for operating system and virtualization system administration are contained in a separate regulation. In the event of inconsistencies between this Regulation and the referenced detailed regulation, the provisions of the detailed regulation take precedence.
7. Special Provisions for Cabling Lease Services
7.1. The Cabling Lease Service commences on the day the Operator notifies the Subscriber of cable (cables) or cabling route availability in the form of a proposed service acceptance protocol.
7.2. The Subscriber has the right to determine any non-compliance of the Service with the Agreement within seven calendar days from the issuance of the service acceptance protocol. In such a case, the service start date is considered the day the non-compliance was resolved, provided that such non-compliance indeed occurred.
7.3. The Subscriber has the right to determine any non-compliance of the Service with the Agreement within seven calendar days from the issuance of the service acceptance protocol. In such a case, the service start date is considered the day the non-compliance was resolved, provided that such non-compliance indeed occurred.
7.4. If the commencement of the Service, as described in section 7.1, falls on a day other than the first day of the month, the service is billed based on 1/30 of the monthly subscription fee for each day of service provision.
7.5. If the Agreement specifies a particular service activation date, fees are charged from that date unless the service activation date was changed due to reasons attributable to the Operator. If, for technical or formal reasons attributable to the Operator, the activation date specified in the Agreement differs from the actual technical activation date, the service start date is considered the date when the service was technically handed over to the Subscriber for use.
7.6. The Operator is responsible for the continuity of availability of its own cabling and is obliged to remove any defects (unless otherwise specified in the Agreement). The Subscriber is responsible for the availability of their own cabling located in the cabling route provided by the Operator (unless otherwise specified in the Agreement).
7.7. Within 14 calendar days after the expiration of the Cabling Lease Service Agreement, the Subscriber is required to remove the leased cables and restore the infrastructure on which they were installed to its original state. The party performing the dismantling work bears responsibility for any potential damages that may occur during the dismantling process.
8. General Provisions for Services Covered by This Regulation
8.1. The Operator is obliged to exercise due diligence in the performance of Services.
8.2. The Operator is obliged to comply with all legal norms applicable during the provision of Services.
8.3. In the event of Service suspension, the Operator shall perform such action in a manner that does not damage the data stored within the Service resources.
8.3.1. In the case of Colocation and Dedicated Server Lease Services, "Service suspension" is understood as blocking network access to the resources.
8.3.2. In the case of Cabling Lease Services, "Service suspension" means disconnecting the cable at the junction without damaging its continuity.
8.3.3. In the case of colocation of telecommunication devices that do not store data and do not use the Operator's network services, "Service suspension" means disconnecting power access.
8.4. Within 14 calendar days from the expiration of the Agreement, the Operator is required to delete the Subscriber’s data from all storage media used for maintaining the Service, including backup copies (if such backups were based on the Operator’s resources).
8.5. The Operator has the right to immediately suspend or restrict the Service if there is an obvious threat caused by the Subscriber’s actions to the stability and security of other Subscribers' Services or inter-operator connections (e.g., a DDoS attack originating from the Subscriber’s devices, a network "loop"). The Operator is required to immediately inform the Subscriber about the restriction, the reasons for it, and present collected evidence.
8.6. The Operator's right described in section 8.5 also applies in the case of a "compromise" (unauthorized access by third parties) of data resources in the Service provided to the Subscriber.
8.7. The Operator has the right and duty to maintain and upgrade the telecommunication network, which may cause service interruptions or degradation of service quality, but not for more than 60 minutes per incident and no more than four times per month. The Operator will, where technically feasible, perform maintenance and upgrades during off-peak hours. The Operator shall notify the Subscriber of planned maintenance at least three days in advance.
8.8. The Subscriber and the Operator mutually declare that the Subscriber is obliged to pay the full agreed compensation for the Services provided in the form of a subscription fee and any other fees arising from the Agreement. Furthermore, the Subscriber is not entitled to offset or withhold any portion of this compensation or retain any equipment to which the Operator has a legal title. In the case of a Subscriber entitled to consumer rights, in the event of early termination of the Agreement, the Subscriber is only obligated to pay for Services already provided and to return any granted discounts.
8.9. The Operator is entitled to suspend or restrict Services in the following cases:
8.9.1. If the Subscriber is delayed or in default with payment for Services for more than 14 calendar days from the due date, the Operator may suspend the Service until all overdue fees are paid.
8.9.2. In cases described in sections 8.5-8.6 of this Regulation.
8.10. During the period of service suspension or restriction, the Subscriber remains liable for paying the full service fees in accordance with the Agreement and the price list.
8.11. Upon receiving credible information that the reason for service suspension or restriction has ceased, the Operator shall promptly restore full functionality.
8.12. The Subscriber must make payments for the Services provided based on the Agreement.
8.13. In the event of late payment, the Operator is entitled to charge statutory interest.
8.14. Invoices for the provided Services are issued in the form specified in the Agreement.
8.15. The Operator has the right to charge for Services performed during the term of the Agreement with the given Subscriber, provided that no more than 24 months have passed since their execution.
8.16. The Subscriber is obligated to pay the subscription fee within 14 days from the first day of the billing period or from the invoice issuance date (unless otherwise specified in the Agreement).
8.17. Failure to receive an invoice in the manner specified in the Agreement does not release the Subscriber from the obligation to pay for the Services. The Subscriber must immediately inform the Operator if an invoice is not received.
8.18. If the Service has an activation fee, this fee is charged along with the first billing period’s subscription fee.
8.19. The Operator is liable for failure or improper performance of Services unless caused by the Subscriber’s actions, the Subscriber’s failure to comply with the law, Regulations, or the Agreement, actions of third parties, force majeure, or if the Operator is not responsible for the circumstances leading to the failure or improper performance of the Service.
8.20. The Operator is not liable for failure or improper performance of the Service if it results from the inability to provide the Service during connections established in the networks of other telecommunication operators.
8.21. For each started hour of service downtime caused by the Operator’s fault, the Subscriber is entitled to 1/720 of the monthly fixed subscription fee for the Service in the case of services charged with fixed monthly subscription fees. If the downtime or malfunction affects only part of the Service, the Operator’s liability is proportional to the affected component's relation to the entire Service.
8.22. The Operator is not liable for the Subscriber’s lost profits.
8.23. The Operator is responsible for Subscriber’s equipment located in Colocation to the extent the Operator contributed to the damage.
8.24. The Operator is not liable for Service failures and unavailability if the Subscriber did not promptly notify the Operator upon discovering the issue.
8.25. Changes in electricity prices provided by licensed third-party energy suppliers do not constitute a change in the Agreement, grounds for its termination, or withdrawal from it.
9. Complaint Procedure and Reporting Service Unavailability or Irregularities
9.1. A complaint should include:
9.1.1. The name and surname or company name and the residential or registered address of the Subscriber (complainant).
9.1.2. Specification of the subject of the complaint and the period covered by the complaint.
9.1.3. A description of the circumstances justifying the complaint.
9.1.4. The date of conclusion of the Agreement and the service activation date specified therein – in the case of complaints regarding the Operator’s failure to meet the contractual service activation deadline.
9.1.5. The amount of the claim.
9.1.6. The detailed complaint handling procedure is determined by the regulation issued by the minister responsible for telecommunications.
10. Termination of the Agreement
10.1. In the case of fixed-term agreements, such an agreement may be terminated only under the conditions specified in the regulations, the agreement, or the price list, specifically:
10.1.1. By mutual agreement of the Parties.
10.1.2. If the Subscriber requests early termination of the Agreement, they must compensate the Operator with an amount equal to the total remaining service fees (Minimal Service Value) that would have been payable until the original contract end date, had the Agreement not been terminated early. If the Subscriber is entitled to consumer rights, they must also return any discounts received under the Agreement.
10.1.3. The Operator may terminate the Agreement if their authorization to provide services is revoked, restricted, expired, or changed due to an administrative decision or changes in legal regulations.
10.1.4. The Operator may terminate the Agreement if, due to technical reasons beyond the control of the Operator and the Subscriber, the continued provision of the service becomes impossible.
10.1.5. The Operator may terminate the Agreement due to the Subscriber’s fault if the Subscriber fails to make payments for the Service, and 14 calendar days have passed since the payment due date.
10.1.6. The Operator may terminate the Agreement due to the Subscriber’s fault if, despite a warning to cease unlawful activities, the Subscriber continues to use the Service for illegal purposes, and 7 calendar days have passed since the warning.
10.1.7. The Operator has the right to withdraw from the Agreement if, at the time of conclusion, the Subscriber provided false or incomplete legally required data, or if the Agreement was signed by an unauthorized person.
10.1.8. In cases where the Agreement is terminated due to the Subscriber’s fault, they are obligated to pay for the Minimal Contract Period, meaning the period until the originally agreed expiration date of the Agreement. If the Subscriber is entitled to consumer rights, they must also return any discounts received under the Agreement.
10.1.9. The Subscriber may terminate the Agreement if the Operator commits a serious, blatant violation of the Agreement and does not rectify the breach within 7 calendar days after receiving a formal notice from the Subscriber, supported by evidence of the violation.
10.1.10. The Subscriber may terminate the Agreement if, due to the Operator’s fault, the Service remains unavailable for three consecutive calendar days, provided that the Subscriber reported the unavailability while it was occurring.
10.1.11. The Subscriber may terminate the Agreement if the Operator has clearly breached telecommunications secrecy, provided they present evidence of the violation.
10.1.12. The Subscriber may terminate the Agreement if the Operator has clearly violated legal provisions, particularly data protection regulations, and can provide evidence of the violation.
10.2. Upon termination, expiration, or withdrawal from the Agreement, the Operator ceases to provide the Service.
10.3. A statement of Agreement termination must be submitted in written, documentary, or electronic form.
11. Final Provisions
11.1. This Regulation constitutes an integral part of the Service Agreement, provided that the Agreement was signed after the date of its publication.
11.2. For existing Services, the regulations in effect on the date of their signing shall apply.
11.3. In the case of an amendment to the Agreement signed after the publication of this Regulation, its provisions shall apply, unless they contradict the Agreement, and provided that the Subscriber has agreed to apply this Regulation to the ongoing Agreement.