Terms and Conditions of System Administration Services provided by eTOP Sp. z o.o.

Terms and Conditions for System Administration Services
Provided by eTOP Sp. z o.o.
Dated: 10.12.2024
 
1. Definitions:
1.1 Administrative Services – Services provided by eTOP Sp. z o.o., involving configuration, diagnostics, and repair activities on IT devices for which the Subscriber has the appropriate legal title. Specifically, administrative services include all actions aimed at configuring the operating system from its interaction with hardware or a virtual environment to its interaction with installed applications. They also include maintaining system efficiency along with the file system, security updates related to the data stored in the Subscriber's system, oversight of backup operations, and other administrative activities described in the Agreement. Administrative Services do not include application maintenance or logical operations involving modification, addition, or deletion of the Subscriber's application data, except for event logs originating from applications or system resources.
1.2 Event – Any task performed at the Subscriber's request or any other task initiated by eTOP Sp. z o.o. aimed at improving security, performing updates, or restoring proper operation of the operating system.
1.3 Work Hour – A conventional, basic billing period, defined as each started clock hour of work by a single employee.
1.4 Request – An administrative work order or system malfunction report submitted via a dedicated form on the website, by phone, or via email.
1.5 Contractual Limit – The number of Work Hours and Events available for the Subscriber, as specified in the Agreement, annex, or attachment.
 
 
2. General Provisions
2.1 This regulation is a specific regulation, defined in Article 1.2 of the "Terms of Service of eTOP Sp. z o.o." and introduced in accordance with Article 2.2 of the aforementioned terms.
2.2 The provisions of this regulation take precedence over the "Terms of Service of eTOP Sp. z o.o." in accordance with its Article 2.3.
2.3 This regulation applies to Administrative Services only if referenced in the Agreement, its clause, attachment, or annex.
2.4 This regulation also applies to one-time administrative work orders if the requesting entity has acknowledged and agreed to its application in the order.
2.5 The provisions of the Agreement take precedence over the provisions of this regulation.
 


3. Types of Events
3.1 Regular Event – Any Event performed on business days between 9:00 AM – 5:00 PM unless otherwise specified in the Agreement.
3.2 Critical Event – An Event that results in the unavailability of a key functionality of the Subscriber's system or the total unavailability of the administered system.
3.3 Planned Event – An Event performed at any time or day, required for routine administrative work within a maintenance window. The Subscriber is informed of a Planned Event at least 12 hours in advance and must provide consent.
3.4 Commissioned Event – A one-time Event performed at any time or day, specifically agreed upon with the Subscriber. Its execution and conditions require approval from both the Subscriber and the Operator.
 

4. Work Time Accounting Rules
4.1 The administrator’s work time limit is defined in the Agreement or work order. The limit includes the number of Work Hours and Events in a billing period under the subscription or the number of Work Hours in a one-time order.
4.2 If the limit specified in 4.1 is exceeded, eTOP Sp. z o.o. informs the Subscriber about the option to purchase additional Work Hours and proceeds with further actions only after obtaining the Subscriber's approval.
4.3 The Work Hour limit is valid only for the given billing period.
4.4 The contractual limit defines an equal number of Work Hours and Events. Each Event is counted as at least one Work Hour, and the total number of Work Hours for resolving an Event is calculated per every started hour unless otherwise defined in the Agreement or pricing for one-time orders.
4.5 If the Agreement specifies that the number of Events in the contractual limit is at least twice the number of Work Hours, each Event is counted as at least half a Work Hour, with billing calculated per half Work Hour for every started 30 minutes.
4.6 If the Agreement specifies that the number of Events in the contractual limit is at least four times the number of Work Hours, each Event is counted as at least a quarter of a Work Hour, with billing calculated per quarter Work Hour for every started 15 minutes.
4.7 For tasks involving waiting periods without active administrator involvement (e.g., data copying, disk synchronization, data verification, scanning), two Work Hours are deducted from the contractual limit, plus one Work Hour for each started six-hour period.
4.8 Commissioned Events are billed separately and do not count toward the contractual limit unless agreed otherwise.
4.9 An Event does not count toward the contractual limit if it results from:
4.9.1 Physical damage to a server owned by eTOP Sp. z o.o.
4.9.2 Improper or incomplete execution of another Event.
4.9.3 Other causes attributable to the malfunction of eTOP Sp. z o.o.'s systems, devices, or employees.
4.10 If a Subscriber reports a Critical Event that is actually a Regular Event, a fee equivalent to three Work Hours is charged outside the contractual limit.
4.11 No deductions from the contractual limit or fees apply if the administrative work was necessary due to the failure of another guaranteed service provided by the Operator.
 


5. Scope of System Administration Services
5.1 The scope of activities covered by the subscription-based System Administration Service includes
5.1.1 Installation of the system according to the Subscriber's guidelines
5.1.2 Proper configuration of the system to work with the hardware platform
5.1.3 Configuration and supervision of backup execution for Subscriber-designated data
5.1.4 Installation of programs and processes on the Subscriber's operating system along with initial default configuration
5.1.5 Installation of process modules and programs on the Subscriber's operating system
5.1.6 Updates of system software and hardware drivers
5.1.7 Resolving compatibility issues between processes and the operating system and hardware
5.1.8 Eliminating causes of unavailability
5.1.9 Modifying basic parameters of the operating system, processes, and modules
5.1.10 System performance analysis and configuration for achieving maximum possible efficiency for a given system
5.1.11 Supervision of the hardware platform operation
5.1.12 Securing the operating system using available software tools for that system
5.1.13 Consulting on the selection of hardware platform and software technologies
5.1.14 Installation configuration and supervision of the proper functioning of management panels
5.1.15 Monitoring of system operation parameters agreed upon with the Subscriber that are essential for system stability
5.1.16 Other activities described in the agreement
 
5.2 The following are not included in the scope of activities covered by the subscription-based System Administration Service
5.2.1 Analysis of Subscriber data or scripts
5.2.2 Migration of Subscriber data from other physical or virtual machines or to other such machines
5.2.3 Administrative actions on devices not covered by the Agreement
5.2.4 Administrative actions on devices located outside the headquarters or data center of eTOP Sp. z o.o. unless otherwise stated in the Agreement
 

6. Service availability hours and response times
6.1 Regular Events are performed between 9.00 AM and 5.00 PM on business days unless otherwise stated in the Agreement
6.2 Critical Events are performed 24/7
6.3 Planned Events are performed the same as Regular Events or during the Maintenance Window
6.4 Commissioned Events are performed at a time agreed upon with the Subscriber in the work order
6.5 The execution of a Regular Event begins no later than four hours after the report unless otherwise stated in the Agreement
6.6 The execution of a Critical Event begins no later than two hours after the report unless otherwise stated in the Agreement
6.7 The maximum time for resolving unavailability depends on technical conditions unless otherwise stated in the Agreement
6.8 The Maintenance Window is considered the period between 11.00 PM and 6.00 AM the next day unless otherwise stated in the Agreement
 


7. Conditions for the occurrence of an Event
7.1 An Event may be initiated by a report or order from the Subscriber
7.2 An Event may be triggered by the need to perform administrative maintenance work during the Maintenance Window if the Subscriber has been informed about the necessity of such work and has not objected In this case the principle of silent consent applies
7.3 eTOP Sp. z o.o. has the right to initiate a Critical Event without the Subscriber's consent and take all necessary measures and actions in case
7.3.1 The security or integrity of the Subscriber's data is at risk
7.3.2 The manufacturer publisher or developer of system or hardware software has released a critical update for the operating system or process that is essential for the security or stability of the Subscriber's data
7.3.3 There has been an intrusion into the system by third parties
7.3.4 Installed client software poses a threat to other clients of eTOP Sp. z o.o. or endangers network stability
7.4 An Event may be triggered by spontaneous system or hardware failure
7.5 An Event may be triggered by a network attack from a public network


8. Access rules and order authorization
8.1 The administrative password is provided to the Subscriber at the moment the system is handed over for use
8.2 The Subscriber is obliged to provide eTOP Sp. z o.o. with the new administrative password in case of its change
8.3 To confirm the authorization to report an Event eTOP Sp. z o.o. has the right to require the Subscriber to provide the current administrative password
8.4 In case the password is lost or changed by the Subscriber eTOP Sp. z o.o. restores it upon a written request from the Subscriber signed by a person authorized in the Agreement or the Subscriber's legal representative Such an action is deducted from the limit as a Regular Event


9. Data confidentiality
9.1 The nature of the Agreement does not imply that eTOP Sp. z o.o. has knowledge of the content or nature of the Subscriber's data
9.2 The nature of the Agreement implies that eTOP Sp. z o.o. has access to the Subscriber's data
9.3 eTOP Sp. z o.o. ensures the confidentiality of the Subscriber's data in accordance with the principles of electronic communication secrecy as stipulated by the Electronic Communications Law
9.4 All employees of eTOP Sp. z o.o. as employees of a telecommunications operator are subject to professional secrecy whose breach is subject to criminal liability
9.5 Access to data is granted only to eTOP Sp. z o.o. employees and individuals authorized by the Subscriber Such authorization requires a written form either traditional or electronic
9.6 Upon the expiration of the Agreement the Subscriber's access data is considered confidential for 30 days from the date of expiration The Subscriber is required to change the access data upon termination of the Agreement
9.7 Upon the expiration of the Agreement the Subscriber's data other than access credentials remain confidential


10. Scope of liability
10.1 eTOP Sp. z o.o. is not liable for actual or potential lost profits of the Subscriber
10.2 eTOP Sp. z o.o. is not liable in the event that the Subscriber objected to the execution of administrative actions during the Maintenance Window
10.3 eTOP Sp. z o.o.'s liability is limited to the amount of the subscription fee for the billing period in which the event causing the claim occurred
10.4 eTOP Sp. z o.o. is not liable for damages resulting from errors in software not created by eTOP Sp. z o.o.
10.5 eTOP Sp. z o.o. is not liable for the legality of software installed in the Subscriber's system unless such software is leased from eTOP Sp. z o.o.
10.6 eTOP Sp. z o.o. is not liable if the Subscriber ignored information provided by eTOP Sp. z o.o. regarding the urgent need to change the hardware or software platform and the failure to make this change resulted in unavailability or data loss
10.7 eTOP Sp. z o.o. is not liable in case of loss damage or deletion of data or unavailability caused by the Subscriber sharing access credentials with third parties knowingly or unknowingly (e.g. if the Subscriber's office computer contained password-stealing software)
10.8 eTOP Sp. z o.o. bears full liability in cases of intentional misconduct under general principles


11. Final provisions
11.1 This regulation comes into effect on 10.12.2024
11.2 The provisions of this regulation apply to services commenced after its entry into force or if the Subscriber has agreed to incorporate it into the terms of the existing Agreement