Any order using our website and any using or interaction with our website without ordering means that you are accepting the terms and conditions detailed below.
The general terms and conditions will apply to all Services rendered by Binax sp z.o.o (hereinafter referred to as Binax) via the website binax.cloud to the Client. Do not use Binax website or any of the Services provided on it unless you accept the terms and conditions herein.
The general terms and conditions are deemed accepted by the Client by placing an Order to Binax, and thus entering into a contract with Binax further to Binax confirming the Order; this stands for a services agreement regulating the contract relation between Binax and the Client.
In accordance with the legal provisions, we inform you that you will lose the right to withdraw after the full execution of the contract by Binax
Terms
- Acceptable Use Policy: the acceptable use policy (as may be amended from time to time) which is published on our website binax.cloud;
- Client: Individual/legal entity placing an Order;
- Binax: the company Binax sp z.o.o, registered with the Commercial Register no. KRS 0000796690, with the main office in ul. Domaniewska 17/19/133, 02-672, Warsaw, Poland.
- Services: any services offered by Binax sp z.o.o, as indicated in the Order, and to be provided by Binax to the Client.
- Order: the agreement between Binax and the Client whereby Binax undertakes to deliver the Services, and the Client undertakes to pay for the value thereof. Order is placed on binax.cloud and its sub-domains and is displayed as a service in Client Area. Each service is treated as a separate Order.
- Agreement: an Order which is confirmed by the Binax
By processing an Order on the website binax.cloud, the Client agrees to the website’s Terms and Conditions. Order acceptance by Binax is deemed completed and the service provided at the time of email confirmation no later than 21 calendar days after the order is placed and paid for. Until Binax has confirmed the Order, a contract between Binax and the Client shall not be created.
- Placing an Order: Once the desired Services have been selected and added for purchase, the Client shall proceed to the payment thereof as per the payment methods detailed under Means of Payment section. The Client undertakes to enter complete, accurate and true data into the respective form. Domains are registered in keeping with the applicable legislation. Binax cannot be held accountable for any damages caused by any client supplying inaccurate or incomplete information. The Client agrees to pay for the value of our Services in advance for the period during which such are to be supplied (on a monthly or longer basis - quarterly, half-yearly, yearly, etc.).
- Services offered:
- Hosting services
- IT consultancy and support services
- Server administration services
- Any other services that could be ordered on the website or agreed with the Client, and ordered on the website
Details about the characteristics of the products or services are available on the website under the respective category, or by phone or e-mail, upon request.
Rates (Prices)
The rates displayed on binax.cloud are expressed in EUR/USD/PLN and are not inclusive of the VAT. Binax is entitled to change the rates displayed on binax.cloud, as well as to modify the characteristics of the offered packages.
Before completing any order, Binax reserves the right to change the prices for the Services offered via the website at any time, and Binax offers no price or reimbursement guarantees in case of a price reduction or promotional offer subsequent to the purchase.
Binax may adjust the prices once a year according to the Polish consumer prices annual rate calculated on the basis of the Harmonized Index of Consumer Prices (HICP). For such increases, the Customer’s approval shall not be necessary.
Means of Payment
Online Payment
The payment can be made online by card or any e-payment method supported by Stripe and other e-payment platforms, under full security conditions. Additional fee can be charged for the transactions. Payment platforms have own exchange rate over which Binax is not responsible
Wire Transfers (Warrant of Payment)
Payment by Warrant of Payment can only be made based on a proforma invoice issued by Binax and emailed to the Client.
Order processing and service delivery are executed after the confirmation of the payment of the relevant proforma invoice into the account below.
Company name: Binax sp z.o.o
Address: ul. Domaniewska 17/19/133, 02-672, Warsaw, Poland.
Bank account:
Santander Bank Polska S.A.
PLN:
PL70109016940000000143230654
EUR: PL78109016940000000143230704
USD: PL82109016940000000143230729
Bank country: Poland
SWIFT WBKPPLPP
Suspension of Services for Payment Default
Binax is entitled to suspend any service where any charges due under the Agreement remain unpaid the next day from their due date.
Termination of Account and Suspension of Services for Payment Default
Binax is entitled to cease providing any service and terminate the Agreement where any charges due under the Agreement remain unpaid after 72 hours from their due date, the service contract being considered terminated with no further procedure needed to be followed upon.
Right to Withdrawal
Each of the services is offered a 3-day guarantee period during which the amount paid can be reimbursed in full, if the withdrawal right is exercised, without any reason. We inform you that you will lose the right to withdraw after the execution of the contract by Binax, within 3 days.
The withdrawal period expires after 3 days starting on the day when the order was launched or the payment of the price was made or client was provided with credentials to access and use the service.
To exercise your right to withdrawal, you must let us know about your decision to withdraw from this agreement by means of a straightforward statement, submitted for instance as mailed letter at the registered address of the company or email to legal@binax.cloud or a ticket to a Sales Department in the Client Area on binax.cloud. A withdrawal request must not be submitted in any particular form, but must clearly indicate an intent to withdraw funds and point to a particular order and a particular service.
To meet the withdrawal deadline, you simply submit the communication on the exercise of the withdrawal rights before the expiration of the withdrawal period.
Should you decide to withdraw, we will reimburse any amount collected from you no later than 14 days since the date when we were informed of your decision to withdraw from this agreement. We shall perform the respective reimbursement using the same means of payment as you used to make the initial payment; anyway, no fees will be charged in respect of such a reimbursement.
The right to withdrawal is no longer effective once the services have been provided, within 3 days.
Termination
At the Client’s request, the Agreement may be terminated subject immediately or at the end of current billing period of a service. In case of immediate termination, Binax can, but is not obliged, at the Client's request to compensate the recalculated calendar cost of unperformed services within the current billing period by transferring money to the balance of Client’s account on the site binax.cloud. Reimbursement of unperformed services within the current billing period cannot be made to another account on the website binax.cloud or within any means of payment.
The termination requests will not be accepted as long as there are outstanding amounts in Client’s account. The termination requests should be submitted in Client Area on website binax.cloud by respective button or a ticket to Sales Department.
Either Binax or the Client may terminate the Agreement (without prejudice to their other rights) if the other party commits a material breach of the Agreement (including, without limitation, a breach of the Acceptable Use Policy by the Client).
Uptime (Service Availability)
Binax guarantees an uptime of 99.9%. Should the Services not meet the 99.9% uptime level, Binax may offer a month of free Services. The gratuity can be claimed by contacting the finance department by email a sales@binax.cloud, and we may approve such request at our discretion. The uptime of our servers is defined under the OS reports and our own monitoring systems, which means that it can be different of the uptime reported by other monitoring systems.
Backup
The clients have full responsibility for the use of the Services. Binax does not keep any backups. Optional Binax can offer additional backup services for a fee, but will recommend keeping your own backups. Also, please keep in mind that the backups made, cannot be fully verified to confirm each file or directory. Binax is not responsible for the loss of files and / or information.
Use of Binax Services
The Services offered by Binax will be used by the Client for legitimate and ethical purposes only. The Client shall comply with the Acceptable Use Policy and shall ensure that any other party using the Services shall also comply with the Acceptable Use Policy.
All the Services provided by Binax are used and manged by the Client, and any use of these Services is the exclusive responsibility of the Client.
Binax cannot be held liable for any violation of any applicable legislation or the Client’s or an end user’s breach of the Acceptable Use Policy.
Binax abides by the legal provisions and shall act upon any complaint received from any injured individuals, institutions/authorities or organizations which shows at least apparent legality.
Use of Resources
In case of a breach of the Acceptable Use Policy by the Client, the Client should be informed about such breach within 48 hours by respective ticket from Binax available in Client Area at website binax.cloud. In case of not responding to the ticket by the Client, the service/-s and the Agreement may be suspended and/or terminated at any time without any prior notification of the Client on Binax's discretion.
In case of a breach of the Acceptable Use Policy by the Client, the Client must eliminate or contribute to elimination of such breach causes until they are eliminated and service/-s usage returned to an accordance to the Acceptable Use Policy. In case of refusing or ignoring the request of elimination or contribution to elimination of the Acceptable Use Policy breach causes by the Client, the service/-s and the Agreement may be suspended and/or terminated at any time without any prior notification of the Client on Binax's discretion.
In case of a breach of the Acceptable Use Policy by the Client, Binax is vial to suspend or terminate any Client's service/-s and the Agreement on its discretion at any time without any prior notification of the Client, if Binax consider the damage that may be caused by further Client’s usage of the service/-s to Binax's assets or reputation or rights or to a third party's assets or reputation or rights as severe and that should not be deferred in elimination.
Binax is not responsible for any data or financial losses that may be caused by services' and the Agreement suspension or termination due to the Acceptable Use Policy breach by the Client.
Our Responsibility for Loss or Damage Suffered by You
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Client’s Responsibility
The Client is responsible for updating the contact and billing information indicated in their account. Binax accepts no liability or responsibility whatsoever for any damages incurred by the Client as a result of the Client not updating the contact and billing information.
The Client is responsible for maintaining the security conditions of the username, passwords and other sensitive information. In case of any doubt in this respect, the Client has to change or request of the username, passwords and other sensitive information be changed by contacting the support team in any available way.
Binax shall not be responsible for any damages caused by the temporary unavailability of our servers for whatever cause. This covers also the damages suffered due to date deterioration or loss.
Vulnerabilities seeking ("Ethical hacking")
Vulnerabilities seeking ("Ethical hacking") with or without their further disclosure aimed at Binax assets or assets of our customers or partners and did not pre-agreed within the relevant contractual agreement between the asset owner and the seeker ("Ethical hacker") is not encouraged by Binax In cases of revealed deliberate or appearing to be deliberate cases of vulnerabilities seeking ("Ethical hacking") without the previous relevant agreement signed, Binax is vial to consider it as criminal offense and report it to respective institutions.
Binax encourage a proper disclosure of vulnerabilities revealed accidentally. Binax is vial to decide a reward for vulnerabilities revealed accidentally on its own discretion. Vulnerabilities revealed accidentally may be disclosed in respective ticket at our website binax.cloud.
Rules about Linking to our Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
Force Majeure
None of the parties shall be accountable for non-performance of its contractual obligations should such non-performance be due to an event beyond its control, in accordance with the applicable legislation.
Governing Law – Jurisdiction
The agreement is governed by the Polish law. Any potential disputes occurred between Binax and the Client will be settled amicably, otherwise the disputes are referred for settlement to the Polish courts of jurisdiction.
Intellectual Property Rights
All the materials contained in this website are the intellectual property of Binax These materials can be neither copied, nor reproduced. Nevertheless, the full pages of the website can be printed out, provided such is done for personal purposes only.
Closing Provisions
In addition to the Terms and Conditions above, term of the service acquired by the Client, Binax can enter also into additional service provision agreements, in which case the conditions thus set will be also applicable between the parties. Thus, the Terms and Conditions amount to a master agreement, which can be subsequently amended by agreement of the parties under additional executed agreements or appendices.
Binax reserves the right to amend its policies (including for the avoidance of doubt the Acceptable Use Policy) and service use conditions without prior notice.
