Legal Documents
Terms of Service
Service Provider:
GeekCloud Sp. z o.o.
Melchiora Wańkowicza 2/1, 40-384, Katowice, Poland
KRS: 0000976073 | NIP: 0000976073 | VAT-EU: PL0000976073
Effective Date: 2025.06.01
1. Definitions and Service Description
1.1 Parties
These Terms of Service ("Terms") constitute a binding agreement between GeekCloud Sp. z o.o. ("Company," "we," "us," "GeekCloud") and the customer ("Customer," "you") governing the use of Vort Cloud infrastructure services.
1.2 Services
Vort Cloud provides cloud infrastructure services including Virtual Private Servers (VPS), Virtual Networks, Block Storage, DNS Hosting, and related technical services ("Services") accessible via API and web console.
1.3 Agreement Formation
By registering an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in accordance with Polish Civil Code provisions.
2. Customer Obligations and Account Management
2.1 Registration Requirements
You must provide accurate, complete, and current information during registration. For business customers, registration must be performed by an individual authorized to bind the organization legally.
2.2 Account Security
You are responsible for maintaining the confidentiality of access credentials, including API keys, SSH keys, and console passwords. You must notify us immediately of any suspected unauthorized access.
2.3 Age and Capacity
Individual customers must be at least 18 years old. Customers acting as consumers within the meaning of Article 22¹ of the Polish Civil Code have additional rights as specified in Section 11.
3. Service Provision and Availability
3.1 Service Level Commitment
We strive to maintain 99.9% availability for core infrastructure services. Planned maintenance will be announced at least 48 hours in advance via email and service announcements.
3.2 Service Modifications
GeekCloud reserves the right to modify, suspend, or discontinue Services with 30 days' written notice. Critical security updates may be implemented with shorter notice. We will provide reasonable migration assistance for discontinued services.
3.3 Geographic Limitations
Services are provided from data centers within the European Union. We do not guarantee service availability in all geographic regions.
4. Billing, Payment, and Pricing
4.1 Billing Structure
Services are billed hourly based on actual usage. Monthly statements are issued on the first day of each calendar month for the preceding month's usage.
4.2 Payment Terms
Invoices are due within 7 (seven) days of issuance. Payment is processed via Stripe payment platform. Customers may establish automated subscription billing for recurring services.
4.3 Currency and VAT
All prices are stated in EUR. VAT is charged according to applicable EU regulations. EU business customers must provide valid VAT identification numbers for reverse charge procedures.
4.4 Late Payment
Accounts with invoices overdue by more than 14 days may be suspended after written notice. Service restoration requires payment of outstanding amounts plus applicable late fees (maximum 8% annually as per Polish law).
4.5 Refund Policy
Unused service credits may be refunded upon written request, subject to a minimum 48-hour processing period. Refunds are processed via the original payment method within 14 days.
5. Data Protection and Privacy
5.1 Data Controller Relationship
For customer data stored on our infrastructure, you act as the data controller and GeekCloud acts as a data processor under GDPR Article 28.
5.2 Data Processing Agreement
Our Data Processing Agreement (DPA) is incorporated by reference and available at [URL]. The DPA includes Standard Contractual Clauses for any data transfers outside the EU.
5.3 Customer Data Rights
You retain all ownership rights to data stored on our infrastructure. GeekCloud accesses customer data only as necessary for service provision, technical support, or legal compliance.
5.4 Data Retention and Deletion
Upon service termination, customer data is retained for 30 days to allow data recovery. After this period, data is permanently deleted using industry-standard secure deletion procedures.
5.5 Security Measures
We implement appropriate technical and organizational measures to protect personal data, including encryption, access controls, and regular security audits.
6. Intellectual Property Rights
6.1 GeekCloud Property
All Vort Cloud software, documentation, APIs, trademarks, and infrastructure remain the exclusive property of GeekCloud. These Terms grant only a limited, non-exclusive, non-transferable license to use our Services.
6.2 Customer Content
You retain all intellectual property rights in content and data you create, upload, or store using our Services.
7. Limitation of Liability
7.1 Liability Cap
GeekCloud's total liability for damages arising from these Terms or use of Services shall not exceed the amounts paid by Customer for Services in the three months preceding the claim, except where Polish law mandates unlimited liability.
7.2 Excluded Damages
GeekCloud shall not be liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data corruption, or business interruption, except where prohibited by mandatory Polish consumer protection laws.
7.3 Consumer Rights
Nothing in these Terms limits liability for death, personal injury, fraud, or other matters where limitation is prohibited by Polish law.
8. Force Majeure
GeekCloud shall not be liable for service interruptions caused by circumstances beyond reasonable control, including natural disasters, government actions, network failures, or other force majeure events.
9. Termination
9.1 Termination by Customer
You may terminate this agreement at any time with immediate effect by closing your account through the web console or API.
9.2 Termination by GeekCloud
We may terminate this agreement with 30 days' written notice, or immediately for material breach, non-payment, or violation of our policies.
9.3 Effect of Termination
Upon termination, access to Services ceases immediately. Customer data retention follows Section 5.4 provisions.
10. Governing Law and Jurisdiction
10.1 Applicable Law
These Terms are governed by Polish law, including the Polish Civil Code and relevant EU regulations.
10.2 Dispute Resolution
Disputes shall be resolved by Polish courts with jurisdiction in Katowice, Poland. EU consumers may also use the EU Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr/.
11. Consumer Rights (EU Consumers Only)
11.1 Right of Withdrawal
EU consumers have the right to withdraw from this contract within 14 days without giving reasons, in accordance with Directive 2011/83/EU. The withdrawal period expires 14 days after contract conclusion.
11.2 Exception for Digital Services
The right of withdrawal does not apply to digital services fully performed with express consumer consent before the withdrawal period expires.
11.3 Complaint Handling
Consumer complaints can be submitted to: support@vortcloud.com or via postal mail to our registered address.
12. Modifications
GeekCloud may modify these Terms with 30 days' written notice via email. Continued use of Services after the effective date constitutes acceptance. Material changes adverse to consumers require explicit consent.