1. Definitions
1. Client: the natural or legal entity with whom the agreement to
supply products and services from SIA CyberGroup is concluded.
2. Services from SIA CyberGroup: Every assignment to be
delivered or that has been delivered by the supplier based on the
agreement, as well as all materials and results produced that are
intended for consumers.
3. Agreement: each mutual acceptance (bank transaction/verbal
agreement), confirmed in writing or by electronic mail, to supply
one or more of the products or services from SIA CyberGroup
2. Relevance
1. Unless otherwise mutually agreed between parties in writing, the
articles below apply to every offer, order, or agreement from or
with SIA CyberGroup
2. General terms and conditions from clients and, in particular, third
parties are not binding on and do not apply to SIA CyberGroup
3. Offer and Acceptance
1. All quotations and price indications by or on account of
SIA CyberGroup are without obligation, unless specified
otherwise by SIA CyberGroup in writing or by electronic mail.
2. Offers or quotations made by SIA CyberGroup are valid for 14
days unless specified otherwise.
4. Start of the Agreement
1. An agreement comes into force on the day on which the
following conditions are fulfilled: The ordering system on the
website (www.cybergroup.tech) is complete and the client has
credited the payment to the financial account of SIA CyberGroup
2. Parties are free to use other methods to demonstrate that the
agreement has come into force.
3. Additions and amendments to the agreement must only be made
in writing or by electronic mail
5. Duration and Termination
1. The agreement is entered into for an undetermined period.
2. The agreement may be dissolved 30 days before the end of a
period. In the event of colocation, this deadline shall be 3 months.
3. SIA CyberGroup may end the agreement with immediate effect
if the client fails to comply with one or more of his obligations
toward SIA CyberGroup, or fails to comply adequately or fully, or
if he acts in violation of the agreement.
4. SIA CyberGroup is entitled to terminate the agreement without
notice or judicial intervention if the client is declared bankrupt, has
requested or obtained suspension of payment, or is no longer in
free control of his assets in some other way. In such cases, the latter
party will have no right to compensation.
5. Without prejudice to the specification in Article 4, SIA CyberGroup is entitled to terminate the agreement with immediate effect
and without judicial intervention if:
- The client makes improper use of the Internet
- The client disseminates information that conflicts with national or
international laws and regulations
- The client disseminates information that conflicts with generally
accepted standards and values
- The client disseminates information that is discriminatory with
regard to appearance, race, religion, gender, culture, or ethnicity,
or that can be deemed offensive in any other way.
Delivery and Delivery Time
1. The installation of a dedicated server will take place within 2 working days after the start of the agreement, provided that all hardware is in stock.
7. Force Majeure
1. In terms of the agreement, force majeure is understood to mean
everything relating to it as understood in terms of law and
jurisprudence.
2. SIA CyberGroup will not be held to its obligations arising from
the agreement if it is not possible to fulfill them as a result of force
majeure. The agreement will then be dissolved.
8. Prices
1. All prices specified on this site, as well as any agreed prices,
exclude sales tax unless specified otherwise.
2. SIA CyberGroup is entitled to change the tariffs. These changes
will be made known to the client at least one month before they
take effect. The client will be entitled to terminate the contract on
the date on which the change takes effect.
9. Payment Conditions
1. The client's obligation to provide payment begins on the day on
which the agreement takes effect. The payment relates to the
period that begins on the day on which the products and services
of SIA CyberGroup are actually made available.
2. The remuneration that is due on account of the agreement
excludes sales tax and any other taxes that are the result of
statutory regulations. The client also owes the remuneration that
results from these conditions.
3. Depending on the date on which the agreement takes effect, the
costs owed will be billed for payment in advance, and must be
settled in advance by invoice on a monthly basis. If this is not done,
SIA CyberGroup retains the right to halt the service (temporarily).
Remuneration for other costs must be settled in advance on a
monthly basis. Any reactivation will entail an amount of EUR 119
excluding sales tax.
4. SIA CyberGroup shall send the client an invoice for the costs
related to the agreement on each payment date.
5. If the client has not paid on time, this will be communicated to
the client and a further payment date will also be specified. If
payment is again not made within this deadline, the client will be in
default without further notice.
6. If the client believes that the invoiced costs are incorrect, the
client may raise his objections with SIA CyberGroup within two
weeks of the date of the invoice. On receipt of the objection,
SIA CyberGroup will examine the accuracy of the invoiced
amount.
7. The client will be in default from the time at which the
remuneration that is due has not been settled with SIA CyberGroup due to the fault of the client.
8. If due amounts are not received due to the fault of the client, the
server for the account will be removed by SIA CyberGroup
and/or additional costs will be billed.
10. Intellectual Property Rights
1. The client is permitted to download and use the software on the
SIA CyberGroup site; this software is not subject to any
(intellectual) property rights, or these rights are expressly not
exercised (freeware).
2. The client must respect the intellectual property rights with
regard to protected software and/or other works (including
shareware) and shall protect SIA CyberGroup against any claim.
11. Retention of Property
1. The material produced by SIA CyberGroup is and will remain
the property of SIA CyberGroup
2. The material installed by the client for colocation services is and
will remain the property of the client.
12. Liability
1. SIA CyberGroup offers unmanaged services. The activities of
SIA CyberGroup depend on the cooperation, services, and
deliveries of third parties, over which SIA CyberGroup has little
or no influence. Therefore, SIA CyberGroup may not be deemed
liable in any way for any loss that results from the relationship with
SIA CyberGroup or the severance thereof, irrespective of
whether the loss arises or becomes visible during the relationship
with SIA CyberGroup
2. In the event of liable shortcomings in the fulfillment of the
agreement, SIA CyberGroup will be liable only for alternative
compensation, i.e. compensation of the value of the performance
that was lacking. All liability on the part of SIA CyberGroup for
any other form of loss is excluded; this includes supplementary
compensation in any form, compensation for indirect loss or
consequential damage, or loss as a result of lost sales or profit.
3. The client shall safeguard SIA CyberGroup against all claims for
compensation that may be raised by third parties with regard to
losses that have been incurred in any way through the wrongful or
improper use of products and services supplied to the client by
SIA CyberGroup
4. Considering the large number of points of interaction involving
human input on the Internet, and the use of local networks and
wireless communication, it must be remembered that information
obtained or sent via the Internet is freely accessible. SIA CyberGroup cannot be held liable for loss in any form, nor for the
safeguarding or misuse by third parties of data that is stored.
5. SIA CyberGroup is not responsible or liable for the content of
promotional material supplied by the client.
6. The client is liable for all losses that may be incurred by
SIA CyberGroup as a result of a shortcoming on the part of the
client in the fulfillment of the obligations arising from the agreement
and these conditions.
7. The client must notify SIA CyberGroup directly in writing of
any changes to the client's details. Should the client not do so, the
client is liable for any loss incurred by SIA CyberGroup as a result
of this.
13. Transfer of Rights and Obligations
1. Parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without prior written consent from the other party.
14. Decommissioning
1. SIA CyberGroup is entitled (temporarily) to decommission
delivered products and services and/or to restrict their usage if the
client does not fulfill one or more obligations relating to the
agreement toward SIA CyberGroup, or if he is in conflict with
these General Terms and Conditions. SIA CyberGroup shall notify
the client of this in advance, unless it is not reasonable to require
this of SIA CyberGroup The obligation to pay the owed amounts
will also continue to apply during the decommissioning period.
2. Service will be resumed if the client has fulfilled his obligations
within a period specified
by SIA CyberGroup and has paid a relevant specified amount for
resumption of service.
15. Complaints
1. With regard to observable defects, the client must make a
complaint in writing at the most 8 days after delivery; should he fail
to do so, all claims against SIA CyberGroup will lapse.
2. Complaints relating to invisible defects must be made in writing
by means of a signed letter within 8 days of the point at which the
defect was identified, could have been identified, or should have
been identified. Should this not be done, then all claims against
SIA CyberGroup will lapse.
3. If the complaint is justified, the supplied products or services will
be amended, replaced, or reimbursed, after consultation.
4. A complaint does not suspend the client's obligations.
16. Changes to the Terms and Conditions
1. SIA CyberGroup retains the right to change or supplement
these Terms and Conditions.
2. Changes will also apply to agreements that have already been
concluded, with due observance of a period of 30 days after written
notification of the change.
17. Settlement of Disputes and Applicable Law
1. If a court ruling declares one or more articles of these conditions
to be invalid, the other
stipulations of these general conditions will remain in full force.
SIA CyberGroup and the client shall consult on new stipulations
to replace the invalid or canceled stipulations, whereby
consideration shall be given, wherever possible, to the goal and
scope of the invalid or canceled stipulations.
2. The agreement is subject exclusively to the law of the
Latvia.
18. Network
1. No CDN or Streaming Media. Customer shall not be entitled to use the products and services for the purpose of (1) operating a ‘Content Delivery Network’; and/or (2) ‘Streaming Media Services’; except with SIA CyberGroup’s prior written consent, which consent may be granted or withheld at SIA CyberGroup’s sole discretion. The statements in this article are not applicable on “SIA CyberGroup Unmetered” services.
19. Balance
1. The client can deposit balance on the account. The balance can be used to pay invoices. Balance cannot be withdrawn.
20. Mining
1. Using SIA CyberGroup services for mining purposes i.e. for cryptocurrencies is prohibited, except with SIA CyberGroup’s prior written consent.
SIA CyberGroup uses your personal data to provide you with services or to respond to your request and make a proposal regarding a service of SIA CyberGroup It is essential for us to handle your personal data in a responsible manner. We do so by processing your personal data in a secure and diligent manner. SIA CyberGroup thereby observes current legislation in the field of the protection of personal data.
SIA CyberGroup
SIA CyberGroup is an internet service provider (ISP) which facilitates the provision of internet connections, data center services, and housing facilities.
The following personal data is processed by us:
Intended by personal data is all information about an identified or identifiable natural person (“the person concerned”). Considered identifiable is a natural person who can be identified directly or indirectly. SIA CyberGroup disposes of the personal data which you yourself have furnished when requesting an offer or service. The following personal data is processed by us.We use your data for the following purposes:
For the implementation of an agreement between you and SIA CyberGroup At the moment you sign an offer or order a service, an agreement is concluded between you and SIA CyberGroup We process your data to implement that agreement. SIA CyberGroup cannot provide services to you without using your data to do so.
To order a service
The information you fill out on the quotation form or digitally through the website is registered. This is how we can start processing your request for a new service.
For customer relations
Your information is also used to manage the relations between you and SIA CyberGroup This could be for matters like support when using a service, for an update or notification regarding a complaint or malfunction, and for advice.
For administration, invoicing, and payment
Your information is used for administrative purposes. That means that your information is used for invoicing, accounting, and for what is obligatory to keep records pursuant to legislation and/or regulations. We maintain consumption statistics for the services we supply so you can be invoiced based on the consumption of the services to which this is applicable. To activate credit card payments, we ask for a copy of your credit card plus a copy of your ID whereby the only thing which counts is that the names on both documents correspond, that the credit card has not expired and that the last 4 digits of the credit card are visible. You may shield the rest of the information. We ask you for this information to prevent credit card fraud.
To provide or implement a service
We need your information to enable the provision of services. This may be the enabling of a data session and personal verification for the purpose of securing a service.
Legitimate interest of SIA CyberGroup
Besides the information we need for the implementation of the agreement you have with us, we process your data for market research, marketing, sales purposes and the sound execution of our provision of services. Your address, e-mail address and (mobile) phone number which are on file with us can be used for commercial propositions. Commercial propositions can take place by e-mail, telephonically or by regular mail. We offer you the possibility with any type of communication to indicate you prefer not to receive these offers in the future. We never sell your personal information to third parties for marketing or sales activities. We may transfer a claim to a collection agency at the moment an invoice is outstanding and despite multiple reminders you have not proceeded to provide settlement. At the moment the claim is handed over, the collection agency receives a minimum of information allowing it to collect the claim. The following information is shared with the collection agency: name, address, phone number, e-mail, and invoice information. To improve the provision of services, phone conversations may be recorded. This will always be communicated in advance. Traffic information may be aggregated by us to prepare analyses. These analyses are used to improve and optimize the provision of services. These may be, for instance, the improvement of an Internet route to a specific destination.
Consent
Consent SIA CyberGroup can ask you for permission to process certain personal data. In case you have granted your permission for this, you can at all times withdraw it. The withdrawal of the permission can be realized in the following manners: through a link in the electronical messages, by way of a support request.
Legal obligations
SIA CyberGroup can be legally forced in certain cases to cooperate with a ruling to furnish personal data of clients to competent government institutions. The further processing of that data falls under the responsibility of those government institutions. SIA CyberGroup only cooperates with such a ruling if we have established that the ruling meets the legal requirements.
For how long we keep your personal data
Your data is kept in any case over the course of the effective time of the agreement between you and SIA CyberGroup The preceding does not mean that we will keep this information available for all the purposes mentioned in this privacy statement, which we only do to the extent this is necessary for a specific objective. SIA CyberGroup keeps your data for at least 2 years, and fiscal data for 7 years. In case of the legally mandatory storage of personal data, SIA CyberGroup keeps your data for the period which is legally obligatory, and we will remove them definitively from our systems after expiry of this period.
Security
SIA CyberGroup takes security very seriously, which is apparent, for instance, from the certifications we have. We make sure, therefore, that appropriate measures have been taken with regard to the protection of your personal data, to prevent abuse, loss, unauthorized modifications and undesired disclosure. Were you to have the idea that your data is not protected well or if there are indications of abuse, please contact our support department immediately. SIA CyberGroup informs you directly when there is a situation which constitutes a risk for your data having, nevertheless, leaked and this may have adverse effects for you.
You have the following privacy rights
Pursuant to the General Data Protection Regulation (GDPR), you have the following rights. In case you file a request regarding the rights below, SIA CyberGroup will respond to it within 4 weeks. You can submit a request by e-mail, or telephonically. In the request you must insert your name, address, and phone number and you must indicate what personal data your request is in regard to. Making a request is free of charges, unless you make unfounded or excessive demands. Before we can grant your request, we are legally obligated to identify you. If we refuse a request, we will clarify what the reasons are for doing so.
Right to information
It must be clear for the person concerned that his or her personal data is processed and that this is done in an adequate and transparent manner. An active information duty pertains vis-a-vis the person concerned. By way of this privacy statement, SIA Cybergroup provides you with this.
Right of perusal
You, as a concerned person, have the right to peruse your personal data. You can request from SIA CyberGroup what personal data is registered on you and for what purposes your data is used.
Right to rectification
You, as a person concerned, have the right to rectification if inaccurate personal data is being processed. Most alterations with regard to personal data you can apply yourself through the portal (www.cybergroup.tech/whmcs/). In case you are unable to modify certain data yourself, you can send an e-mail to the support department, so this can be sorted out for you.
Right to be forgotten
You, as a person concerned, have the right to submit a request to have your personal data deleted. SIA CyberGroup can only comply with this request if we are not obliged to keep your data or if the data is still necessary to provide services to you in conformity with the concluded agreement.
Right to limit the processing
You, as a person concerned, have the right to limit the processing of your personal data if you are of the opinion that the processing of your personal data by SIA CyberGroup is illegitimate or if SIA CyberGroup no longer needs your data but you do not want the personal data to be removed yourself. In that case, your data will remain stored but are in principle not used any longer.
Right to transferability/data portability
You, as a person concerned, have the right to being able to obtain your personal data in a structured, customary, and legible form so as to be able to offer this data to another processor or to directly have them transferred to another processor. You can submit a request with SIA CyberGroup for data portability. We will make available the personal data we have on you (electronically).
Right not to be subjected to computerized individual decision-making/profiling
You, as a concerned person, have the right not to be subjected to computerized individual decision-making. In three cases computerized decision-making is possible however, that is in case:
Receivers
For the implementation of the provision of services as well as for the administration, SIA CyberGroup collaborates with partners. To the extent we are obliged to share your data with these partners, we take care of sound arrangements which guarantee that your personal data is well-secured and are exclusively used on order of SIA CyberGroup for the specific purposes which we have mentioned in this statement.
Contact
In case you have questions or comments in connection with our privacy statement, we will only be happy to hear them. You can contact us by mailing to [email protected]
A cookie is composed of data which is sent to your browser through a server. This data is then stored as a file on your device. SIA Cybergroup makes use of various types ofcookies. SIA Cybergroup uses functional cookies to store data for user’s ease so you do not need to fill out the same information every time you request a certain page from our web site.
SIA CyberGroup also makes use of analytical cookies to determine what components of the website are interesting for our visitors. In addition, we use these cookies for the optimization of the website. We do so by making use of third-party software such as Google Analytics and Chatstack.
In conclusion, SIA Cybergroup makes use of tracking cookies. We use these cookies to keep track of the pages you visit so we can create a profile for your on-line behavior.This profile is not linked to your name, address, e-mail address and such, but is only intended to align advertising with your profile so it will be as relevant to you as possible. You have the possibility of changing yourcookie-settings later on.