Terms of Service

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These Terms of Service ("Terms") govern your use of the hosting services provided by Piotr Grzegorzewski ("Provider", "we", "us"), registered at ul. Sarmacka 22/20, 02-972 Warszawa, PL, VAT/NIP: 5212940779, through our platform at https://beta.megaserwer.pl (the "Service").

By placing an order, activating a service, or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• Customer – the individual or legal entity that registers an account and orders Services.
• Consumer – a Customer who is a natural person acting for purposes outside their trade, business, craft, or profession (as defined by Polish law).
• Business Customer – a Customer who is not a Consumer.
• Service(s) – web hosting, game server hosting, and any related services made available through the platform.
• Order – a request by the Customer to activate a Service plan.
• Billing Period – the recurring interval (monthly, annual, etc.) for which the Service fee is charged.

2. Account Registration

To use the Service you must register an account. You agree to:

• Provide accurate and complete registration information.
• Keep your login credentials confidential and notify us immediately of any unauthorised access.
• Be responsible for all activity that occurs under your account.

We reserve the right to refuse registration or terminate accounts at our discretion, including for violation of these Terms.

3. Orders and Commencement of Service

3.1 Order process

An Order is complete when you submit payment (or where applicable, a trial is activated) and we confirm the Order by e-mail or by activating the Service in your account panel.

3.2 Immediate commencement — Consumer withdrawal right

Important notice for Consumers: Under Polish law (implementing Directive 2011/83/EU), you have the right to withdraw from a distance contract within 14 days without giving any reason. However, by expressly requesting that Service performance begin immediately upon purchase (which you confirm by ticking the consent checkbox at checkout), you acknowledge that you lose this right of withdrawal once performance has begun. If the Service has been fully performed, you fully lose the right to withdraw. This does not affect your statutory warranty rights.

3.3 Free trials

Where a free trial is offered, the same immediate-commencement waiver applies. After the trial period, the Service converts to a paid plan unless cancelled before the trial ends.

4. Pricing and Payment

4.1 Fees

Current prices are listed on the website at the time of ordering. All prices are in the currency displayed at checkout. VAT is added where applicable in accordance with Polish and EU law.

4.2 Payment methods

We accept payments via Stripe (credit/debit card). Payment processing is handled by Stripe, Inc.; we do not store full card numbers. By paying, you agree to Stripe's terms of service.

4.3 Recurring billing

Recurring plans are billed automatically at the start of each Billing Period. You authorise us to charge your saved payment method. We will notify you at least 3 days before any renewal.

4.4 Pricing changes

We may adjust pricing for the Services with at least 30 days' written notice (email to the Customer's registered address). If you do not agree to the new pricing, you may terminate the Service before the new pricing takes effect and receive a pro-rata refund of any prepaid fees. Continued use after the effective date constitutes acceptance of the new pricing.

4.5 Invoicing

VAT invoices are issued electronically and available in your account panel. Where required by Polish law, invoices may be submitted to the National e-Invoicing System (KSeF).

5. Service Level Agreement (SLA)

5.1 Web hosting uptime

The Provider commits to 99.5% monthly network uptime for web hosting services, measured at the network layer. This equates to a maximum of approximately 3.6 hours of unplanned downtime per month.

5.2 Game server hosting

Game server hosting services are provided on a "best effort" basis and are not covered by the uptime SLA in §5.1. Game server performance depends on factors outside the Provider's control, including game engine behaviour, mod/plugin quality, and player count.

5.3 SLA exclusions

Uptime calculations exclude:

• Scheduled maintenance windows announced at least 24 hours in advance;
• Downtime caused by the Customer's software, configurations, plugins, or mods;
• Force Majeure Events as defined in §11;
• Actions or omissions of third parties outside our reasonable control.

5.4 Service credits — sole remedy for SLA breach

In the event the Provider fails to meet the SLA target, the Customer's sole and exclusive remedy shall be a service credit equal to 5% of the monthly fee for each full 1% below the SLA target, up to a maximum of 100% of that month's fee. Service credits must be requested within 14 days of the end of the relevant month and are applied to future invoices only. No cash refunds shall be issued for SLA breaches.

Service credits are not available where the breach resulted from Force Majeure or Customer action.

6. Acceptable Use Policy

The Customer shall not use the Services to:

• Launch denial-of-service (DDoS/DoS) attacks;
• Distribute malware, spam, or phishing content;
• Host content that violates applicable law (including copyright, CSAM, or illegal gambling);
• Engage in cryptocurrency mining without our prior written consent;
• Exceed allocated resource limits (CPU, RAM, disk, bandwidth) in a manner that degrades service for other Customers;
• Attempt to gain unauthorised access to our systems or other Customers' data.

Violation of this policy entitles the Provider to immediately suspend or terminate the Service without refund and without prior notice. We will notify you of the suspension and reason as soon as practicable, unless prohibited by law.

7. Game Server Specific Terms

Game server instances are managed by the Customer. The Provider is not responsible for:

• Server performance issues caused by the Customer's choice of mods, plugins, maps, or configurations;
• Compatibility of third-party software (mods, frameworks) with the hosting environment;
• Data corruption resulting from improper server shutdowns initiated by the Customer;
• Game publisher policy or EULA changes that affect server operation;
• Actions taken by the game publisher against the Customer's server.

8. Data and Backups

8.1 Customer's responsibility

The Customer is solely responsible for maintaining independent backups of all data, files, databases, and configurations hosted on the Provider's infrastructure. We strongly recommend that Customers maintain their own offsite backups at all times.

8.2 Provider backups

The Provider may offer automated backup services as a courtesy or paid add-on. Such backups are provided "as is" without guarantee of completeness, accuracy, or availability. The Provider does not warrant that any backup can be successfully restored.

8.3 Data loss

The Customer acknowledges that hardware failures, software errors, and other events may result in partial or complete data loss. The Provider shall not be liable for any data loss except where caused by the Provider's gross negligence (rażące niedbalstwo) or wilful misconduct (umyślne działanie).

9. Limitation of Liability

To the maximum extent permitted by applicable law:

(a) Exclusion of consequential damages. The Provider shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to: loss of profits, loss of revenue, loss of business opportunities, loss of data, loss of goodwill, or business interruption — regardless of whether the Provider was advised of the possibility of such damages and regardless of the theory of liability.

(b) Aggregate liability cap. The Provider's total aggregate liability arising out of or in connection with these Terms — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by the Customer to the Provider during the twelve (12) months immediately preceding the event giving rise to the claim.

(c) Mandatory exceptions. The limitations in this section shall not apply to liability arising from the Provider's gross negligence or wilful misconduct, or any liability that cannot be excluded or limited under mandatory provisions of Polish law. In particular, nothing in these Terms limits our liability to Consumers for death or personal injury caused by negligence.

(d) Business Customers. Business Customers acknowledge that the pricing of the Services reflects the allocation of risk in these Terms. The liability limitations in this section apply fully to Business Customers.

(e) Consumers. Where the Customer is a Consumer, statutory consumer protection rights under Polish law apply and are not affected by these Terms.

10. Refund Policy

10.1 No refunds for consumed services

Because hosting services commence immediately upon activation and are consumed on a continuous basis, fees are generally non-refundable once the Service has been activated, subject to the exceptions below.

10.2 Exceptions

• SLA breach: service credits as described in §5.4.
• Force Majeure termination: pro-rata refund of prepaid unused fees per §11.
• Price change rejection: pro-rata refund of prepaid fees per §4.4.
• Statutory Consumer rights: where a Consumer has not waived the right of withdrawal in accordance with §3.2, the Consumer may withdraw within 14 days of contracting for services not yet started.

11. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of war or terrorism, government actions or orders, nationwide or regional power grid failures, widespread internet backbone outages, pandemics, or civil unrest ("Force Majeure Event").

The affected party must notify the other party within 48 hours of becoming aware of a Force Majeure Event and take reasonable steps to mitigate its effects.

If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected Services with immediate effect without liability, except that the Provider shall issue a pro-rata refund of any prepaid fees for the period of non-performance.

For the avoidance of doubt, the following shall not constitute Force Majeure Events: hardware failures within the Provider's own infrastructure, DDoS attacks where industry-standard mitigation is commercially available, software bugs, or the failure of a single upstream provider where alternative providers are commercially available.

12. Termination

12.1 By the Customer

You may cancel your Service at any time through the account panel. Cancellation takes effect at the end of the current Billing Period (for recurring plans) or immediately (for monthly plans where you choose immediate termination). Prepaid fees are non-refundable except as stated in §10.

12.2 By the Provider

We may terminate or suspend the Service:

• Immediately, without notice, for violation of the Acceptable Use Policy (§6);
• With 30 days' notice, for any other reason, with a pro-rata refund of prepaid fees;
• Immediately, if payment is overdue by more than 7 days (after notice).

12.3 Effect of termination

Upon termination, your access to the Service is revoked. We will retain your data for 14 days after termination to allow you to request an export; thereafter, data is deleted in accordance with our Privacy Policy.

13. Intellectual Property

All software, interfaces, and materials provided by the Provider remain the intellectual property of the Provider or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during the term of your subscription.

You retain full ownership of all content and data you upload to the Service. By using the Service, you grant the Provider a limited licence to store and process that content solely to deliver the Service.

14. Privacy

The collection and use of personal data is governed by our Privacy Policy, available at [PRIVACY_POLICY_URL], which forms part of these Terms.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with Polish law.

For Consumers, any disputes shall be subject to the jurisdiction of the courts of the Consumer's place of residence. Consumers in the EU may also use the Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

For Business Customers, disputes shall be submitted to the exclusive jurisdiction of the courts competent for the Provider's registered seat.

16. Changes to These Terms

We may update these Terms from time to time. We will notify registered Customers by e-mail at least 14 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not accept the changes, you may terminate the Service in accordance with §12.1 and receive a pro-rata refund of any prepaid fees.

17. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy and any Order confirmation) constitute the entire agreement between you and the Provider regarding the Service.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• No waiver. Failure to enforce any provision does not constitute a waiver of that provision.
• Language. These Terms are provided in English. In case of conflict with any translation, the English version prevails.

18. Contact

Piotr Grzegorzewski
ul. Pytlasińskiego 16/13, 00-777 Warszawa,
E-mail: support@meganetwork.pl