Terms of Service
Revision dated November 10, 2026
1. Agreement and scope#
1.1. These Terms govern services supplied by Senko Digital LLC, company number 445798067, Terenti Graneli Street N10-12, Entrance 2, Floor 1, Tbilisi, Georgia (Senko Digital, we, us). You must be at least 18, legally able to contract, and authorised to act for any organisation you represent.
1.2. Services means the hosting, servers, domains and related services you order. Client Content means the data and software you place on them. A consumer is an individual acting wholly or mainly outside their trade or profession; other customers are business customers. Your selected payer type, order details and use are evidence of status; the actual circumstances determine it. Business days exclude weekends and Georgian public holidays.
1.3. You accept these Terms expressly at registration or ordering. Each service order becomes binding when accepted and payment is confirmed. The order's specifications and price, these Terms including Schedule 1, and the Acceptable Use Policy (AUP) form the agreement. Specific agreed order details prevail over general service descriptions; Schedule 1 prevails for processing Client Content. The Privacy Policy explains our processing and is not a request for blanket consent.
1.4. English is the sole authoritative version of our legal documents and the legally binding version of this agreement. Translations are provided for convenience. If versions differ, English prevails to the extent permitted by mandatory law. Support, formal notices and other communications are in English unless we agree otherwise or mandatory law requires another language. Legally required local-language information and non-waivable rights remain protected. An invalid term does not invalidate the remainder where law permits.
2. Changes to the agreement#
2.1. We may propose amendments for legal, security, technical or operational reasons. Amendments to these Terms, their schedules or the AUP require express acceptance through the confirmation checkbox in the Client Area. We notify you of the proposed version, effective date and acceptance deadline, allowing a reasonable opportunity to decide and any notice required by law. Renewal and continued use after that deadline require acceptance of the current version. If you disagree, email [email protected] to reject the amendment and request termination of the agreement and cancellation of affected services; we refund prepaid, undelivered time pro rata by day from termination. If you do not accept by the deadline, we may decline renewal and end affected services on the notified date with the same refund. Silence or continued use is not acceptance; the existing version governs until acceptance or termination. Rejecting an amendment does not itself trigger an abuse penalty. Corrections that neither reduce rights nor increase obligations need no new acceptance. Prices follow Section 2.2; the Privacy Policy is informational and any legally required processing consent is requested separately.
2.2. We may adjust recurring prices to reflect demonstrable changes in service costs, including infrastructure, energy, network, third-party services, taxes or regulatory requirements, proportionately to the net change and taking savings into account. We email the reason, old and new price and effective date at least 14 calendar days before the first increased charge, or earlier where law requires. Paid periods are unchanged. If renewal remains enabled, your service renews at the notified new price. If you disagree, disable renewal and the service ends when the paid period expires. Advance payment for a cancelled future renewal is returned under Section 4. Declining a future price alone does not create a right to end an unchanged paid period early. Any mandatory consent or cancellation rights remain applicable. Reductions may apply immediately.
3. Payments and automatic renewal#
3.1. Services are prepaid for the selected billing period and activate after confirmed payment. The order shows the currency, price, billing period and applicable taxes or charges before payment. We account for taxes we are legally required to collect; business customers remain responsible for taxes legally payable by them. Powering off a server does not stop charges for reserved resources.
3.2. Automatic renewal is offered at ordering and enabled by default, with an option to disable it. Accepting an order with renewal enabled authorises renewal from the account balance or the linked payment method you designate, subject to any required provider authorisation. You can change the method, disable renewal or cancel the service in the Client Area at any time without a notice period or cancellation fee. Cancellation takes effect at the end of the paid term; you may reverse it before expiry. A charge already completed is handled under Section 4. A future renewal invoice alone does not oblige you to renew. PayPal mandates can also be cancelled in PayPal. Renewal is also subject to the acceptance requirement in Section 2.1; leaving renewal enabled does not accept amended Terms.
3.3. We normally send renewal reminders on the following days before expiry: 10, 5, 4, 3, 2, 1 and 0 when the account balance is insufficient; and 5, 4, 3, 2, 1 and 0 for manual renewal. Day 0 is the expiry date. Authorised automatic payment attempts normally begin 3 days before expiry; earlier product-specific dates are disclosed where applicable. If a payment fails, you may need to re-enable the payment method or pay manually; further attempts are not guaranteed. A monthly limit for automatic account top-ups covers those top-ups; separate subscriptions have their own payment controls. Check payment status and ensure payment by the due date. Disabling renewal withdraws authorisation for future renewal payments; payments already initiated may still complete and are handled under Section 4. Price changes follow Section 2.2.
3.4. Unpaid services are suspended at expiry. Recovery periods are 7 days for VPS, game hosting and other services, and 3 days for dedicated servers. Domain recovery is normally 30 days, subject to the registry's rules and disclosed charges. During recovery you may restore hosting by paying the normal renewal price. Deletion follows Section 7. Manual renewal requires a new payment action. Upgrades charge the remaining period's price difference; downgrades require a new service and migration.
3.5. Account top-ups are prepayments for future orders, not deposits or interest-bearing accounts. Records identify the payment method and transaction reference; no allocation order is promised. Unused paid balance may be requested back by ticket or email to [email protected] and is settled on account closure under Section 4; it is non-transferable. Promotional credits are not cash. Report billing errors by ticket or email to [email protected] within 30 days of the charge. We investigate and correct confirmed errors without undue delay within legal deadlines; late reporting does not extinguish statutory claims. A payment reversed by chargeback or otherwise leaves a debt only for charges still lawfully owed, after reversing any corresponding unused account credit. Reversal alone does not cancel those charges. If the provider later restores the payment, we credit it and reduce the debt accordingly; the same amount is not recovered twice. Fraud, unpaid charges or abusive payment activity may be reviewed under Section 7; legitimately exercising payment-dispute or other legal rights is not itself abuse.
3.6. If you select Paddle, Paddle.com Market Limited (United Kingdom) is the merchant of record, responsible for transaction billing, invoicing and tax collection under its Buyer Terms and Privacy Notice. Paddle is unavailable for customers located in Georgia. Other methods are processed through the provider selected in the Client Area. Any currency conversion and provider charges are disclosed by that provider.
4. Withdrawal and refunds#
4.1. Consumers in the EU, Georgia, Norway and the United Kingdom may withdraw from a distance service contract within 14 calendar days of its conclusion without giving a reason, subject to lawful exceptions. Send a clear notice to [email protected] or a support ticket before the deadline; the model withdrawal form is optional. We acknowledge receipt and refund within 14 calendar days of receiving the notice, using the original method unless you expressly agree to another fee-free method. Missing legally required withdrawal information extends the period as prescribed by law.
4.2. Ordering requires selecting the separate, initially unticked early-start checkbox at checkout. This records your express request to begin performance before any applicable withdrawal period ends. Without it, the order cannot be completed and the service is not activated. If you withdraw, we charge for actual performance on a daily pro-rata basis only where law permits and the required request and information were obtained. Loss of withdrawal rights on full performance, or for digital content, requires the applicable consent and acknowledgement. Renewal does not normally restart withdrawal, except where law provides otherwise.
4.3. Goodwill refunds are discretionary and cover only full unused months, excluding partial months and suspended periods. We may refuse them for any material breach, fraud, illegal use, customer-caused problems or matters outside our control, including regional, ISP or third-party access restrictions, or for other reasons. We do not grant goodwill refunds for deliberate serious abuse. Domain registration, completed dedicated-server installation or setup, IP-transit services, BGP sessions and any other service clearly marked non-refundable before purchase are non-refundable, except where mandatory law requires otherwise. We do not sell software licences. These exclusions do not override refunds expressly owed elsewhere in this agreement or under mandatory law.
4.4. Where legally recoverable, we may deduct outstanding charges, payment-processor fees actually incurred, reasonable identity-verification costs where a check fails or exposes false account information, and documented direct losses caused by your breach, including remediation, IP-blacklisting and upstream charges. Deductions for processor fees, verification costs and breach losses only reduce a refund or paid account balance otherwise due, up to that amount; they are not separately invoiced or charged beyond it. This does not limit a separately recoverable business-customer indemnity under Section 10.4. Mandatory fee-free refunds and free statutory rights are not subject to prohibited deductions. Verification charges must be disclosed before the check where required. Category A, 100-point and KYC forfeiture follows Section 4.8; temporary holds follow Section 4.9.
4.5. Express refund promises elsewhere in this agreement are contractual rights. Daily pro-rata calculations use the price paid and calendar days in the billing period. Goodwill refunds (4.3) and contractual refunds for Category B termination (7.2) cover full unused service billing months, not calendar months. A full unused month is an entire monthly interval in the service billing schedule that remains unused after termination; partial intervals and suspended periods do not qualify. For longer prepaid terms, the actual price paid, including discounts, is allocated evenly across the service billing months paid for. Mandatory refund rules prevail. Unused paid balance is returned as money. Lawful deductions and independently applicable Sections 4.8–4.9 remain. Refunds use the original payment method or an agreed alternative if unavailable; account credit requires your request. Contractual termination refunds are processed within 14 business days after termination; goodwill refunds within 14 business days of approval. Earlier mandatory deadlines prevail. Request review of any refund decision by ticket or email to [email protected]; we reply in writing within 14 business days, without extending mandatory refund deadlines.
4.6. Cryptocurrency refunds reflect the fiat value received, converted to cryptocurrency at the refund-time rate, subject to mandatory rules. We use the original payment route where possible; a replacement wallet requires verification that it belongs to the same payer. We bear network fees for legally fee-free refunds; voluntary-refund fees must be disclosed and agreed. Where a processor blocks funds before payment confirmation and neither we nor an agent collecting for us has received them, no paid service order is concluded under Section 1.3. We cannot release or refund blocked funds outside our receipt or control; recovery follows the processor's procedure. This does not exclude liability legally attributable to us.
4.7. Each separately ordered service is a separate contract with its own applicable withdrawal period; withdrawing from one does not end unrelated services. A genuine bundle sold as one contract for one price is treated as that bundle, subject to any mandatory right concerning individual components. Withdrawal from a main service also ends its legally ancillary contracts as applicable law requires. Merely accepting these framework Terms or topping up an account does not itself order a service or start a service withdrawal period.
4.8. Category A, 100-point and KYC forfeiture. Where we terminate an account for a confirmed Category A breach or permanently suspend it at 100 or more abuse points, the entire unused paid account balance and all prepayments for undelivered service periods are retained as an agreed contractual penalty, forfeited and not refunded. This applies to consumers and business customers alike. The same forfeiture applies independently to each KYC breach listed in Section 5.2, including while the account remains suspended rather than terminated. This policy does not apply to an unauthorised compromise you neither caused nor permitted and promptly remedied. You must demonstrate these circumstances with supporting evidence. A court or arbitrator may reduce a disproportionate penalty; the same loss is not recovered twice. Stolen or unauthorised payments are handled with the lawful payer or provider; frozen funds follow the applicable order. A penalty based on an overturned finding is reversed unless repayment is legally prohibited.
4.9. Temporary refund holds. During suspension, reasonable documented suspicion of fraud, unauthorised payment, money laundering or other unlawful payment/refund activity may justify a temporary hold on affected funds while we verify the payer and investigate with the provider or competent authorities, where law permits. We do not need a criminal conviction to investigate credible concerns. The hold must be necessary, proportionate and promptly reviewed; suspension alone does not justify indefinite withholding or retaining unrelated funds. Mandatory refund deadlines and binding orders prevail. Any balance lawfully due is released when the basis ends; a hold itself does not transfer ownership to us.
5. Customer responsibilities and verification#
5.1. Keep account details accurate, safeguard credentials, secure your systems and maintain independent backups. Obtain required rights and software licences; Senko Digital does not sell licences. Senko Digital is not a “bulletproof” hosting provider. We do not offer, advertise or authorise hosting that ignores substantiated abuse reports or evades binding, applicable legal orders. All use of our services must comply with the AUP and applicable law. Senko Digital is not liable for loss or damage to the extent caused by your inaccurate information, insecure account practices or other actions, except to the extent our own breach contributed or liability cannot lawfully be excluded. Sections 9 and 10 apply. You may request VPS or game-hosting migration within our infrastructure, subject to availability and technical feasibility.
- (a) bypassing or attempting to bypass required verification;
- (b) providing false or misleading KYC information or documents;
- (c) having a third party substitute their identity or complete the personal verification required of another person.
An authorised company representative may verify their own identity and authority; that is not identity substitution. A failed check alone does not establish one of these breaches. Findings may be challenged under Section 7.
5.3. OS images are installation conveniences, not software licences. Windows images include no Microsoft licence, product key or activation entitlement. You must obtain and maintain licences and any access rights required for the installed edition and its use on the selected hosted infrastructure, and perform any required activation. The availability, installation or technical activation of an image does not itself establish lawful licensing or permit circumvention of licensing controls.
6. Providing the services#
6.1. Unless a different period is expressly agreed before ordering, we aim to activate servers within 3 calendar days (72 hours) after confirmed payment. Billing starts on activation. If activation exceeds the applicable provisioning period (72 hours unless a different period was expressly agreed before ordering), you may cancel for a full refund before activation or request it within 24 hours after working access and the activation notice are provided; use during that window does not waive this option. The refund ends the affected service. If the ordered plan is unavailable because capacity or IP addresses are exhausted, we offer a comparable plan in another location where available, at your request and with your agreement; any price difference is settled. You may instead wait or cancel the unprovisioned order for a full refund. Mandatory remedies remain unaffected.
6.2. We host content at your request and do not generally monitor it. We investigate substantiated abuse reports and lawful orders and act promptly against illegal content. Security investigations may use account, billing and access records. Access to Client Content is limited to providing the service, your instructions or a lawful requirement, under Schedule 1. Third-party geolocation databases may identify IP addresses incorrectly; we do not guarantee their accuracy.
6.3. We give at least 30 days' notice of planned discontinuation or material service changes, except urgent legal or security action. If we discontinue a service, or you end it because a change materially reduces the purchased service, we refund prepaid, undelivered time pro rata by day from termination. You may instead choose an available equivalent alternative. Section 4 governs processing and lawful deductions; mandatory conformity and reimbursement rights remain applicable.
6.4. Support covers the infrastructure we operate and the services expressly included in your order. Unless separately agreed, assistance with your applications, operating-system configuration or third-party software is courtesy support on a best-effort basis, without a guaranteed outcome or additional warranty. Server administration or other work outside the agreed scope requires separate agreement on scope and any charges. This does not reduce our obligations for purchased services or mandatory consumer rights.
6.5. Third parties may restrict connectivity through regional blocking, ISP filtering, protocol restrictions or IP-address blocking outside our control. We do not promise accessibility through every network or third-party platform. Such a restriction alone does not establish our breach or qualify for SLA credits or a discretionary refund; available IP-replacement options follow Section 9.4. This does not excuse a fault attributable to us or failure to meet expressly agreed service requirements, or restrict statutory withdrawal, conformity or other mandatory remedies.
7. Suspension, termination and data retrieval#
7.1. Category A violations trigger immediate suspension to stop the threat. Following review, serious or deliberate abuse may justify termination without a cure period. Category B normally receives written notice and at least 24 hours to remedy before suspension, unless urgent security or legal requirements require immediate action. We explain the facts, contractual or legal grounds, scope, duration and available review, unless disclosure is legally restricted.
7.2. Abuse points and recorded violations are visible in your account. Category B points decrease over time and may accumulate only below 100; Category B violations alone cannot trigger the 100-point ban. Category A points do not decrease over time. At 100 or more points, the account is permanently suspended and its services end under the same financial policy as a Category A termination in Section 4.8. A confirmed Category A finding is required for that threshold; serious Category A abuse may justify earlier termination. Challenge findings or calculations by ticket or email to [email protected], including when account access is blocked. We correct errors and reverse measures without a remaining valid basis; review does not guarantee reinstatement if the threshold remains correctly reached. For Category B termination below 100 points, we return unused paid account balance and prepayments for full unused service billing months remaining after termination, less lawful deductions under Section 4.4 and subject to permitted holds under Section 4.9. This contractual refund excludes partial billing months and suspended periods, without limiting any greater or daily refund required by law. Category A and 100-point terminations follow Section 4.8 instead. Section 4.5 governs calculation and payment. Independent KYC forfeiture under Sections 4.8 and 5.2 also applies.
7.3. You may end renewal as described in Section 3. You may also terminate for our material breach if we fail to remedy it within 30 days of written notice, without restricting any right to act sooner under mandatory law. On that termination, we refund prepaid, undelivered time pro rata by day from termination, under Section 4. Accounts under common control may also be restricted where review establishes circumvention or related abuse; an IP-address match alone is insufficient.
7.4. On ordinary expiry or termination, hosting data is retained for the recovery periods in Section 3: ordinarily 7 days for VPS/game hosting and 3 days for dedicated servers, then deleted. VPS disk-image exports must be requested from our support team by ticket and can be created only while the service is active, not suspended and not being removed. We provide one free disk-image export per VPS service, with a download link valid for 7 days. Arrange the export while the service meets these conditions; the recovery period does not itself make a suspended service eligible for disk-image creation. These conditions do not restrict mandatory data-return, switching or retrieval rights; interactive access may remain blocked where lawful, and unlawful material is not returned where prohibited. Binding preservation duties and Section 7.5 may require longer retention of copies. Requests for legally required return of retained data are handled by support ticket or email to [email protected] under S1.9. Once the service data and all relevant copies have been lawfully deleted, they cannot be returned or recovered; timely return requests and mandatory retention duties must be honoured before deletion. If deletion is already under way, return is limited to data or retained copies that still exist and are technically retrievable; we do not recreate irreversibly deleted data or guarantee recovery from an ongoing deletion process.
7.5. Statutory rights when switching providers. This paragraph applies only to services and EU customers covered by mandatory data-processing-service switching law; it does not give every expired or banned VPS 30 days of continued operation. Request a covered switch or deletion through a support ticket or email to [email protected]. For a planned switch, arrange disk-image creation while the service is active under Section 7.4; those ordinary export conditions do not restrict mandatory switching, data-return or retrieval rights. No advance notice is required for a covered switch. A switch normally takes at most 30 calendar days; a necessary technical extension is explained within 14 business days and cannot exceed 7 months, with customer-requested extensions where law permits. We provide reasonable assistance, continuity, security and export of Client Content and customer-generated configuration/usage metadata in a structured, commonly used, machine-readable format, excluding protected internal assets and other customers' data. The service contract ends on successful switching, or on the requested termination date where deletion without switching is requested. For switching, export copies remain retrievable for at least 30 calendar days after transition, then are erased unless law requires retention. This is data retrieval, not continued use of the old VPS. Ordinary service fees apply while service continues; switching charges are restricted or prohibited as law requires. These mandatory periods override shorter copy-deletion periods only in covered cases.
8. Sanctions, embargoes and restricted customers and territories#
8.1. Sanctioned persons and embargoed jurisdictions. Services must not be used by, on behalf of, or for the benefit of any individual or entity targeted by applicable sanctions or listed on an applicable restricted-party list, including the EU consolidated sanctions list. This includes owned or controlled entities where the applicable measures cover them. We comply with sanctions and export controls legally applicable to us and the services, including applicable EU, UN and US measures. We do not serve persons or entities located, established or ordinarily resident in a jurisdiction subject to a comprehensive embargo or restrictions preventing lawful provision, including customers whose billing country is such a jurisdiction.
8.2. Additional service-policy restrictions. Restricted destinations include, among others, North Korea, Iran, Syria, Cuba, the Autonomous Republic of Crimea, the city of Sevastopol, and the occupied parts of the Donetsk, Luhansk, Kherson and Zaporizhzhia regions. We do not serve customers located, established or ordinarily resident there, or companies, registered sole traders and other legal entities registered in Russia or Belarus. These commercial restrictions do not mean every affected person is legally sanctioned. Other individuals who are not registered sole traders may use services on their own behalf if otherwise eligible, but not for restricted persons or entities. Additional commercial restrictions are introduced under Section 2.
8.3. Eligibility warranty and circumvention. At registration and throughout the relationship, you represent and warrant that you, your organisation, its owners including beneficial owners, and your end users are not restricted under this Section, applying the distinction in Section 8.2 between businesses and other individuals. Notify [email protected] promptly if this changes. Ineligible persons must not register or place orders; do not resell or otherwise make services available to them. False identity, location, payer-type or beneficial-ownership details, or choosing an individual account to bypass business restrictions, are material breaches. Confirmed circumvention may justify immediate termination without a cure period or completion of verification, subject to mandatory law. Acting on behalf of a restricted person or entity is prohibited; ordinary VPN or internet-proxy access is not prohibited in itself. VPNs and proxies must not be used to conceal ineligibility or circumvent these restrictions.
8.4. Verification and enforcement. We may reject registrations or orders and immediately suspend accounts where there are reasonable grounds to suspect ineligibility. Verification requests identify the necessary documents and normally allow 14 days for complete, accurate, legible and authentic submissions. We identify readily correctable deficiencies and allow a reasonable correction opportunity; this does not require repeated reminders, unlimited attempts or restarting the deadline. Subject to mandatory law, confirmed restrictions, refusal to cooperate or eligibility remaining unverified after that opportunity may lead to termination without further notice. Failed verification alone does not prove fraud or sanctions evasion. We restore suspended access once eligibility is established unless another valid restriction remains; review follows Section 7.
8.5. Payments, refunds, deductions, Category A penalties and temporary holds follow Section 4. Binding law or an authority order may require funds to be frozen, preserved or surrendered; a hold is limited to its justified amount and duration and reviewed without undue delay. It is lifted when its basis ends, subject to any other lawful ground. A freeze does not transfer ownership to Senko Digital. Commercial-policy changes follow Section 2; binding sanctions and export restrictions apply when required by law.
9. Availability and service credits#
9.1. Eligible services have a 99.9% monthly availability commitment. Qualifying downtime is actual unavailability due to an outage or unplanned maintenance. Customer-caused downtime is excluded to that extent; our own contribution and mandatory liability follow Section 10. Lawful suspension and Section 12 events are excluded. Planned maintenance is excluded only for actual unavailability caused by work actively performed within Section 9.3's notice and duration limits. An announced window alone does not exclude unrelated outages. Free trials, beta/test, BUDGET and No-SLA services are excluded. Supplier failure is not automatically excluded.
9.2. Monthly availability is (calendar-month minutes minus qualifying downtime minutes) divided by calendar-month minutes, multiplied by 100. We measure each affected service using monitoring records, incident logs and reasonable customer evidence; opening a ticket does not determine when an outage started. Overlapping causes count once. For each qualifying incident, request a service extension equal to twice its downtime within 30 days, whether or not monthly availability falls below 99.9%. Total extensions are capped at 30 days per affected service per calendar month and apply only to that service. We review requests without undue delay and explain our decision. The deadline and ceiling apply only to these contractual credits; statutory remedies, material-breach termination and liability that cannot be excluded remain unaffected. No double recovery applies to the same loss.
9.3. We announce planned maintenance at least 48 hours ahead on senkostatus.com and, where possible, by email. A multi-day announced window does not count in full as excluded maintenance. Only actual service unavailability caused by maintenance work actively being performed is excluded, ordinarily for up to 24 hours per calendar month. Time when the service remains available is not downtime. Unrelated outages within the window remain subject to Section 9.1; actual maintenance unavailability beyond the applicable limit qualifies there unless another exclusion applies. Larger goodwill credits may be granted case by case.
9.4. IP addresses are assigned for use with the service, not sold, and may be reassigned after it ends. Subject to availability, replacements caused by our side, including previous-tenant blacklisting, are free. Customer-caused or elective replacements may cost EUR 5–20, disclosed before agreement.
9.5. The extensions in this Section are the sole and exclusive contractual remedy for qualifying downtime as such, to the extent lawful. This does not restrict statutory remedies, termination and refunds for our material breach, claims preserved by Section 10.3 or other liability that cannot lawfully be excluded. The SLA is a contractual availability undertaking, not a separate express guarantee creating unlimited liability under Section 10.3. No double recovery applies to the same loss. We may grant larger goodwill extensions case by case; an extra extension does not amend the standard calculation, establish a precedent or create an SLA entitlement for BUDGET or other excluded services.
10. Responsibility and liability#
10.1. You are responsible for your content, software, lawful use and backups. We remain responsible for performing our own contractual duties. For consumers, services must meet the agreed and legally required quality, functionality, security and conformity standards throughout the period required by law. Available remedies include bringing services into conformity, price reduction or termination and reimbursement where the legal conditions are met; no blanket two-year limit applies to continuing services.
10.2. For business customers only, liability for ordinary negligence is limited to foreseeable loss typical of this contract and, in aggregate, to fees paid for the affected services in the 12 months before the event giving rise to the claim, to the extent lawful. Claims from the same or connected events are treated together, measured from the first event. Indirect loss and lost profits are excluded to the extent lawful. Reasonable backup measures and avoidable loss are taken into account. All exceptions in Section 10.3 apply.
10.3. No exclusion or cap applies to fraud, intentional misconduct, gross negligence, death or personal injury, an express guarantee, or other liability that cannot legally be limited. Consumer rights and statutory limitation periods remain unaffected. We do not shorten the legal deadline for bringing a claim.
10.4. Business customers must reimburse reasonable third-party claims and defence costs caused by their culpable breach or unlawful content, to the extent legally recoverable. We notify them promptly, allow reasonable participation in the defence and mitigate loss. This does not cover our own fault or permit a settlement imposing obligations on the customer without consent. Consumers bear only liability arising under applicable law.
10.5. Subject to Section 10.3 and mandatory law, Senko Digital excludes liability for loss, corruption, unavailability or recovery of Client Content to the extent exclusion is legally permitted. Maintain current, independent backups suited to your risk. If exclusion is not permitted, liability to business customers for ordinary negligence is limited, where lawful, to reasonable restoration costs that would have arisen with suitable current backups and the aggregate cap in Section 10.2, whichever is lower. This clause does not remove mandatory consumer or data-protection rights or our duty to perform an expressly purchased backup service or required data return.
11. Content and intellectual property#
11.1. You retain ownership of Client Content and grant only the permissions needed to host, transmit, back up and operate the service under your instructions, including limited return or retention after termination. Our software and materials remain ours or our licensors'; you may use them to receive the service under the applicable licence. Without authorisation, do not copy, redistribute, modify, reverse engineer, decompile or disassemble our proprietary software or materials, or hack, bypass access controls, compromise or interfere with our systems or other customers. Mandatory statutory exceptions and rights under applicable third-party or open-source licences remain unaffected. Security testing must comply with the AUP.
11.2. We keep non-public customer information confidential, except for authorised service provision or lawful disclosure. We use customer names or logos in marketing only with permission. Public reviews may be displayed only where we have an appropriate licence or other legal basis; publication alone does not grant unlimited reuse rights.
12. Events beyond reasonable control#
12.1. Subject to Section 10.3 and mandatory law, neither party is liable for delay, interruption or non-performance to the extent caused by an event outside its reasonable control that could not reasonably have been prevented or overcome, and only for as long as performance is prevented. The affected party must mitigate, inform the other and resume performance when reasonably possible. Accrued lawful payment obligations and refund obligations are not excused. Ordinary equipment failure is an operational risk, not automatically such an event. After more than 14 consecutive days either party may end the affected service; we refund prepaid, undelivered time pro rata by day from termination under Section 4, without reducing mandatory remedies.
13. Governing law and resolving disputes#
13.1. Georgian law governs this agreement. For consumers, this choice does not remove mandatory protections under the law applicable in their country of habitual residence. Send complaints to [email protected] or [email protected]. We seek a good-faith resolution within 30 days; mediation may be agreed. This process does not prevent urgent relief, regulatory complaints or action needed to meet a legal deadline.
13.2. Business customers that are legal entities agree that unresolved arbitrable disputes will be resolved by binding arbitration under the Georgian International Arbitration Centre (GIAC) Rules, by one neutral arbitrator, seated in Tbilisi, Georgia, in English. The arbitrator decides the dispute; arbitration has no jury trial. Remote or written proceedings may be agreed consistently with fairness and the Rules; costs follow the Rules. For natural persons, including sole traders, arbitration requires a separate agreement signed by both parties in the legally required form. Statutory court powers concerning arbitration remain available.
13.3. Valid business arbitration proceeds on an individual basis, without class, collective or representative arbitration, unless the parties agree otherwise and the Rules and law permit it. This restriction does not prohibit non-waivable statutory representative actions, regulatory proceedings or other mandatory remedies. Consumers may agree to mediation or arbitration after a dispute arises; otherwise competent courts remain available. Tbilisi courts are agreed for business disputes not validly subject to arbitration, subject to mandatory jurisdiction rules. Nothing here affects non-waivable statutory rights; if a provision is invalid, the remainder stays in force to the extent law permits.
14. Notices and transfer of the agreement#
14.1. Send formal notices to [email protected]; support and withdrawal notices may also use [email protected]. We contact you at your account email and through the Client Area. Legally required durable notices are provided by email or another retainable format. Keep contact details current. Applicable receipt rules govern delivery; posting alone does not automatically establish receipt of every legal notice.
14.2. We may transfer the agreement in a business reorganisation or sale with at least 30 days' notice. If this reduces your protections, you may end the affected service without penalty; we refund prepaid, undelivered time pro rata by day from termination under Section 4. You may transfer accounts or services only with our written consent. Resellers act independently and cannot bind Senko Digital. Accrued payment obligations, appropriate confidentiality, liability and dispute provisions survive termination.
14.3. A delay or failure to enforce a term, or a discretionary concession in one case, does not by itself waive that term or future enforcement. A waiver must be clearly agreed and applies only to its stated scope. Mandatory law, good faith and any rights arising from legally binding representations remain unaffected.
Schedule 1 - Data Processing
This Schedule is part of the agreement and is accepted with it. It applies automatically when we process personal data in Client Content on your behalf. It is our written processing agreement under Article 36 of Georgian data-protection law and Article 28 GDPR.
S1.1. Roles. For personal data in Client Content, you are the controller or an authorised processor and we act as your processor or subprocessor respectively. You determine the lawful purposes and have authority to give instructions. We are separately the controller for account, billing, verification and support data described in the Privacy Policy.
S1.2. Processing details. We store, host, transmit, back up and technically process Client Content as needed to provide the services under this agreement and documented instructions. Processing lasts for the service term and permitted return/retention periods in S1.9. You determine the personal-data categories and data subjects through the content you place on the service, including your customers, end users, personnel and other individuals.
S1.3. Documented instructions. We process Client Content only on your documented instructions, including for transfers. This agreement and your service configuration and use form those instructions. We inform you if an instruction appears to infringe applicable data-protection law. Where law requires different processing, we assess it under all applicable data-protection and transfer rules and inform you before processing unless legally prohibited. A foreign authority’s order does not, by itself, authorise disclosure under GDPR.
S1.4. Confidentiality. Everyone we authorise to process Client Content is bound by contractual or statutory confidentiality, continuing after their engagement ends.
S1.5. Security. We maintain technical and organisational measures appropriate to the risks, taking account of current technology, implementation costs and the nature, scope, context and purposes of processing. Our measures are described in the Privacy Policy.
S1.6. Subprocessors. You authorise Backblaze, Inc. (United States) for EU-region storage of game-server backups you initiate and VM exports you request, without automatic or continuous uploads. Other processors require prior written authorisation as required by law; we provide their identity, location, function and contact details privately before processing. Proposed additions or replacements receive at least 30 days' notice and required authorisation. You may object on reasonable data-protection grounds; if unresolved, you may end the affected service with a daily pro-rata refund of prepaid, undelivered time from termination under Section 4. We impose equivalent protection and remain responsible. Cloudflare and Sucuri serve only our websites and Client Area, not customer services.
S1.7. Rights assistance. We assist with data-subject requests through appropriate technical and organisational measures, taking account of the processing and what is possible. A request we receive about Client Content is referred to you and notified without undue delay; we do not independently decide your response.
S1.8. Incidents and assistance. We notify you without undue delay of a personal-data incident affecting Client Content and provide available information under Article 29(2) of Georgian data-protection law and Article 33(2) GDPR. We assist with processing security, authority/data-subject notifications, impact assessments and prior consultation as applicable.
S1.9. Return and deletion. Ordinary VPS disk-image creation is available only by support ticket while the service is active, not suspended and not being removed, under Section 7.4. At the end of processing, we return or delete personal data in Client Content at your choice and delete copies unless law requires retention. Submit data-return requests or your return/deletion choice by support ticket or email to [email protected], including when account access is blocked; without a choice, the applicable Section 7 retrieval and deletion periods apply. If suspension or expiry prevents ordinary disk-image creation, support arranges secure return only while the relevant service data or a retained copy still exists in our possession; this does not restore general VPS access. After lawful deletion of the service data and all relevant copies, return or recovery is unavailable. Timely return requests and mandatory preservation or retrieval periods must be honoured before deletion. Statutory switching may require longer retention of retrieval copies. In a processing dispute, we cease processing and return all Client Content as required by Article 36(8) of Georgian data-protection law. If deletion is already under way, return is limited to data or retained copies that still exist and are technically retrievable; we do not recreate irreversibly deleted data or guarantee recovery from an ongoing deletion process.
S1.10. Information and audits. We provide compliance information and allow and contribute to audits required by Article 28 GDPR and Article 36 of Georgian data-protection law. We normally begin with relevant documents or remote review, without replacing a necessary inspection or the controller's lawful choice of audit method. Routine audits normally occur once a year, during business hours, on at least 14 days' notice; shorter notice and additional audits remain available when necessary following an incident, material concern or authority request. We agree a proportionate scope and a competent auditor bound by confidentiality, protecting other customers’ data and service security. You bear your auditor's costs and we bear ordinary compliance-cooperation costs. Any lawful charge for extraordinary additional assistance must be reasonable, documented and agreed in advance; none applies to investigating or remedying our breach or may obstruct statutory audit rights. Authority powers and mandatory obligations prevail.
S1.11. Location and transfers. Your selected service location is Germany, Finland or the Netherlands. Client Content is not stored in Georgia; authorised staff there may access it for administration and support under the Privacy Policy safeguards. Storage outside these countries requires your instruction or prior written authorisation, or a lawful requirement assessed under the applicable protection/transfer rules, with prior notice unless law prohibits it.
S1.12. Priority. This Schedule prevails over other agreement provisions on personal-data processing. A separately executed DPA prevails over this Schedule to the extent of conflict. Mandatory data-protection obligations remain applicable.