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CONTRACT OFFER

1. DEFINITIONS

  1. FOTBO: a private limited liability company Podaon SIA (LV40103450338), registered at Latvia, Riga, Ernesta Birznieka-Upisa iela 18, LV-105-0, the user of these terms of service, hereinafter referred to as FOTBO.
  2. CLIENT: FOTBO counterparty, hereinafter referred to as the CLIENT.
  3. Services: services rented by the CLIENT from FOTBO as outlined in the (online) order (also referred to as the contract).
  4. Terms of Service: The terms of service ('TOS') include the provisions of the general terms and conditions, as well as the policies and guidelines that provide clarification regarding the conditions for using the services.

2. SERVICE FEES

  1. To use the services, the CLIENT pays FOTBO the current service fee specified in the (online) order.
  2. All prices are stated in EUR excluding VAT, third-party fees (such as transaction fees from a bank or (online) payment provider), and any other taxes or duties imposed by the government. The CLIENT pays for services in this currency unless agreed otherwise.
  3. FOTBO has the right to change the rates charged to the CLIENT. The CLIENT will be notified of these changes via email and/or the FOTBO website at least one (1) month before they take effect. The CLIENT has the right to terminate the contract, effective from the day the change takes effect, provided that the price change constitutes a price increase.
  4. Payment (on a prepaid basis) must be made within fourteen (14) days from the date of the invoice through the method determined by FOTBO.
  5. If service maintenance fees are not paid, the service will be temporarily suspended. To continue using the service, the CLIENT is required to make the payment.
  6. If the CLIENT has not opted for automatic service renewal, it must be renewed manually. Disabling automatic service renewal will result in the service being halted upon its validity period expiration. When using automatic service renewal, it is enough to top up your balance with the amount required to extend the service for the period selected in the automatic renewal.
  7. FOTBO reserves the right to terminate the service if it was suspended due to non-payment and the necessary payment to renew the service was not received. In such a scenario, FOTBO reserves the right to remove the suspended service. If payment is not made, the service will be deleted after a 7-day period.

3. TERM AND TERMINATION OF AGREEMENT

  1. A contract is entered into for a specified period of time unless the nature of this agreement states otherwise.
  2. Upon expiration, the contract is renewed for the same duration as the original term, unless one party notifies the other party in writing indicating that they do not consent to the renewal. A notice period of at least one (1) day must be given.
  3. FOTBO has the right to (partially) suspend its obligations or terminate the contract if:
    • The CLIENT fails to fulfill their obligations under the contract, either partially or fully, or if they fail to meet the timeline.
    • FOTBO has reasons to believe that the CLIENT may not be able to fulfill their obligations based on the information received after the contract is signed.
  4. Upon termination or expiration of the contract:
    • FOTBO must cease to provide all services;
    • FOTBO has the right to erase and delete all CLIENT data from FOTBO's equipment;
    • FOTBO has the right to make the equipment available for use by other CLIENTS.
  5. The competent judicial authorities of Latvia hold exclusive jurisdiction to hear and resolve any case, claim, or proceeding, as well as to settle any disputes that may arise in connection with the contract or other agreements, as well as any related legal matters.
  6. These Terms of Service (TOS) can be provided by FOTBO upon request. They are also available for viewing and downloading on the FOTBO website.
  7. In accordance with prevailing circumstances, either the most current version of these terms and conditions or the version in effect at the time of entering into a legal relationship with FOTBO shall be deemed applicable.
  8. FOTBO reserves the right to unilaterally make changes (in part) to the contract and its accompanying documentation. Such amendments also apply to existing services unless FOTBO states otherwise. The amendment takes effect upon application or a later date specified in the application.
  9. FOTBO has the right to suspend an account if the user has been inactive for more than 12 months.

4. USE OF SERVICES

  1. Engaging in brute force attacks, port scanning, spamming (scripts intended for sending messages to forums, chats, feedback forms, email, etc.), supporting hacking, intrusion, phishing, and other illegal activities on the internet is strictly prohibited.
  2. Storing any type of computer virus in the provided disk space is prohibited.
  3. Cryptocurrency mining is prohibited.
  4. When ordering a service with a trial or test period, FOTBO reserves the right to terminate service provision and delete the server in the event of any inactivity on the CLIENT's part.
  5. VPNs and proxies can only be hosted for personal use. Hosting public or commercial VPN/proxy is prohibited.
  6. The use of the Services for conducting DDoS attacks or any other malicious activities, as well as engaging in actions prohibited by Latvian legislation, is strictly prohibited.
  7. FOTBO reserves the right to limit the channel speed to 10-100 Mbps or block the server in case of high network activity for a long period of time, which leads to network equipment load exceeding 90%, or in case of exceeding the traffic limit of 10TB for VPS/VDS and 100TB for dedicated servers.
  8. FOTBO reserves the right to restrict or block the operation of a virtual server in case of prolonged high processor load exceeding 90%, resulting in server equipment strain, unless the CLIENT resolves the situation by upgrading the tariff plan, optimizing, or removing scripts causing excessive loads.
  9. All received complaints are forwarded to the CLIENT, along with a specified deadline for response. If a server has been stopped due to a violation complaint, and no action has been taken to address the issue within 7 days, FOTBO has the right to release/delete the server.
  10. FOTBO reserves the right to refuse service to a CLIENT if, in FOTBO's judgment, the CLIENT's content or software is unlawful, obscene, threatening, or violates these Terms of Service (TOS) in any way. Access to the service may also be restricted. The service may be suspended or removed from FOTBO's equipment with prior notice sent to the CLIENT.
  11. Broadcasting copyrighted materials (such as TV broadcasts, IPTV, live broadcasts, and sports events) without permission from the copyright holder is strictly prohibited.
  12. Hosting online casinos, slot machines, and any gambling games without the appropriate license is strictly prohibited.
  13. Creating multiple accounts by a single owner with the intent to bypass blocking is strictly prohibited.

5. OTHER PROVISIONS

  1. In compliance with current legislation regarding the protection of personal data, the CLIENT's personal information is considered confidential.
  2. FOTBO reserves the right to suspend services and may suspend a CLIENT's access to the service for maintenance purposes.
  3. The CLIENT acknowledges that FOTBO will periodically conduct (emergency) maintenance to ensure the smooth operation of the services, network, and data center. Such maintenance may affect the provision of services to the CLIENT.
  4. FOTBO retains the right to relocate services and (temporarily) suspend services in relation to such relocation.
  5. FOTBO does not guarantee service availability or that the software or any other offered materials are error-free. However, FOTBO makes all reasonable efforts and takes necessary measures to prevent errors.
  6. FOTBO is not liable for direct or indirect damages suffered by the CLIENT may incur using or being unable to use the services, including losses arising from errors, omissions, downtime, file deletion, defects, data processing delays, transmission delays, feature changes, and other causes. Additionally, FOTBO cannot guarantee email acceptance from networks with IP addresses blacklisted or ignored by the FOTBO email CLIENT.
  7. FOTBO is not responsible for the quality of public communication channels used to access the services.
  8. The CLIENT takes full responsibility and assumes all risks associated with utilizing Internet services. This includes the responsibility to assess the accuracy, comprehensiveness, and usefulness of any opinions, ideas, and other information, as well as the quality and attributes of products and services distributed on the Internet and delivered to the CLIENT through these services.
  9. The CLIENT is fully responsible for the security of their password and any losses that may occur due to its unauthorized use. In the event of login and password theft due to third-party fault, the CLIENT has the option to request a change of login and password from FOTBO, provided that they submit necessary identity verification documents and proof of payment for services.
  10. FOTBO is not liable for any third-party actions that lead to password theft and/or information loss.
  11. FOTBO is not responsible for notifying any third parties about the termination of the CLIENT's access to services, or for any potential consequences resulting from a lack of such notification.
  12. FOTBO only processes CLIENT requests sent from the CLIENT's contact email address or submitted within the service area (personal account) on the official FOTBO website The email address provided during registration on the FOTBO website is considered the contact email address. The CLIENT has the option to request to change their contact email address in the registration database through the service area (personal account) on the official FOTBO website.
  13. In exceptional situations, the CLIENT may be asked to undergo verification, confirming their phone number through an incoming call from our operator.
  14. All payer information provided by the CLIENT to FOTBO must be complete, reliable, and accurate.
  15. The CLIENT guarantees that the funds used for payment to FOTBO are legally obtained, freely transferable, and not associated with any criminal activity, money laundering, or terrorist financing.

6. REFUNDS

  1. If the CLIENT decides to cancel services within 30 days of starting them, FOTBO will take steps to reimburse any unused funds, unless the account is suspended for violating the terms of the TOS. Otherwise, FOTBO will not make any refunds.
  2. When processing a refund, we take into consideration any discounts applied during the initial service payment, meaning only the actual amount paid is refunded, excluding any bonuses or similar incentives.
  3. Refunds will be processed within 30 days using the method selected by the company.
  4. Additionally, any third-party (gateway) payment or transaction fees will be deducted from the refund.
  5. If, the CLIENT who requests a refund, causes the company to suffer losses (such as disconnected servers, network issues, IP address blacklisting, etc.), the refunded amount will be reduced based on the expenses incurred for each specific case.
  6. We don’t issue refunds if services are blocked due to a violation of these Terms of Service (TOS).
  7. No refund will be made to the CUSTOMER if the interruption in the provision of the Services is caused by the following events:
    • Force majeure;
    • The CUSTOMER stores or transmits content that is unlawful, harmful, discrediting or infringes the rights of others;
    • The actions of the CUSTOMER violate the rules for the provision of services under this AGREEMENT;
    • The CUSTOMER's actions have jeopardised the security, stability or performance of FOTBO's servers;
    • The CUSTOMER has engaged in illegal activities or activities that interfere with the provision of services to other customers;
    • The failure occurred in environments controlled by the CUSTOMER;
    • Repeated disregard by the CUSTOMER of the instructions of specialists regarding the use of the services provided by FOTBO;
    • Use of the service for purposes for which it was not intended;
    • Performing a Denial of Service (DoS) or Distributed Denial of Service (DDoS) attack by a third party;
    • The CUSTOMER has been caught engaging in any form of unauthorised distribution (spam);
    • The CUSTOMER has violated the norms of etiquette, namely the use of vulgar language in telephone conversations or correspondence with FOTBO specialists.

7. APPLICABLE TERMS AND CONDITIONS

  1. All agreements between the CLIENT and FOTBO are subject to the laws of Latvia.
  2. The competent judicial authorities of Latvia hold exclusive jurisdiction to hear and resolve any case, claim, or proceedings, as well as to settle any disputes that may arise in connection with the contract or other agreements, as well as any related legal matters.
  3. These Terms of Service (TOS) can be provided by FOTBO upon request. They are also available for viewing and downloading on the FOTBO website.
  4. In accordance with prevailing circumstances, either the most current version of these terms and conditions or the version in effect at the time of entering into a legal relationship with FOTBO shall be deemed applicable.
  5. FOTBO reserves the right to unilaterally make changes (in part) to the contract and its accompanying documentation. Such amendments also apply to existing services unless FOTBO states otherwise. The amendment takes effect upon application or a later date specified in the application.