Terms of service

1. Provider and scope

latency.date is operated by TRUSTED TECHNOLOGIES Sp. z o.o. (TRUSTED TECHNOLOGIES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ), registered at ul. Łódzka 8/12, lok. 8.18, 42-202 Częstochowa, Polska. Register: Sąd Rejonowy w Częstochowie, XVII Wydział Gospodarczy Krajowego Rejestru Sądowego; KRS 0001242922 · NIP 5732973199 · REGON 544825601. Share capital: 5 000,00 PLN. Contact for these terms, complaints and withdrawal: [email protected] · +48 880 500 421.

These terms apply when supplied to the customer and incorporated into an agreement. A request for a quotation or browsing the website does not itself create a paid service contract. The accepted individual offer specifies the service and takes precedence over these terms where the parties expressly agree, subject to mandatory law.

Consumer means an individual acting outside their trade or profession. Statutory protections for eligible sole traders also remain intact to the extent applicable. Provisions expressly limited to B2B do not apply to consumers or to sole traders entitled to the relevant consumer protection.

2. Services and infrastructure

We offer dedicated servers, colocation starting from 1U, and IP Transit at LIM DC in Warsaw, Poland. Hardware, power allocation, connectivity, IP addressing, traffic limits, installation work and delivery dates are specified in the individual offer. Network connectivity uses an upstream network supplier with Tier-1 connectivity; upstream specifications are not a separate guarantee of the customer's service.

Operating system installation is subject to hardware compatibility and lawful licensing. Administration of the customer's operating system, applications, security updates, migrations and backups is included only where the agreement expressly provides for it. DDoS mitigation operates within the agreed scope and technical limits; it does not guarantee prevention of every attack or application vulnerability.

Colocated equipment remains the customer's property. Delivery, rack space, electrical load, access and collection arrangements must be agreed in advance. The customer must have authority to place the equipment and ensure its compliance with the agreed technical and safety requirements.

3. Quotations, orders and activation

Requests and orders are handled through https://whmcs.latency.date/contact.php and the WHMCS customer area. Before commitment, we provide the service description, price, billing period, applicable terms and any additional conditions. The agreement is concluded when the customer accepts the final offer and we confirm acceptance, following the process specified in that offer. An automated acknowledgement of an enquiry is not acceptance.

Activation follows the agreed payment and technical prerequisites, including equipment availability, cross-connects, required customer information and any necessary authorisations. We confirm the applicable delivery schedule individually. A consumer's request to start during the withdrawal period is handled under section 9.

The website and customer area require an internet connection and a supported browser; account access also requires a functioning email address and necessary session technologies. Service-specific technical requirements are disclosed in the offer. Contract documents are made available for saving, and consumers receive confirmation on a durable medium, such as email, before service begins.

4. Prices, billing periods and advance payment

Services are payable in advance unless the individual agreement states otherwise. WHMCS can support billing periods of 1, 3, 6, 12, 24 or 36 months and one-off charges; only the options included in the accepted offer are available for a particular service. The offer identifies the currency, due date, setup charges and any usage-based charges or calculation method.

A consumer receives the total payable price including applicable taxes and disclosed additional charges before placing a binding order. B2B quotations may show net prices with the applicable tax treatment stated separately. An invoice or payment request identifies the period and service being charged.

Payment does not create a general entitlement to an internal account balance instead of a statutory refund. Refunds due under mandatory law follow that law. Any discretionary commercial credit is separate and does not replace statutory remedies.

5. Recurring card payments and renewal

Stripe may process card payments in the customer area. Saving a payment token and charging it on a recurring basis requires the customer's informed authorisation, with the billing interval, amount or calculation method and cancellation mechanism disclosed before authorisation. We do not store the full card number or security code. A bank or Stripe may require additional authentication; a saved payment method does not guarantee a successful charge.

The customer may withdraw recurring-payment authorisation through the available customer-area controls or by contacting us. Cancelling automatic payment and terminating a service agreement are separate actions: withdrawing authorisation does not extinguish sums already due or, by itself, end a contract. Conversely, ending a service stops charges for periods no longer owed. Please identify both requests when both are intended.

Renewal occurs only on the terms previously agreed. A price change for a future renewal is notified on a durable medium at least 30 days before that renewal, with the new price and the opportunity to reject renewal or cancel without a charge for the new period. It does not increase the price of an already paid fixed period. If timely notice is not possible, the increase is not applied to that renewal without the customer's express agreement.

6. Customer responsibilities and acceptable use

The customer must provide accurate contact and billing information, protect credentials, maintain authorised access and use software for which they hold the necessary rights. Unless management is expressly included, the customer is responsible for operating system and application maintenance, security configuration and independent backups suitable for their requirements.

Services must not be used for unlawful content, malware distribution, phishing, fraud, unauthorised intrusion, attacks on third-party systems or unsolicited bulk messaging. Security testing requires the necessary authorisations and must respect the agreed service limits. Customer use must not endanger other customers, personnel or infrastructure. Any restrictions specific to a service are disclosed in the offer; lawful network use is not prohibited merely because it involves routing or tunnelling.

Suspected abuse can be reported to our contact address with the affected service or content, relevant evidence and a way to reply. We assess reports and take proportionate action, with the notices and opportunities to challenge restrictions required by applicable law. Receiving a report does not automatically prove a violation.

7. Support, maintenance and service levels

Support concerns the agreed service and our infrastructure. Contact channels, support hours, response commitments and any paid assistance are those specified in the offer. This document does not promise round-the-clock customer support, a particular response time or a service-level agreement. Any SLA and service credits must be expressly agreed separately.

We exercise reasonable care in operating the agreed infrastructure and handling incidents. Planned maintenance that may materially affect a service is communicated in advance where reasonably practicable. Urgent security or operational work may be necessary without advance notice; we provide information as soon as reasonably possible.

An external network, power or supplier incident does not automatically remove our responsibility. Responsibility is assessed under the agreement and applicable law, taking account of the cause, reasonable preventive measures and mitigation. The absence of an additional SLA does not remove statutory rights relating to conformity or proper performance.

8. Suspension, termination and customer equipment

For overdue payment or a remediable breach, we normally notify the customer, explain the required remedy and give a reasonable deadline before suspension or termination. Immediate, proportionate restriction may be necessary for an imminent security or safety risk, serious unlawful activity, or a binding legal order. We explain the action and available review process as soon as lawful and reasonably possible, and reassess restrictions when their cause is resolved.

The customer may request cancellation through the customer area or our contact address. Unless otherwise agreed or required by law, ordinary cancellation takes effect at the end of the paid period and prevents the next renewal. Early voluntary cessation does not itself establish a right to a refund for unused time; rights arising from withdrawal, defective performance or other mandatory grounds remain unaffected.

Before routine deletion after termination, we communicate the intended deletion date and a reasonable opportunity to export data, subject to applicable law and any urgent restriction. A suspension is not a backup service. Any retention or export obligations imposed by law take precedence over the agreed end-of-service procedure.

Termination of colocation does not transfer ownership of equipment to us. We arrange collection with the customer and notify them before any further action concerning uncollected equipment. We do not acquire, sell or dispose of it merely because an invoice is overdue; any recovery, storage or disposal action must have a lawful basis and comply with applicable notice requirements.

9. Consumer withdrawal and early commencement

A consumer who concludes a service agreement at a distance generally has 14 days from conclusion to withdraw without giving a reason. The same right applies to eligible sole traders where required by law. To exercise it, send an unambiguous statement identifying the customer and agreement to our email or postal address. The statutory withdrawal form may be used but is not compulsory. Sending the statement before the deadline is sufficient.

If the customer wants the paid service to begin before that period expires, we obtain an express request and acknowledgement that withdrawal rights are lost only after full performance where the statutory conditions for that exception are satisfied. Activation alone does not remove the right to withdraw from an ongoing service. On withdrawal after a properly requested early start, the customer pays only the proportion attributable to the service already supplied, as permitted by law. No such charge is imposed where the statutory request or information requirements were not met.

We return payments due following withdrawal without undue delay and within the statutory 14-day period, using the original payment method unless the consumer expressly agrees to another method that carries no cost. We do not require acceptance of WHMCS credit instead of a statutory refund. Mandatory extensions of the withdrawal period and other consumer remedies remain applicable.

10. Complaints and dispute resolution

Send complaints to [email protected], through the customer area or to ul. Łódzka 8/12, lok. 8.18, 42-202 Częstochowa, Polska. Please identify the agreement, describe the issue and state the requested resolution; missing non-essential information does not invalidate a complaint. We assess the facts and communicate the outcome on a durable medium.

We answer consumer complaints within 14 days of receipt unless a different mandatory rule applies. Statutory consequences of failing to answer in time and rights relating to non-conforming digital services remain unaffected. Contractual service credits do not replace remedies which cannot lawfully be excluded.

Information about Polish alternative dispute resolution bodies is available at https://polubowne.uokik.gov.pl. The competent body and conditions depend on the dispute. Where required, after an unresolved complaint we inform the consumer about the relevant ADR route and our position on participation. Access to the competent courts remains available. The discontinued EU ODR platform is not a complaint channel.

11. Liability and B2B allocation of risk

For B2B agreements only, to the extent permitted by law and unless individually agreed otherwise, our aggregate contractual liability arising from an event and related events is limited to fees paid for the affected service attributable to the three months immediately preceding the event. For a shorter service period, the limit is the fees paid attributable to that period; for a one-off service, it is the fee paid for that affected service. Prepayments covering longer periods are apportioned to the relevant period.

For those B2B agreements, liability for lost profits and indirect or consequential loss is excluded to the extent permitted by law. These limitations do not cover intentional harm or any liability that applicable law does not allow to be excluded or limited. They do not restrict the mandatory rights of consumers or eligible sole traders, or mandatory duties concerning personal data.

A party relying on an exceptional event outside its reasonable control must establish its effect on performance, notify the other party where practicable and take reasonable steps to reduce disruption. This provision does not label all outages or attacks as force majeure and does not override statutory termination, refund or liability rules.

12. Changes, applicable law and contract documents

We may publish new terms for future agreements. Changes to an existing fixed-term agreement require the parties' agreement unless a mandatory legal rule provides otherwise. Any permitted change must identify its reason, scope, effective date and applicable customer rights on a durable medium. Continued browsing is not acceptance of a contractual change. Renewal price notices follow section 5.

Polish law governs the agreement. This choice does not deprive consumers of mandatory protection under the law that would otherwise apply, including the law of their habitual residence where applicable. Jurisdiction follows the applicable rules; these terms do not impose an exclusive court on a consumer. Language versions are intended to have the same meaning; no translation overrides mandatory protections or the accepted individual offer.

Where we process personal data on the customer's behalf, the required data-processing agreement must be concluded separately before that processing. The privacy notice explains our own processing and does not replace that agreement. Contract documents and their applicable version may be requested from our contact address.