General Terms and Conditions for Services
Last modified on April 1, 2025.
1. Introduction
This General Terms and Conditions for Services (“Agreement” or “ToS”) constitutes a legally binding contract between IE Oleksii Smychkov, doing business as Sunetix™ (“We” or “Our”), and the Client (“Client,” “User” or “You”), governing access to and use of all Products, Services, and Websites, including sunetix.host, sunetix.org, and their subdomains, collectively referred to as the Services.
2. Agreement Acceptance
2.1. Acceptance of Terms
By accessing, purchasing, or using the Services, You irrevocably agree to comply with this Agreement, including all applicable policies such as the Acceptable Use Policy, Privacy Policy, Refund Policy, and any other policies incorporated by reference into this Agreement. You affirm that You are at least eighteen (18) years of age and legally authorized to enter into this Agreement. Violation of any terms may result in suspension, termination, or legal action.
2.2. Prohibited Use
The Services are strictly prohibited for individuals under eighteen (18) years of age, and for entities or individuals subject to sanctions under Ukrainian, EU, or U.S. law. The Services must not be used for unlawful, abusive, or fraudulent activities, as outlined in the Acceptable Use Policy.
2.3. Use on Behalf of an Organization
If the Services are used on behalf of an Organization (such as a business, nonprofit, or governmental entity), the individual acting on behalf of the Organization represents and warrants that they are duly authorized to bind the Organization to this Agreement. The Organization assumes full responsibility for all activities conducted under its account, including adherence to these terms.
2.4. Liability for Unauthorized Use
If You lack the authority to act on behalf of the Organization, both You personally and the Organization will be jointly liable for any breaches of this Agreement, damages, or unpaid fees. The Organization is responsible for ensuring that all users accessing its account comply with this Agreement.
2.5. Verification of Authority
Sunetix reserves the right to request written proof of Your authority to act on behalf of the Organization (e.g., corporate resolution or power of attorney). If such proof is not provided within 7 business days of the request, Sunetix may suspend or terminate the Services.
2.6. Unauthorized Use
If Sunetix determines that You have misrepresented Your authority, We may immediately terminate all Services to the Organization’s account without refund. The Organization agrees to indemnify Sunetix for any losses arising from unauthorized use of its account.
2.7. Changes in Authority
You must notify Sunetix immediately via a support ticket or by email at info@sunetix.org if Your authority to act on behalf of the Organization is revoked or altered. Failure to notify may result in continued liability for the Organization and/or yourself.
3. Account Management
3.1. Account Registration
You agree to provide accurate, current, and complete information during account registration and to promptly update such information as necessary. Failure to maintain accurate information, including contact details or payment methods, constitutes a material breach of this Agreement. Sunetix reserves the right to suspend or terminate accounts with fraudulent, incomplete, or outdated information without prior notice.
3.2. Account Security
You are solely responsible for maintaining the confidentiality of Your account credentials and for all activities conducted under Your account. You must immediately notify Sunetix of any unauthorized access, suspicious activity, or security breaches. Sunetix is not liable for losses or damages arising from unauthorized account access, including misuse, data theft, or service disruptions.
3.3. Account Updates
You must update Your account information within two (2) business days of any changes. Sunetix may request verification of Your identity or authority to act on behalf of an Organization at any time. Failure to provide the requested documentation within seven (7) business days may result in account suspension.
3.4. Account Ownership
Accounts are non-transferable without prior written consent from Sunetix. For Organizational accounts, the entity listed during registration retains ownership. Any disputes regarding account control between individuals and Organizations must be resolved internally. Sunetix will recognize the authorized representative on record.
3.5. Suspension and Termination
Sunetix may suspend or terminate accounts for violations of this Agreement, including but not limited to non-payment of fees (see Section 5: Payment and Billing), breaches of the Service Usage and Restrictions (Section 4), or failure to comply with security or verification requests. You may terminate services by submitting a cancellation request through Your account panel or by contacting support@sunetix.org.
3.6. Survival
Obligations related to account security, payment arrears, and indemnification shall survive termination of this Agreement.
4. Service Usage and Restrictions
4.1. Permitted Use
Sunetix Services may only be used for lawful purposes in strict compliance with this Agreement, applicable laws, and industry standards. You are solely responsible for ensuring that Your use of the Services aligns with all regulatory requirements, including those related to data protection, intellectual property, and export control laws.
4.2. General Restrictions
You agree not to engage in any activity that disrupts, compromises, or overloads the infrastructure, networks, or services provided by Sunetix to other clients. This includes, but is not limited to, unauthorized access attempts, reverse engineering, cryptocurrency mining, or distributing malicious code.
4.3. Resource Utilization
Services are subject to technical limitations designed to maintain system stability and performance. Excessive consumption of server resources, including central processing unit (CPU), memory (RAM), disk input/output (I/O), or bandwidth, is strictly prohibited. Sunetix reserves the right to throttle, suspend, or terminate accounts that degrade shared server performance.
4.4. Content Compliance
All content hosted, transmitted, or distributed through the Services must adhere to the Service Usage and Restrictions of Sunetix (Section 4). You are responsible for screening user-generated content, third-party integrations, and external links for compliance with this Agreement.
4.5. Data Integrity
You must ensure that data stored or processed through the Services does not infringe third-party rights, contain sensitive information (e.g., payment card data, health records) without proper safeguards, or violate privacy laws. Sunetix disclaims liability for fines, penalties, or claims arising from non-compliant data practices.
4.6. Third-Party Integrations
Third-party software, plugins, or application programming interfaces (APIs) integrated with the Services must be properly licensed, regularly updated, and adequately secured. Sunetix does not provide support for compatibility issues, security vulnerabilities, or performance degradation caused by third-party tools.
4.7. Security Obligations
You are required to implement reasonable security measures, including strong passwords, encryption, and access controls, to protect Your account and data. Failure to secure Your account adequately may result in suspension or termination of services.
4.8. Monitoring and Enforcement
Sunetix actively monitors service usage to ensure compliance with this Agreement. Any violations may result in immediate action, including throttling, suspension, or termination of as determined solely by Sunetix. Repeated breaches may lead to permanent blacklisting from the Services provided by Sunetix.
4.9. Survival
Obligations related to content compliance, data integrity, and indemnification shall survive the termination of this Agreement.
5. Payment and Billing
5.1. Fees
You agree to pay all fees associated with the Services as specified during the order process. Fees include recurring charges for the selected billing cycle (monthly, annual, or otherwise), applicable taxes, and regulatory surcharges. Payments must be made via credit card, PayPal, or approved cryptocurrencies. Cryptocurrency transactions are final and irrevocable under all circumstances.
5.2. Auto-Renewal
Services will automatically renew at the end of each billing cycle unless explicitly canceled by You. To prevent auto-renewal, You must submit a cancellation request through Your account panel or by contacting support@sunetix.org. Failure to cancel obligates You to pay all subsequent charges.
5.3. Late Payments
A grace period of fourteen (14) days is provided for overdue payments. If payment is not made within this period, Services will be suspended. If the payment remains unresolved, Services and all associated data will be permanently deleted fourteen (14) days after suspension.
5.4. Refunds
Refunds are available within thirty days of the initial payment. Refunds exclude domain registrations, SSL certificates, setup fees, and accounts terminated for violations of this Agreement. Payments made via cryptocurrency are non-refundable. Disputing charges through Your payment provider will result in immediate suspension and possible termination of the Service until the issue is resolved.
5.5. Payment Accuracy
You are solely responsible for ensuring the accuracy of payment details, including cryptocurrency wallet addresses, account numbers, and billing information. Sunetix assumes no liability for payments sent to incorrect addresses, invalid accounts, or misconfigured payment methods. Such payments are non-recoverable and non-refundable.
5.6. Price Changes
Sunetix reserves the right to modify Service prices. Material price changes will be communicated thirty days in advance via email or account notifications. Continued use after the effective date constitutes acceptance of the revised pricing.
5.7. Fraudulent Payments
Fraudulent payment attempts, including chargebacks, disputed transactions, or use of stolen payment methods, will result in permanent blacklisting from the Services provided by Sunetix and may be reported to law enforcement.
5.8. Survival
Payment obligations, including unpaid fees and chargeback liabilities, survive termination of this Agreement.
6. Termination and Suspension
6.1. Termination by Sunetix
Sunetix reserves the right to immediately terminate or suspend Your access to the Services, without prior notice, under certain circumstances. These circumstances include, but are not limited to, violations of the Acceptable Use Policy, failure to comply with the Payment and Billing terms, requests from law enforcement or regulatory authorities, or actions that jeopardize the security, stability, or integrity of the infrastructure or services provided by Sunetix to other clients.
6.2. Termination by You
You may terminate the Services by submitting a formal cancellation request through Your account panel or by contacting Sunetix support via a support ticket.
6.3. Post-Termination Obligations
Upon termination of the Services, all Service-related data, including Client data and backups, will be permanently deleted thirty (30) days after the termination date, unless otherwise required by applicable law or regulatory obligations. However, account data and certain personal information may be retained for up to two (2) years after termination for compliance, record-keeping, or legal purposes. Sunetix does not provide data recovery services post-termination.
You remain fully responsible for all unpaid fees, including charges accrued before termination. Domain registrations are subject to ICANN policies and third-party registrar terms, and Sunetix does not guarantee the transfer or continued availability of domain names following termination.
Provisions concerning payments, liability, indemnification, and dispute resolution will remain enforceable indefinitely.
6.4. Survival
Certain obligations, including those related to payments, liability limitations, indemnification, and dispute resolution, will survive the termination of this Agreement.
7. Privacy and Data
7.1. Data Collection and Use
Sunetix collects and processes personal information necessary for the provision, maintenance, and improvement of the Services. This includes, but is not limited to, Your name, email address, payment details, IP address, and usage data. The collected data is used solely for service delivery, billing, security enforcement, and compliance with legal obligations. By using the Services, You consent to the collection, storage, and processing of Your data in accordance with this Agreement and applicable laws.
7.2. GDPR Compliance
For users subject to the European Union’s General Data Protection Regulation (GDPR), Sunetix acts as both a data controller and a data processor. Data is processed lawfully, transparently, and for specified purposes. You may request access to, correction of, or deletion of Your personal data by contacting support@sunetix.org. Sunetix will respond to such requests within thirty (30) days, subject to legal or operational constraints.
7.3. Data Sharing
Sunetix does not sell or rent Your data to third parties. However, data may be disclosed in the following cases:
- When engaging with payment processors, domain registrars, or infrastructure partners essential for service delivery;
- To comply with court orders, subpoenas, or government requests;
- To investigate violations of the Acceptable Use Policy or protect the infrastructure of Sunetix.
7.4. User Responsibilities
You are solely responsible for the legality, integrity, and security of data You upload, transmit, or store using the Services. This includes obtaining necessary consents for end-user data (e.g., website visitors) and ensuring compliance with applicable privacy laws in Your jurisdiction.
7.5. Security Measures
Sunetix implements industry-standard technical and organizational measures to protect Your data from unauthorized access, loss, or alteration. However, no system is immune to breaches. You acknowledge that Sunetix is not liable for data loss or exposure caused by third-party attacks, user error, or Force Majeure events (see Section 13).
7.6. International Transfers
Your data may be stored or processed in facilities located outside Your country of residence, including Ukraine, the EU, and the United States. By using the Services, You consent to such transfers and acknowledge that data protection standards may differ across jurisdictions.
7.7. Cookies and Tracking
Sunetix uses cookies and similar technologies to enhance user experience, analyze traffic, and enforce security. Continued use of the Services constitutes Your consent to the Cookie Policy of Sunetix. Third-party services, such as Google Analytics, may also use additional tracking tools governed by their own policies.
7.8. Breach Notification
In the event of a data breach affecting Your personal information, Sunetix will notify You via email within seventy-two (72) hours of confirmation, unless such notification is prohibited by law or investigative requirements.
7.9. Third-Party Services
Sunetix is not responsible for the privacy practices of third-party platforms integrated with the Services (e.g., payment gateways, content management system tools). You are advised to review and comply with their policies independently.
8. Liability and Warranties
8.1. Disclaimer of Warranties
Sunetix provides all Services on an “as is” and “as available” basis without warranties of any kind, whether express or implied. Sunetix makes no guarantees regarding the availability, accuracy, reliability, or fitness of the Services for a specific purpose. Uninterrupted, error-free, or secure access is not guaranteed, and any reliance on the Services is at Your own risk. Sunetix disclaims responsibility for any losses arising from third-party services, software, or content integrated with the Services.
8.2. Limitation of Liability
Under no circumstances shall Sunetix, its affiliates, directors, employees, or partners be liable for any direct, indirect, incidental, consequential, or punitive damages arising from Your use of or inability to use the Services. This includes, but is not limited to, loss of profits, revenue, data, or business opportunities. The total liability of Sunetix for any claim related to this Agreement shall not exceed the total fees paid by You for the Services in the twelve (12) months preceding the claim.
8.3. Indemnification
You agree to indemnify, defend, and hold harmless Sunetix from all claims, damages, losses, or expenses (including legal fees) resulting from:
- your breach of this Agreement;
- violations of applicable laws;
- negligence or misconduct;
- claims brought by third parties, including end users, regulators, or law enforcement agencies.
8.4. Third-Party Services
Sunetix bears no responsibility for third-party services, including but not limited to payment processors, domain registrars, or software providers. Disputes regarding such services must be resolved directly with the respective third party.
8.5. User-Acknowledged Risks
If Sunetix provides advance notice that certain actions taken by You—such as deleting files, modifying configurations, or other changes—may result in data loss, You assume full responsibility for any resulting loss. Sunetix shall not be liable for any data loss if You proceed after receiving such a warning.
8.6. Data Backup and Loss
Sunetix may provide backup solutions as part of certain Services; however, You acknowledge that maintaining up-to-date and independent backups of all data, including websites, databases, and emails, remains Your sole responsibility. Sunetix disclaims liability for data loss under any circumstances, whether caused by user actions (e.g., accidental deletion, misconfigurations) or by necessary operational measures taken by Sunetix (e.g., server maintenance, migrations, security updates).
If We determine that an action on Our part may pose a risk of data loss (e.g., infrastructure upgrades or migrations), We will notify You at least two (2) business days in advance via email or account notification. Failure to create an independent backup upon receiving such notice releases Sunetix from all liability related to data integrity.
8.7. Sunetix-Initiated Actions
In cases where Sunetix determines that a required action (e.g., server migrations, software updates, security patches) may lead to potential data loss, the following steps will be taken:
- You will receive at least two (2) business days’ notice via email or support ticket;
- Sunetix will advise You to back up Your data before proceeding;
- Sunetix will not be liable for data loss if You fail to act on the warning within the notice period.
9. Technical Support
9.1. Scope of Support
Sunetix provides technical support exclusively for issues directly related to the functionality, configuration, and accessibility of the Services. Support includes troubleshooting server errors, network connectivity problems, and account management assistance. Support does not extend to third-party software, custom code, website design, or search engine optimization (SEO).
9.2. Support Channels
Technical support is available exclusively through the ticketing system within the Sunetix client portal and email. Requests submitted via social media or other unauthorized channels will not be acknowledged or addressed. Support tickets must be categorized correctly (e.g., “Billing,” “Technical Issues”) to ensure timely resolution.
9.3. Support Availability
Sunetix offers technical support during standard business hours (09:00–18:00 EET, Monday–Friday), excluding Ukrainian public holidays. Response times vary based on ticket priority and complexity. Emergency support for critical outages is available 24/7 but may incur additional fees.
9.4. User Obligations
You are required to provide accurate, detailed information when submitting support requests, including error logs, screenshots, and steps to replicate the issue. Failure to cooperate may result in delayed or declined assistance. Sunetix reserves the right to refuse support for accounts with overdue payments or unresolved abuse violations.
9.5. Limitations
Sunetix does not guarantee resolution of all technical issues. Support for problems caused by third-party software, user error, or unsupported configurations is provided at the sole discretion of Sunetix. You assume all risks associated with technical interventions, including potential data loss or service disruptions.
9.6. Backup Requirements
Before requesting support for high-risk actions (e.g., server migrations, software updates), You must back up all data. Sunetix is not liable for data loss resulting from support interventions, even if warned in advance.
9.7. Abuse of Support
Harassment, threats, or excessive ticket submissions may result in account restrictions, suspension of support privileges, or permanent termination of Services. Sunetix defines “abuse” at its sole discretion.
9.8. Modifications
Sunetix reserves the right to modify support terms, including availability, scope, and fees, with thirty days’ notice via email or account notifications.
9.9. Survival
Obligations related to support conduct, liability limitations, and dispute resolution survive termination of this Agreement.
10. Third-Party Services
10.1. No Endorsement or Control
Sunetix does not endorse, operate, or control third-party services, software, or content integrated with or accessible through the Services. This includes but is not limited to domain registrars, payment gateways, content management systems (CMS), APIs, plugins, and external applications. Third-party services are provided “as is” and may be subject to separate terms, fees, or privacy policies governed by their respective providers.
10.2. User Responsibility
You are solely responsible for evaluating the suitability, legality, and security of any third-party service before integration. Sunetix disclaims all liability for losses, damages, or breaches arising from third-party services, including service interruptions, data leaks, or compatibility issues. You must resolve disputes with third-party providers directly and indemnify Sunetix against related claims.
10.3. Disclaimer of Liability
Sunetix is not liable for:
- Any changes in the functionality, pricing, or availability of third-party services;
- Misrepresentation, fraud, or negligence by third-party providers;
- Loss of data or access resulting from the termination of third-party services;
- Security vulnerabilities introduced by third-party code or integrations.
10.4. Compliance with Third-Party Terms
You agree to comply with all terms, licenses, and policies imposed by third-party providers. Sunetix may suspend or terminate Your access to the Services if third-party integrations violate this Agreement or expose the infrastructure of Sunetix to legal, financial, or operational risks.
10.5. API Usage
Application Programming Interfaces (APIs) provided by Sunetix or third parties are subject to rate limits, usage quotas, and technical restrictions. Excessive or abusive API requests may result in throttling, suspension, or permanent revocation of access.
10.6. Modifications
Third-party services may be modified, discontinued, or restricted without notice. Sunetix is not obligated to provide alternatives, updates, or migration assistance for affected Services.
10.7. Survival
Provisions related to third-party liability, indemnification, and dispute resolution survive termination of this Agreement.
11. Dispute Resolution
11.1. Governing Law
This Agreement and all disputes arising herefrom shall be governed by and construed in accordance with the laws of Ukraine, excluding its conflict of laws principles.
11.2. Mandatory Arbitration
All disputes, controversies, or claims arising out of or relating to this Agreement, including its validity, breach, or termination, shall be resolved exclusively through binding arbitration administered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC UCCI) in accordance with its rules. Arbitration proceedings shall take place in Kyiv, Ukraine, and shall be conducted in the English language.
11.3. Class Action Waiver
You waive any right to participate in class, collective, or representative actions. Claims may only be pursued on an individual basis and shall not be part of any group, consolidated, or coordinated proceeding.
11.4. Pre-Arbitration Negotiations
Prior to initiating arbitration, the Parties shall engage in good-faith negotiations for a period of thirty (30) days to resolve the dispute informally. Notices of intent to arbitrate must be sent via registered mail to the legal address of Sunetix.
11.5. Enforcement
Judgment on the arbitration award may be entered in any court of competent jurisdiction. Sunetix reserves the right to seek permanent injunctive relief in the courts of Ukraine to prevent irreparable harm or enforce intellectual property rights.
11.6. Costs
Each Party shall bear its own arbitration fees, legal costs, and expenses unless the arbitrator determines that a Party acted in bad faith, in which case the prevailing Party may recover reasonable fees.
11.7. Survival
This Dispute Resolution section shall survive the termination of the Agreement.
12. Revisions to This Agreement
12.1 Right to Modify
Sunetix reserves the exclusive right to modify, amend, or replace any part of this Agreement, including any attached policies, at any time and at its sole discretion. Such modifications may reflect changes in legal requirements, service offerings, operational practices, or industry standards.
12.2 Notice of Changes
Material modifications that materially affect Your use of the Services will be communicated at least in thirty (30) days advance via email to the address on file or through a prominent notice in Your account panel. Non-material changes, such as grammatical corrections or clarifications, may be implemented immediately without prior notice.
12.3. Continued Use as Acceptance
Your continued use of the Services after the effective date of any modifications constitutes your unconditional acceptance of the revised terms. Should You disagree with any changes, Your sole remedy shall be to terminate the Services in accordance with Section 6 (Termination and Suspension).
12.4. Survival of Prior Terms
Disputes arising prior to the effective date of any modifications shall be governed by the terms in effect at the time the dispute arose.
12.5. Exemptions
Modifications to core provisions of this Agreement, including but not limited to dispute resolution, governing law, and liability limitations, may only be amended through a written agreement executed by both Parties.
12.6. User Responsibility
You are solely responsible for periodically reviewing the Agreement to stay informed of any updates. Sunetix shall not be held liable for any losses resulting from Your failure to review or acknowledge modifications.
13. Force Majeure
13.1. Definition
Sunetix shall not be held liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control. Such circumstances include, but are not limited to, natural disasters, acts of war, terrorism, government restrictions, pandemics, cyberattacks, infrastructure failures, supplier insolvency, internet outages, or energy shortages.
13.2. Suspension of Obligations
In the event of a Force Majeure occurrence, the obligations of Sunetix under this Agreement shall be suspended. Services may be temporarily interrupted, restricted, or degraded without prior notice. Sunetix will make reasonable efforts to mitigate the impact and resume normal operations as soon as reasonably practicable.
13.3. User Responsibilities
You remain responsible for all fees and charges incurred prior to or during the Force Majeure event. If Services are partially available, You are required to continue complying with all terms of this Agreement, including the Acceptable Use Policy.
13.4. Termination Rights
Should a Force Majeure event persist for more than thirty (30) days, either Party may terminate this Agreement without penalty by providing written notice. Sunetix shall refund prepaid fees for Services not rendered due to termination, except where prohibited by law.
13.5. No Liability
Sunetix disclaims all liability for any losses, damages, or expenses incurred due to Force Majeure events, including data loss, revenue impact, or reputational harm. You acknowledge that Sunetix has no obligation to compensate You for any interruptions beyond its control.
13.6. Notification
Sunetix will notify You of any Force Majeure events affecting the Services via email or account alerts, where feasible. Failure to provide such notice shall not constitute a breach of this Agreement.
13.7. Survival
The provisions concerning payments, liability limitations, and dispute resolution shall remain enforceable during and after the occurrence of any Force Majeure event.
14. Miscellaneous
14.1. Entire Agreement
This Agreement, including all referenced policies, constitutes the complete and exclusive understanding between You and Sunetix regarding the Services. It supersedes all prior oral or written agreements, proposals, or communications.
14.2. Severability
If any provision of this Agreement is deemed unenforceable by a court or arbitral tribunal, the remaining provisions will remain fully valid and enforceable. The unenforceable provision shall be modified to reflect the Parties’ original intent to the maximum extent permitted by law.
14.3. Assignment
You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Sunetix. We may assign this Agreement, in whole or in part, to affiliates, subsidiaries, or successors without notice.
14.4. Waiver
No failure or delay by Sunetix to enforce any right or remedy under this Agreement constitutes a waiver. Waivers must be explicit, in writing, and signed by an authorized Sunetix representative.
14.5. Notices
All formal notices to Sunetix must be sent via registered mail to the legal address provided in (Section 1: Introduction). Notices to You will be sent to the email address or account panel associated with Your Services.
14.6. Headings
Section headings are provided for convenience only and do not affect the interpretation of this Agreement.
14.7. Third-Party Beneficiaries
Except as expressly stated, this Agreement does not confer rights or remedies to any third party, including end users, affiliates, or suppliers.
14.8. Language
This Agreement is drafted in English. Any translated versions are provided for convenience only. In case of conflict, the English version prevails.
14.9. Survival
Provisions that by their nature extend beyond termination, including but not limited to liability limitations, indemnification, dispute resolution, and payment obligations, remain in effect indefinitely.
14.10. Electronic Signatures
Your use of the Services constitutes acceptance of electronic signatures, contracts, and records as legally binding equivalents to physical documentation.
14.11. Contact
For any questions regarding this Agreement, you may contact Sunetix either by emailing legal@sunetix.org or by submitting a request through the ticketing system.