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terms & conditions
Terms & Conditions of use
1. Uumbrella, henceforth referred to as “Company” is an online website providing products and services through the Internet, founded by “Uumbrella Ltd” which is based on London, 71-75 Shelton Street, London, WC2H 9JQ UNITED KINGDOM. The following terms and conditions shall be implemented for use of the Company’s online website, www.uumbrella.com as well as any services provided by the Company. Using the website or services provided by the Company, users declare that they fully accept the terms and conditions the Company currently has or will have set up in the future.
2. Should a user or a user representative disagree with these terms and conditions, they should then not make use of the Company’s website and its services. Users or the Company’s services or visitors of www.uumbrella.com site will henceforth be referred to as Customers, regardless of them ordering services or products from the Company.
Corporate Responsibility
1. The Customer is assured that the material uploaded to the servers shall be ready for use and will not need any further processing from the Company to work. The Company has access rights to files, websites and data of the Customer for technical support or should there be need of an audit or after a request from the Authorities, according to what is written on the Privacy Policy, as well as the Disclaimer Of Personal Data Safety.
2. The Company lets the Customer know, via email, how they may gain access to their Control Panel for services as well as the way to publish files on the Internet, setting up email accounts and information on utilization of services.
3. The Company could, as an exception, provide support and suggestions on matters not wholly concerning the domain services or internet host (additional technical support). The Customer acknowledges that the Company is not liable for the soundness or credibility of such support guides given to the Customer.
4. The Company does not assume control over content of information passing through its servers. Furthermore, it does not guarantee the reliability, accuracy or quality of any information appearing on the internet through -or due to- its services. In addition, it does not guarantee the commercial or personal solvency of whoever presents themselves on the Internet, or the fulfillment of any particular promises/offers from third parties, and is not responsible for any damages incurred to the Customer or those who trade with such, including data loss due to delays, failure to deliver cargo, or cessation of services for any cause, fault, or omission.
5. The Company, under no conditions, events and causes does bear any responsibility for whatever damages resulting from the utilization, availability or non-availability of services the Company provides.
6. The Company updates installed applications on its servers at regular intervals, so as for security levels to be maintained in their highest possible level and the most recent versions of Plesk Control Panel, PHP, MySQL, ASP.NET, Perl, Zend etc. to be provided. It is the Customer’s sole responsibility, especially regarding safety issues which expose the infrastructure and availability of the Company’s services to danger, to update their websites accordingly, placing greater emphasis on security updates of PHP, MySQL Queries, ASP.NET etc. code so as for them to be compatible with Company servers and does not endanger them. The Company is not liable for any loss, damage or moral damage caused from these updates, as well as the incapability or unwillingness of the Customer to adjust their web pages with the updated versions of various applications and computer programming languages having been installed on Company servers.
7. The Company takes backup copies of Customer files and databases that use server hosting services at regular intervals. The Company bears no responsibilities for such backups being out of date or unusable. The Customer is obliged to maintain a backup copy of their own files and databases. Such a copy maintained by the Customer must be loaded into the Customer’s personal computer. Should the Customer ask for data recovery, the Company shall provide the service/product within few minutes after payoff. In some circumstances, due to the nature of a service, it might be delayed for a few hours or days. The Customer acknowledges that the process ‘restore from backup’ might corrupt the site contents or downgrade such to an earlier version. The Company is not liable towards the Customers / users for any damages incurred from the execution -or not- of their order and from the form the service is provided. In addition, it is reserved regarding time of providence of services backup / restore in case of force majeure.
8. The Company after prosecution or request from the relevant Authorities will follow the legal processes for enforcement of the law and may gain access to data concerning the location, the files, the emails and the content of the Customer. This can lead to the Company unveiling all data given to it, including the ones hosted in Company servers, files and Customer databases.
9. The Company is not at fault for damages incurred from the implementation -or not- of the Customer’s order, or from the form of such a service provided. It is also reserved towards delivery time for any goods / services in cases of force majeure.
10. The Customer acknowledges that the Company may adjust its services and products provided through third party suppliers, based on specification of each supplier. The Customer acknowledges that the Company itself is not responsible and liable to Customer, or any third party for whatever claims occur from providing such goods / services.
11. Service Level Agreement (SLA) This agreement describes the availability guarantee for the Company’s network and services. Such a guarantee applies to any Customer of the Company without any financial abeyance in network availability interruption time. Guarantee application process The Company makes every possible attempt in keeping the hosted website’s content available for access from around the world, at any time. The interruption service time is defined as the loss of The Company makes every possible attempt in maintaining the average loss of availability rate of webserver services or database servers to a rate of 0.1% or less, during one calendar month, as defined by the Company. Should the webserver or database server of a shared hosting plan on which the website is hosted, is available less than 99.9% of the time within a calendar month, the Company credits the Customer’s hosting account with a free hosting period of one month. Interruption time is measured after the Customer’s notification for loss of availability, from the point such an interruption happens, through the Company’s ticketing system, either from here, or via phone to the Company’s support department. The Company’s sysadmins shall define the end of interruption time. The crediting is about the basic service’s monthly dues, paid by the Customer for the plan, for the data transfer limit allowed each month, disregarding fees of additional services, like more IP addresses, support services...etc.
The Customer shall not receive any credit for any failures, malfunction or lack of availability of their website caused from, or connected to;
a. Circumstances beyond the Company’s sane control, including without limitation, government activities, war, riots, sabotage, armed conflict, embargo, fire, flood, strike or other cessation or delay of work, cessation or delay of transport, inaccessibility or cessation or delay of telecommunications or third party services, hacker attacks or viruses, third party software failing (including, without limitation, e-commerce, payment gateway, conversation, statistic, or of open source script software) or inability to receive raw materials, supplies, or the energy needed for use of the appropriate equipment for the providing such SLA.
b. Programmed or emergency maintenance and improvement of the Company’s technological equipment.
c. Issues involving DNS, FTP, POP, IMAP or SMTP customer access.
d. False reports in regards to Company systems not working.
e. Acts or negligence of the Customer, including, without limitation, the Code (CGI, Perl, HTML, ASP etc.), any dereliction, deliberate mishandling, or use of services violating Company terms and policies for acceptable use.
f. Sending or transferring of email or webmail.
G. Operation interruptions elsewhere on the Internet, preventing Customer access. The Company is not liable for browser or DNS which may make displaying the service impossible. In addition, the Company is not liable for issues stemming from quality of Internet access from the provider the Customer has chosen. The Company shall guarantee only areas under its control, namely, servers, server routers, and the connection of such with the Internet.
Liability Limitation – Safeguard - Compensation
The Company has undertaken significant efforts so for its website to include accurate and updated information. It is, however, not bound in regards to accuracy, time proximity and the completeness of published content and hence bears no responsibility of any nature. In particular, the Company should be checking its website concerning its function and appearance of the now popular Internet browsers (like Google Chrome, Mozilla Firefox, Safari, Internet Explorer, for example). The Company is not responsible for any changes in function or content occur from the Customer using older versions of the above browsers, or any other browser. The Customer agrees to defend before any court, safeguard, keep away from any danger, from all requests, losses, financial claims and responsibilities the Company and shall cover such against any financial costs, including potential lawyer fees. Furthermore, they shall cover the Company from any case or claim due to damages or malfunctions or whatever other cause the Customer raises, or any other third party against the Company or themselves in case of third parties, due to activities or other acts, of them or their interests and information transferred through the Company servers or because of malfunction of whichever server or ours, with or without Customer consent or partner of theirs. Furthermore, the Customer explicitly states and is bound to intervene in the judicial or bureaucratic process and compensate the Company fully, in case the latter is obliged in the paying of compensation or whichever other cost in a case when any action, claim, or legal claim or bureaucratic process and stems from the violation of on behalf of any third party. According to a European directive from the European Commission, consumers and merchants have the Online Dispute Resolution platform (ODR) at their disposal for the electronic solving of their disputes, whether such are about domestic or cross-border transactions. ODR is directly linked to the pertinent authorities Alternate Dispute Resolution (ADR) of every country, who take up the processing of accusations.
Intellectual property rights
1. This website is one of the Company’s official e-shops. Its entire content, including images, graphics, photos, sketches, text, services provided and products, are considered Company copyright or are used with a suitable license and are protected under the relevant laws of UK and European applicable law and international conventions. The website’s entire content has been filed under a notary.
2. Copying, distribution, transport, processing/conversion, re-selling, creating a derivative work or misleading the public towards the true provider of the website’s content is forbidden. Any reproduction, reissue, download, upload, announcement, spreading of or transmission or whatever other use of the content in any way, shape, or form for commercial purposes or otherwise is allowed only with written permission of the Company or other beneficiary of copyright. Names, images, logos and the distinct markings representing and Company or third parties connected to such, as well as their products and services, are sole labels of the Company or third parties protected under the applicable laws concerning commercial labels. Their display on the website should not, for any reason, be taken as permission for them to be utilized.
Privacy and Data Protection Policy
1. Why shall the Company process Data of Personal Type (DPT) and the Special Category Data of Personal Type (SCDPT)? With the purchase of services / products that the Customer carries out through the Company’s website, they state that they wish for the Company to handle the completion of a task or the mediation between the Customer and some third party for the completion of a task with the Company’s function being an Internet service provider. The Company, based on information / data the Customer declares in its website / ordering form, should integrate such into a homogeneous category and calculate, based on said declarations, the product/ service which is suitable and relevant for the Customer. For such to happen, the Customer needs to fill in the particular DPT and/or SCDPT noted in the relevant fields of the ordering form. This data is objectively essential to the implementation and function of the provided service. The proper and complete information for data the Company requests are considered obligatory of the Customer, according to law. It is possible that inaccurate or incomplete data the Company requests to find, cause for the Company to demand even the cancellation or report of the provided service, at any time. For however while the contract for service provision remains in effect, the Company shall process Customer data which are necessary for its function based on the present contract with which the Customer consents to should they proceed in carrying out an ordering of service / product from the Company.
2. In what kind of data processing shall the Company proceed to? After the Customer proceeds in the ordering a product / service and has filled in all necessary fields in the order form, the Company shall, for the reasons already noted, carry on with any action or series of actions processing the Customer’s data with assistance of automated means like, for example gathering, input, organizing, rectifying, storage, adjustment, shift, recover and searching of information as well. The Company makes use of automated means for the fulfillment of the order and providing the service. Through said means, the Company can reach decisions quicker, with greater accuracy, transparency and consistency. However, in those cases, regular relevant checks are made from pertinent Company employees. The Company, in the name of safeguarding legal interests, often runs checks, through automated procedures to prevent scams against it. In particular, the following individual audits are made towards compliance of the Company with instruction from European and UK legislature.
• Audits (and automated ones) are conducted for preventing the use of products in money laundering and / or the funding of terrorism.
• Audits are conducted and files and data are sent towards compliance of the Company with the administrative cooperation of European Union member-states.
• Audits are conducted and files and data are sent towards compliance of the Company with the multi-part agreement of Pertinent Authorities for the automated trade of information in regards to financial matters.
3. For how long shall the Company hold the Customer’s data in a file?
The Company shall hold on to the Customer’s data for however long a contractual relation is maintained between them, either in written or electronic format. In a case of, for whatever reason, this is interrupted the Company shall hold on to such for however long of a time is left for any relevant claims to become time-barred.
4. What rights does the Customer have in regards to the processing of their data?
The Customer, may, as appropriate, exercise the following rights: • The right of access (learning which data of theirs the Company is processing, for what reasons and its recipients) • The right of amendment (rectifying any inaccuracies or lack of data) • The right of deletion / right of oblivion (purge from Company files, should their presence, however, no longer be necessary) • The right of restricting processing (In case of doubt being presented so as to the accuracy of data etc.) • The right of portability (for the Customer to receive their data at a structured and commonly used format) Such rights are exercised sans cost for the Customer, with the sending of relevant postage or email to the Data Protection Officer, unless they are repeated often and due to volume, they possess administrative weight for the Company, hence the Customer shall be burdened with the relevant cost. Should the Customer exercise any of those rights, the Company shall undertake any possible means for the satisfactory conclusion of such a request within thirty (30) days from receiving the relevant request, after the Company notifies such either for its execution, or the subjective reasons which prevent it. Beyond such, the Customer, may, at any time, be set against the processing of their DPT and SCDPT for the purposes of the contract service provider, withdrawing their consent. However, this will lead to the termination of the Customer’s contract services provided from the Company because (according to the above) no service works without processing of the Customer’s DPT and/or SCDPT (concerning data).
5. How is the Customer’s data security safeguarded?
Data security is, to the Company, an absolute commitment. To achieve such, all modern and suitable means are implemented for purposes of technological processing (for example, encryption, and anonymity) as well as organizational measures, the effectiveness of which the Company checks at regular intervals.
6. Where shall be the data transferred?
The Customer’s data will be transferred to Company departments pertinent to the execution of the provided service and for the proper and hurdle-free implementation of such. For example, the Technical Support department, Legal, Accounting etc.
The Customer’s data might be transferred and made accessible for legal entities and / or persons with which the Company occasionally maintains contracts for the proper provision of offered services. Furthermore, in regards to the Customer’s safeguarding contract, such data might be transferred to various services, public authorities etc. However, in this case, the legal entities or persons will process the Customer’s personal data solely for provision of services towards the Company and not for personal gain, acting as executors for the processing. In every transfer, the Company always undertakes any possible measure to ensure the transferred data are always the minimum required and the conditions are for legal and desired processing.
7. Shall the Company process the Customer’s data for commercial purposes?
For the duration of processing noted above, the Company might process your DPT data (but not your SCDPT). The Customer may be set against processing of their data (for commercial purposes) through the sending of a relative request to Data Protection Officer. In such a case, the Customer’s data will no longer be subjected to processing for commercial purposes.
8. The Company, as the controller, only uses processors that provide reasonable assurance that appropriate technical and organizational measures will be in place to ensure that the processing meets the requirements of EU Regulation 2016/679 and any other applicable European and national legislation, and safeguards the rights of the data subject. The Company, as the processor, does not engage another processor without the prior written permission of the controller, and the granting of a general license for this purpose is presumed by accepting the Terms of Use and the purchase of any service. In this case, the Company shall inform the controller of any intended changes to add or replace the other processors, thereby giving the controller the opportunity to object to such changes. Processing by the processor, a partner of the Company, is governed by a contract or other legal act under the law of the Union or the Member State which binds the processor in relation to the Company and determines the subject matter and duration of processing, the nature and purpose of the processing, the type of personal data and the categories of data subjects and the controller's obligations and rights. This Convention or other legal act provides in particular that the processor:
a. processes personal data only on the basis of documented Company's instructions as a controller, including with regard to transfers of personal data to a third country or international organization, unless it is required to do so under Union law or the law of the Member State to which the processor is a subject. In this case, the processor shall inform the controller of this legal claim in question prior to processing, unless that law prohibits such information on important grounds of public interest,
b. ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality,
c. takes all necessary measures pursuant to Article 32 of (EU) Regulation No 2016/679,
d. complies with the conditions set out above for the recruitment of another processor,
e. taking into account the nature of the processing, assists the controller with the appropriate technical and organizational measures, to the extent possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in EU Regulation 2016/679
f. assists the controller in ensuring compliance with the obligations pursuant to EU Regulation 2016/679 Articles 32 to 36, taking into account the nature of processing and the information available to the processor
g. at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data
h. makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.
As regards point (h) of the first subparagraph, the processor shall immediately inform the controller if, in his opinion, an instruction infringes this Regulation or other Union or Member State data protection provisions. Where a processor engages another processor for carrying out specific processing activities on behalf of the Company as a controller, the same data protection obligations as set out in the contract or other legal act between the Company as the controller and the processor, as provided for in paragraph 3, shall be imposed on the other processor by a contract or other legal act in accordance with the law of the Union or of the Member State, especially to provide sufficient assurances to implement appropriate technical and organizational measures in order processing meets the requirements of this Regulation. When the other processor fails to meet data protection obligations, the initial processor remains fully accountable to the Company as the controller for the fulfilment of the obligations of the other processor. 9. Submission of an accusation / complaint?
For whichever issue involving the processing of your data, you may address Data Protection Officer.
Additional clarifications concerning Cookies
10. What are Cookies and why is the Company using them?
Cookies are small text files sent on the browser program the Customer uses and are stored at their computer, while the Customer is browsing within the Company website. Under no circumstances do the cookies contain personal information or information which would allow anyone to communicate with the website’s visitor, through phone, email etc. Furthermore, using cookies, there is no access granted to the computer’s documents or files. Cookie usage facilitates the retaining of information relating to the Customer’s visit, to the website, gathering useful preferences in regards to the Customer’s search preferences. Consequently, the searching experience will be optimized. In addition, cookies help the Company review the performance and visitor count of its website, improving its display and content, according to visitor preferences.
11. Which cookies are used?
Some or all cookies described might be stored into the browser application. The Customer can see and manage the cookies in the browser application (however, browser applications intended for mobile devices might not possess this sort of functionality). The technically necessary cookies the Company is using are of vital import for the proper function of the website, and allow the Customer to browse and use its functions. These cookies do not distinguish a Customer’s particular identity. Without such, the Company cannot offer effective functionality on its website.
12. Should the Customer not desire the use of cookies?
The Customer may activate, or deactivate and completely delete cookies, through the settings of their particular browser application. However, after such an act, some parts of the website might not be working properly. Privacy Policy The Company handles a Customer’s security, trust and respect. The safeguarding of Customer personal data is particularly important. Hence, the Company communicates the above to its visitors and/or Customers:
• The Company website is a communication system to the public, with which information and services are offered, through the Internet. Visitors of the Company website are able to inform themselves of any new products and services it offers, important announcements, new jobs and be notified of any service without offering any information.
• In case of gathering a Customer’s personal data is necessary, for the execution of some trade through the website, the following shall take effect:
o The Company maintains a log and processes potential Customer personal data, the sole reason being the support, forwarding and implementation of the exchange with the Customer as well as the provision of high level services.
o Customer data are safeguarded by strict discretionary criteria and are forwarded on third-party companies only if necessary for an order’s implementation or the functionality of a Customer’s service.
Website software is designed for a maximum amount of security and trust. All information contained within requests submitted in the website and are related to payment of whichever service the Customer chooses, are secure. Only authorized employees, having received proper training so as to the processing of Customer information, shall have access to such information and only when necessary for implementing Customer requests.