Terms and Conditions of Use of Cloud9 LLC Web Portal and Offered Services
The present document represents the terms and conditions of use of Cloud9 LLC's website and the products/services available on this website (hereinafter referred to in the text as the "User's Agreement" or simply the "Agreement"). This document is a mutually binding Agreement, concluded between the User and Cloud9 LLC (hereinafter "Cloud9").
Please read this document carefully, which is regulating the terms and conditions of use of the website by you and the purchase of products/services offered by us. Users are entitled to contact us and request the conclusion of a Agreement in accordance with the terms individually tailored to them.
The terms of this Agreement apply to all services provided to the User by the Company, the description of each service and terms is presented directly in the table of such service.
The present terms and conditions may be unilaterally amended by Cloud9, and the Users who are already using Cloud9 services, will be additionally notified via the e-mail address indicated by them in this regard, when registering on the website of Cloud9.
1. The User's Registration and Rules for Using the Web Portal
The User has read the terms and conditions of the service and confirms it by clicking the button "I agree".
In the event of changes in the present terms and conditions, the user will receive the notification via the e-mail.
In order to use Cloud9's services and products, the User must go through the registration process on the website https://cloud9.ge.
For the purposes of registration on the website, the User shares the following information to the Cloud9:
In case of legal entity - the name; identification number;
Phone number; (not mandatory), E-mail; address (not mandatory)
In case of natural person - name, surname, personal number; phone number (not mandatory), E-mail; address (not mandatory);
After registration, a personal account (user profile) on the Cloud9 portal (https://my.cloud9.ge) will be given to the User, from where he/she will be able to manage the services. Through the personal account, the User will be able at any time 24/7, to purchase new products, manage existing products, cancel unwanted products, control payments, open support tickets etc.;
The User will be responsible for maintaining the confidentiality of his/her username and password on the Cloud9 portal and fully responsible for all operations that will be carried out by using his/her username and password. Cloud9 assumes no liability before the User or third parties for any transactions that occur as a result of unauthorized use of the User's password or account.
The user will be entitled at any time change or update their profile on the Cloud9 portal as needed.
The User will be obliged to immediately reflect the changes on the portal in case of any changes in the contact persons, contact information, registration data and/or e-mail, telephone number or data specified on the Portal. In addition, in the event of transferring the portal account to another person or, in case of a legal entity, the access to the portal account in the event of changing of an authorized person, the User shall immediately provide information to Cloud9. In the event that the User fails to notify Cloud9 about the transfer of the account to another person/changing of the authorized person, the information shared with the User known to Cloud9 before receiving information about such a change will be considered to have been lawfully shared with the User and the company will not bear the responsibility for the consequences of such information transferring.
During the User's authorization process, the system automatically processes the IP address from which the user accesses the system, the date and time of access to the system, and other relevant information.
Product's Description
Cloud9 offers the User the following services and products:
Hosting services (LINUX shared hosting; WINDOWS shared hosting; colocation);
Domain registration;
Virtual server rental (VPS);
Virtual dedicated server rental (VDS);
Physical server rental;
SSL Certificates;
Email services;
Co-location;
Data Center Services;
"CERT" - Security and "DDoS" Defense Services;
Server Infrastructure Planning, Deployment and Administration;
"DevOps" Services;
"Cloud" Services.
Definition of Terms
For the purpose of the present Agreement, the terms listed below have the following meanings:
User - an individual or legal entity (including state bodies and LEPLs) that uses Cloud9 services;
Service Fee - the amount fixed by Cloud9 in exchange for the product(s) / service(s) that the User pays for;
Support ticket - Cloud9's internal system ticket, access to which is available to the user after registering on the portal https://my.cloud9.ge/login
Authorized email - the user's e-mail address that he/she has provided during the registration on the Cloud9 portal, which has passed verification and represents the user's unique identifier in the Cloud9 internal system.
Personal Account - a personal profile of the User, which is created on the website of Cloud9 after the User completes the process of registration.
Product, Service - all products and services that the User acquires from Cloud9 in exchange for the corresponding payment.
Settlement Period - the payment date, which is fixed in the payable invoice(s) uploaded to the User's personal account on the Cloud9 portal;
Shared hosting - Is a web hosting service where many websites reside on one web server connected to the Internet;
Domain name - is a unique Internet name, address that indicates about your website or email;
SSL Certificate - a data encryption protocol that provides a secure connection between the browser's user and the web server.
Server - a powerful computer;
Virtual Private Server (VPS) - a physical server owned by Cloud9, which is divided into many separate virtual servers by using virtualization technology, each of which has its own resources: processor (CPU), space (DISK) and RAM;
Virtual Dedicated Server (VDS) - a physical server owned by Cloud9, which is divided into 2, 3 or a maximum 4 virtual machines by using virtualization technology, has much more resources and performance than standard virtual servers (VPS) of Cloud9.
Dedicated Physical Server — a physical server owned by Cloud9, the right of its lease will be transferred to the User;
Co-location — a service that involves putting of the user's server/equipment in the Data Center (DC) of Cloud9.
Data Center - a specialized facility/room where the user's servers and network equipment are located;
Data Center Services - rental of telecommunications racks, cross connects, installation of Power Distribution Units (PDU), interconnection to Internet providers and GSM operators, rental of IP addresses.
Telecommunications Rack - a rack belonging to Cloud9 LLC, located in the data center, size of the rack: 600x1000mm, capacity 42 Units, designed to house the telecommunications equipment.
IP address – the unique address, which is used by computer equipment for identification and communication with each other, in both external as well as internal networks.
DevOps - is a set of practices that combine software development (Dev) and IT operations (Ops). It includes both the development and coding part, as well as the part of system administration.
DevOps service - This is a type of service when an organization/customer delegates all DevOps obligations and responsibilities related to its project to an experienced and qualified DevOps company.
Cloud services - This is a general term that refers to the provision of powerful computing and IT resources to the user over the Internet. It can be Infrastructure as a Service (IaaS), Platform as a Service (PaaS), Software as a Service (SaaS) and Cloud-Computing as a Service (FaaS).
Statements and Warranties
The User declares and guarantees that:
When confirming the present terms and conditions, he/she is an adult, having reached the age of 18, with legal capacity; (including those created in accordance with the procedure established by the legislation of Georgia);
Will protect the security and confidentiality of his/her personal account, will not disclose the security details of the personal page to a third party, in order to protect the confidentiality of the User's data and the security of the account.
Will Register in the system with his/her personal identification data and will not use other users' data for the purposes of registration on the website and, accordingly, for purchasing products;
Will not perform any action that poses a threat to other users;
Will not carry out any action that is prohibited by Georgian legislation, as well as will not use the purchased services for activities prohibited by Georgian law;
Will be responsible for all data, information and other content that is used, generated, uploaded, stored and/or transmitted by him/her in connection with or within any service;
Will not attempt to gain access to another user's authorization information;
General Description and Terms of Service
The website https://cloud9.ge contains a list of products and services, the order and delivery of which is carried out through the portal https://my.cloud9.ge/login. The description and terms of a specific service are provided in each service field, which also constitutes an integral part of these Terms and Conditions;
Provision of services that are not specified on the website will be carried out by additional Agreement. In such a case, the User shall contact the Cloud9 via support@cloud9.ge and request an additional service. Detailed information on such service will be returned to the User at the email address used for communication. Since the user confirms the terms and an agreement will be reached, an invoice for the additional service will be sent to the User and after payment of the appropriate amount, the additional service will be provided.
The Company ensures that, in the process of providing the Service, will take all reasonable measures to protect security within its capabilities. However, the Parties acknowledge that, despite the Company's efforts, it is practically impossible to provide absolute protection against viruses, cyber attacks, and other threats.
The User will purchase, activate, manage and cancel the service through the personal account (User profile) on the website;
Each service has its own calculation frequency - the time interval during which the cost of the provided/to-be-provided service is calculated. The User shall pay the domain fee and the SSL Certificate fee once a year, the terms for the payment of other services the User chooses himself/herself. The prices for services on the website are indicated including VAT. Payment for the service shall be made in advance, based on the corresponding invoice.
In case of incorrect registration of a domain by the User, the responsibility lies with the User and the amount paid will not be refundable. The amount paid is also not refundable in the case of SSL Certificates, in all other cases, if the User incorrectly purchases the product, he/she can contact the company via support@cloud9.ge and the amount paid will be fully refunded.
When providing shared hosting, VPS, VDS and Physical Server leasing services, as well as in cases where administration of a specific service represents the responsibility of Cloud9, for the purposes of protecting the interests of the User, Cloud9 will store backup copies of the information on the server (so-called back up) for the duration of the Service Agreement.
Unless otherwise provided by the same Agreement and/or the terms of use of individual services, the Company will ensure the irreversible deletion of all contents (including backup copies) in the event of termination of the Agreement, and in the event of termination or cancellation of individual service(s), the company will ensure the irreversible deletion of the content related to it.
When providing Co-location Services, the User will be obliged:
To book a visit from a Personal Account (user profile) by opening a Support Ticket in order to have an access to the co-location space on the Cloud9 portal or to send a request to support@cloud9.ge from an authorized e-mail address; the name, surname, personal number and exact time of the visit of the persons (representatives) to be allowed into the space shall be indicated in the letter;
To comply with rules of conduct established by the company while staying in the Cloud9 data center.
Within the scope of the provision of Co-location Services, the User will have the right:
To request 24/7 access of his/her representatives to the Cloud9 data center based on the prior agreement, by opening a support ticket from the personal account of the portal.
To request 24/7 remote hands service, whether it will be a server reboot, cable replacement, or something else, by opening a support ticket from the portal's personal account and sending the appropriate notification.
Within the scope of Co-location service provision, Cloud9 will be authorised:
To carry out pre-planned technical works, which duration shall not exceed 8 hours;
To refuse to allow the User to enter the co-location space if the said time coincides with pre-planned maintenance or other similar type of work;
To deny the User to remove its own servers from the co-location space, if the User does not fully repay the debt to the Cloud9 before that time.
Rules and Conditions for providing the domain registration services:
By registering a domain name, the User will receive a limited, transferable, renewable, exclusive right to use the domain name for the term and conditions that are specified in the present Agreement and in the Domain Registration and Administration Rules.
Prior to registration of a domain in the ".ge" zone, the User is obliged to get acquainted and comply with the rules of domain registration and administration and relevant instructions published on the web portal https://nic.ge/ka/domains
Before registering a domain in the ".ge" zone, the User is obliged to familiarize and comply with the rules of domain registration and administration and relevant instructions published on the web portal registration.ge;
The User will be solely responsible for the domain name entered in a wrong way/incorrectly in the application during domain registration, therefore, in such a case, the amount paid will not be refunded to the User since the domain will be activated.
When providing the Service, Cloud9 will be obliged:
To provide technical support to users 24/7 via e-mail at support@cloud9.ge.
To ensure uninterrupted provision of its services, 24 hours during a calendar day;
When providing services, Cloud9 will be entitled:
To suspend the provision of services in case of violation of the terms of payment of the service fee by the User;
To terminate the provision of services based on a notice of an administrative body/court;
To temporarily restrict or cease the provision of services to the User in case it hinders/impairs the service of other users.
To process and store any information received for the purpose of providing the service and within its scope in accordance with the procedure envisaged by the legislation.
Service Payment Terms and Refund Policy
When a User orders products through the Cloud9 web portal and makes a payment, Cloud9 collects the User's payment information. Payment on the web portal can be made with the following credit/debit cards: "Master Card", "VISA", "American Express" and "PayPal".
If a User mistakenly purchases a product on the website https://cloud9.ge/ except for the domain name and SSL Certificate, he/she may request the cancellation of the mistakenly purchased product and a refund, for which he/she must file a refund request via the support card or by sending it to the e-mail to support@cloud9.ge.
The User who has made an advance payment and wants cancelation of the service, after submitting a refund request (the refund request is submitted via the support card or by e-mail to support@cloud9.ge), the difference in amount will be refunded to the same account, which will be calculated based on the date of service termination.
The refund period for Georgian bank accounts is 3 - 8 business days, for foreign bank accounts we depend on the intermediary bank.
Procedure and Conditions for Filing a Complaint
In the event of any difficulty, technical defect or any other problem in the process of using Cloud9 services, including a complaint related to the quality of service, the User will be entitled to contact Cloud9 via e-mail support@cloud9.ge and specify the content of the problem and the request.
After receiving the complaint, Cloud9 will provide the User within 1 (one) business day with information via e-mail regarding the possibility of satisfying the submitted complaint and the terms of such satisfaction, in addition, as necessary, Cloud9 will be entitled to request additional information or documentation related to the complaint from the User.
The User will be entitled to file a complaint, if necessary, with the Public Defender of Consumer Interests Service of the Georgian National Communications Commission at the following e-mail address: defender@comcom.ge, or phone number: +995 32 2399505; Address - 50/18 Bochormi str. /Ketevan Tsamebuli Ave., Tbilisi.
Personal Data Protection Policy
This Privacy Policy defines how we collect, process and share personal data provided to us when using the website and the services offered.
For the purposes of using the services offered by Cloud9, personal information must be used in accordance with the conditions set out in the legislation. Data must be processed lawfully, fairly, transparently and without violating the dignity of the data subject. We will obtain/collect and process data only for specific, explicit and legitimate purposes.
We process your personal data on the following legal basis:
For the provision of services and fulfillment of obligations under the Agreement between Cloud9 and you;
For the protection of Cloud9's legal/legitimate interests;
For the fulfillment of obligations imposed on Cloud9 by the law;
With the consent of the user.
On the basis indicated, user data may be processed for one or more legitimate purposes:
To provide the service purchased by the User;
To identify the User, to manage the Agreement concluded with the User and his/her account, including the provision of remote services;
To ensure the quality of service;
To monitor, prevent, identify and eliminate/stop fraudulent actions, fraud and/or cyberattack incidents carried out on the network.
We store personal data for the period necessary to achieve the relevant purpose and/or as defined by law.
We store your identification and contact data, including data on the provision/delivery of services for a period of no more than 3 years after the termination/end of the contractual relationship, in accordance with applicable law.
After the expiration of the aforementioned period and no later than 1 month after the expiration of such period, Cloud9 will ensure the deletion or destruction of the data.
The User will have the right to request information that is being processed about him/her;
The User also will have the right to request the correction of personal information;
The User also will have the right to request the cessation of processing of personal data, blocking, deletion or destruction; However, the User must take into consideration that if he/she requests the cessation of processing of data that is necessary for the provision of services by Cloud9, Cloud9 will no longer be able to provide such services, in addition, Cloud9 may refuse the User to delete/destruct the data if there is another legal basis for processing the data, in case of refusal, the reason for refusal will be explained to the User.
Personal information collected for the purposes and scope of providing the service:
Contact information, your name, your personal number, in the case of a legal entity, the name of the legal entity and its identification code; telephone number, e-mail;
Services purchased;
Please note that we do not directly store your banking details in our system, this information is simply forwarded to the relevant payment processing entities;
The fee charged for the service, the date, time and form of the service purchase or bill payment, as well as data about your debt, unpaid bill(s) and deposit(s);
Data about the service(s) you have received, including data about the addition, cancellation or change of service;
In addition, when a User uses the Cloud9 portal, Cloud9 may access and/or collect information that describes the history of viewing website pages, information about IP addresses, domain names, statistics on the use of hosting resources, and log files.
Cloud9 also uses cookies, which can be used to identify repeat visitors, as well to obtain the information on which content of the company's website or which websites are accessed most frequently, and at what intervals users visit the company's website. The user has the ability to control cookies through a web browser.
Cloud9 will be obligated not to transfer or otherwise make available to third parties the data input by the User on its own resources (except for cases provided for by this Agreement and/or legislation), both during the term of the Agreement and after its termination.
Other Terms
Failure by any party to comply with the terms and conditions set forth in this document shall not result in liability of the party and the imposition of any kind of penalty on the party, if such failure or delay is caused by force majeure circumstances.
For the purposes of this article, force majeure means circumstances beyond the control of the parties, which are not due to the fault or negligence of either party and have unforeseeable nature. Such circumstances may be caused by war or natural disasters, epidemics, pandemics, quarantines, relevant state decisions that impede the provision of services, etc.
The party that has encountered a force majeure circumstance must use its best efforts to immediately notify the other party of the circumstances and the estimated time frame for their elimination, otherwise it will not be released from liability arising from full or partial non-fulfillment of the terms of the Agreement.
In the event of force majeure circumstances, the period for the performance of obligations shall be extended for the period during which such circumstances last. If the failure of the parties to fulfill their obligations under the Agreement continues for more than three months, each Party shall be entitled to unilaterally terminate this Agreement by sending a written notice (by e-mail) or by other available means at least two weeks before the expected date of termination of this Agreement.
Disputes between the parties related to this document shall be governed by the laws of Georgia. In the event of a dispute, the User will be entitled to contact Cloud9 for the purpose of mutual negotiations. In the event of failure to reach an agreement, the dispute arising between the parties shall be considered by the Tbilisi City Court.
Details of Cloud 9 LLC
Title of the company: Cloud 9 LLC
ID: 405063755
Legal address: #7 Sh. Nutsubidze Street, continuation of the 4th MK/R, plot #7, Tbilisi, Georgia
Phone number: +995 032 242 40 02;
E-mail: contract@cloud9.ge or support@cloud9.ge;
Bank details: JSC "TBC Bank"
A/C GE59TB 7050436080100004
In the event if you do not agree with the terms of this Agreement, just confirm it by clicking on the button "I do not agree" and contact us to the following e-mail: support@cloud9.ge. In case of reaching an agreement, a corresponding Agreement will be signed between the parties.