TERMS OF SERVICE
Effective from July 1, 2023.
By using the services provided by WaveCom AS (registration code 10756058), you agree to the following terms and conditions ("Terms"):
1.1. The service provider is WaveCom AS (business registration code 10756058, located at Endla 16, Tallinn) ("WaveCom").
1.2. The current version of the Terms is available on WaveCom's website at www.wavecom.ee ("Website").
1.3. The term "Service" or "Services" refers to all services provided by WaveCom, including but not limited to cloud services, server hosting, private server, cloud server, web hosting, etc. Services can be ordered, modified, and terminated through the self-service portal on the website (hereinafter referred to as "Client Portal"). The current price list of WaveCom, which lists the prices for services (hereinafter referred to as "Price List"), is also published and available to the client in the Client Portal. Services have separate service-specific terms and conditions that define the details of service provision, including responsibilities and information security as well as service levels.
1.4. The term "Customer" refers to an individual who has ordered the Service in their own name or a legal entity on whose behalf the Service has been ordered.
1.5. The customer service available through the Customer Portal operates from Monday to Friday, 09:00-21:00, and on weekends and public holidays from 12:00-17:00. The customer support phone number +372 6850 000 is available from Monday to Friday, 09:00-17:00.
1.6. The use of Services in violation of the Terms or engaging in any illegal or unethical activities is prohibited.
1.7. The Terms also include technical and specific conditions that WaveCom may establish for the use of the Service ("Service Conditions"). These Service Conditions are generally displayed to the Customer before ordering the Service. By ordering and using the Service, the Customer agrees to comply with such Service Conditions.
1.8. WaveCom sends notifications and invoices to the Customer's email address provided by the Customer. The Customer ensures that the provided address is functional and that the Customer can receive invoices and other messages sent to that address. It is assumed that the Customer receives messages sent to that address no later than the second working day after sending.
1.9. Regardless of the language in which the documents concluded with the Customer are formulated, the resolution of disputes shall be based solely on the Estonian text; texts formulated in all other languages are considered translations made solely for the purpose of easier understanding by the Customer. The current version of the Terms in Estonian is always available on the Website.
1.10. WaveCom reserves the right to refuse the provision of Services in cases where the person wishing to order the Service has violated the conditions for using the services provided by WaveCom or third parties (including payment obligations) or good practices for using the internet, as well as for other substantial reasons for WaveCom. WaveCom is not obliged to justify or prove the grounds for refusal.
1.11. The Customer has the right to withdraw from the Service order made through the Website within fourteen (14) calendar days from the day of Service activation by terminating the Service through the Customer Portal. If the Customer requests a refund of the unused portion of the Service fee (the amount paid minus the fee for the days the Service was used) upon terminating the Service, it will be refunded immediately, but no later than 14 days from the receipt of the withdrawal notice by WaveCom.
1.12. WaveCom may terminate the provision of Services for substantial reasons by giving a 30-day notice.
2. CUSTOMER CONFIRMATIONS
2.1. By using the Services, it is deemed that the Customer has provided the following confirmations to WaveCom, and unless the Customer has notified WaveCom to the contrary, it is considered that these confirmations remain true and WaveCom may rely on them:
2.2. The Customer has carefully and attentively read these Terms, understands them unambiguously, and is aware of their rights and obligations.
2.3. The Customer is of legal age and capacity, there is no ongoing bankruptcy procedure or bankruptcy warning against the Customer, and in the case of a legal entity Customer, no decision on termination has been made.
2.4. All information provided by the Customer to WaveCom is accurate. The Customer understands that, in addition to WaveCom, third parties may rely on the accuracy of this information. The Customer is aware that providing false or incorrect information may result in sanctions and claims for damages against both the Customer and WaveCom.
2.5. The Customer has obtained all necessary consents and authorizations to use the Services in accordance with the requirements of the Terms, and such use does not involve a breach of any legal or administrative act, court decision, or any other legal relationship. The Customer has the means and skills to fulfill its obligations towards WaveCom.
2.6. The Customer shall immediately notify WaveCom if any of the above confirmations becomes untrue due to a change in circumstances.
3. WAVECOM'S RIGHTS AND OBLIGATIONS
3.1. WaveCom ensures the provision of Services to the Customer in accordance with ISO 9001, 27001, and 27017 standards, following industry best practices.
3.2. WaveCom provides the Customer with continuous access to the Services. However, the Customer should be aware that, due to the fact that the use of the Services depends not only on WaveCom but also on other parties (internet networks, electricity supply, etc.), WaveCom cannot guarantee uninterrupted and flawless operation of the Services beyond its scope of responsibility.
3.3. WaveCom will rectify any circumstances that impede the use of the Services under WaveCom's responsibility at its own expense within the time frame specified in the Terms.
3.4. WaveCom will publish foreseeable, current, and past Service interruptions and disruptions on the Website (https://clients.wavecom.ee/status) and/or provide relevant information to the Customer upon request via email. WaveCom will strive to notify the Customer of foreseeable and WaveCom-dependent disruptions and interruptions (e.g., maintenance work) as early as possible, at least 5 days in advance.
3.5. WaveCom has the right to suspend the provision of the Service or limit the use of the Service if the Customer violates the Terms, including if the Customer has exceeded the invoice payment deadline by at least 5 days. WaveCom will notify the Customer of the suspension or limitation of the Service at least 5 days in advance, unless the circumstances of the violation justify immediate suspension or limitation (also see ACCEPTABLE USE POLICY (AUP)).
3.6. WaveCom has the right to suspend the provision of the Service if there is reason to believe that the Service is being targeted by an attack or in any other way disrupts the provision of services to other customers, even if the Customer is not at fault.
3.7. WaveCom aims to keep its Services modern and competitive. WaveCom has the right to modify the principles of using the Services, including the technology and software solutions used for providing the Service. Changes in law, technological advancements, security issues, etc., may necessitate such modifications. WaveCom will notify the Customer of such changes at least 30 calendar days in advance if the changes may significantly affect the Customer's use of the Service.
3.8. WaveCom monitors its data center, networks, and systems 24 hours a day, 7 days a week, using multiple redundant monitoring systems that notify the team through various channels, including automated calls. All system activities are centrally logged, which are in turn monitored by various AI/ML applications to identify potential errors or threats. Additionally, automated systems also monitor network traffic via the NetFlow protocol for the detection and mitigation of cyber-attacks. Monitoring is also done for possible misuse or compromise of services by clients, including but not limited to spamming, cyber attacks, third-party complaints, etc. The monitoring of services is carried out to ensure quality performance, resolve faults or threats, and ensure compliance with Terms and Conditions in a manner that is consistent with the applicable laws.
3.9. WaveCom may grant Estonian law enforcement authorities access to its equipment upon their lawful request and to the extent necessary, to enable monitoring of the use of the Services or obtaining related data.
4. CUSTOMER'S RIGHTS AND OBLIGATIONS
4.1. The Customer has the right to use the Services according to their preferences and needs, but in compliance with the requirements of the Terms, applicable laws, and good practices.
4.2. The Customer shall not use the Services in a manner that disrupts the functionality of the communication network, technical systems, and servers.
4.3. The Customer shall inform WaveCom of any deficiencies, faults, or disruptions in the operation of the Services by contacting customer service or opening a support ticket in the Customer Portal.
4.4. The Client is responsible for the security of their data and user accounts (e.g., software updates, creating and maintaining backups). The Client shall not disclose the data that enables the use of their Services (e.g., usernames and passwords) to third parties; corporate clients must ensure that people using the Services on their behalf do not disclose such data to individuals without the right to receive them. The Client is responsible for all activities carried out using their username and password. It is strongly recommended that the client uses multi-factor authentication and/or ID card in the self-service portal and disables the possibility of logging in with just a username and password.
4.5. The Customer shall update the contact person's information in the Customer Portal if there are any changes.
4.6. The Customer shall use the Services according to the technical parameters specified in the Service order. If the ordered Service does not meet their needs, the Customer shall request a Service or additional resource that meets their requirements. Additional fees may apply for exceeding the technical parameters of the ordered Service if such fees are specified in the Price List.
4.7. The Customer shall pay the monthly fee even for the period when the provision of the Service was restricted or suspended due to circumstances caused by the Customer.
4.8. The Customer has the right to request copies of ISO 9001 and 27001 certificates or any other certificates attributed to WaveCom as evidence of compliance with WaveCom's requirements. Sworn auditors appointed by the Customer have the right to request copies of audit reports on information security standards to demonstrate WaveCom's compliance.
5. PRICE AND PAYMENT
5.1. The Customer pays for the use of the Services according to WaveCom's current Price List. The Price List is available to the Customer on the Website.
5.2. WaveCom invoices the Customer for the Services according to the chosen billing period. The billing period starts from the activation of the Service in the Customer Portal, and it is not dependent on whether the Customer has actually used the Service. The Customer shall immediately notify WaveCom if the invoiced amount for the Service has not been received on time or if the invoice is incorrect.
5.3. In the event of discontinuing the Service, the Customer pays the fee for the Service provided by WaveCom until the termination of the Service. If the Customer discontinues the Service before the end of the billing period, and the Service is billed on a period basis, the Customer pays the full fee for the period, and no refunds are made.
5.4. The Customer pays for the consumed Services within the payment deadline specified in the respective Service Conditions. If the Service Conditions do not specify a payment deadline, the Customer pays the invoice by the due date stated on the invoice, which shall not be less than 14 days.
5.5. WaveCom has the right to modify the Price List by providing a 30-day notice to the Customer. If the Customer continues to use the Services after the changes to the Price List have come into effect, it is deemed that the Customer has accepted such changes.
6. AMENDMENT OF THE TERMS
6.1. WaveCom has the right to modify the content, prices, and Terms (including Service Conditions) of the Services by notifying the Customer in writing at least 30 calendar days in advance. If the Customer continues to use the Services after the specified date in the notice, it is deemed that the Customer has accepted the respective changes. The changes will also be published on the Website before they come into effect. If the Customer does not agree to the changes in the Terms, the Customer has the right to terminate the use of the Services by submitting a termination request in the Customer Portal, and any prepaid amounts for the unused period will be refunded by WaveCom.
6.2. WaveCom has the right to make changes to the content and form of the Services for the purpose of enhancement and development without prior notification to the Customer. However, WaveCom will strive to notify the Customer in advance of significant and substantial changes.
7. SUSPENSION AND TERMINATION OF SERVICE PROVISION
7.1. WaveCom may suspend or refuse further provision of the Service or Services if the Customer has materially or repeatedly violated the Terms.
7.2. If the provision of the Service is suspended or terminated, the Client will no longer have access to the data. Upon termination of the Service, the data will be deleted, and restoration may no longer be possible. Further details are described in the specific terms of services.
8.1. The Services are provided to the Customer on an "as is" basis, meaning that they are made available to the Customer in their current state, including any possible deficiencies. WaveCom does not guarantee that the Services meet the Customer's expected purpose. WaveCom ensures that the services comply with ISO 9001, 27001, and other standards and product conditions.
8.2. WaveCom is not liable for Service interruptions if the interruptions were caused by the Customer's violation of the Terms.
8.3. WaveCom does not guarantee that the provision of the Services will be uninterrupted and error-free. Although WaveCom makes every effort to ensure that the provision of the Services is as uninterrupted and error-free as possible, WaveCom is not responsible for any possible damages resulting from interruptions and errors.
8.4. WaveCom is only liable for direct financial damages caused to the Customer due to intentional or grossly negligent breach of its obligations. WaveCom is not liable for claims and damages arising from the Customer's inadequate measures and practices, attacks from the Internet, or eavesdropping on network traffic. In no event shall WaveCom's maximum liability for the provision of the Services exceed the monthly fee for the respective Service.
8.5. Disputes related to the Services shall be resolved by mutual agreement. In the absence of an agreement, the dispute shall be resolved by Harju County Court.
8.6. The Customer shall reimburse all costs incurred by WaveCom in connection with the recovery of debts, including reminder fees, legal assistance, and debt collection services.
9. CONFIDENTIALITY AND DATA PROTECTION
9.1. WaveCom and the Customer shall keep confidential any information obtained from each other in any form, which has been indicated by the disclosing party as confidential or can reasonably be considered confidential, as well as sensitive and other personal data, and shall use such information solely for the performance of their obligations related to the Services.
9.2. WaveCom has the right to provide data and documents about the Customer's debt to credit registries.
9.3. With the Customer's additional consent, WaveCom has the right to use the fact of providing the Customer with the Service for its promotional activities.
10. DATA PROCESSING
10.1. WaveCom collects and uses the data provided by the Customer during registration (and later specified) for the following purposes:
10.1.1. Provision, analysis, and development of the Services;
10.1.2. Informing the Customer about matters related to the provision of the Services;
10.1.3. Managing and analyzing the customer database for marketing or statistical purposes;
10.1.4. Sending newsletters, offers, reminders, invitations, feedback surveys, etc.
10.2. During subsequent communication and the provision of the Services, WaveCom may also collect data regarding the Customer's orders, payments, sent messages, and notifications, among other things.
10.3. WaveCom has the right to record information about the Customer's IP address and store necessary cookies on the Customer's computer or other devices used to access the Services.
10.4. WaveCom may disclose the Customer's data to third parties when necessary for the protection of WaveCom's rights (e.g., to courts, debt collection agencies, bailiffs) or to fulfill a legal obligation imposed on WaveCom.
10.5. When processing the Customer's data (cloud services and server hosting), WaveCom may use authorized processors whom it deems reliable and who operate in compliance with confidentiality protection or with whom WaveCom has entered into data processing agreements. By using the Services under these Terms, the Customer grants WaveCom permission to utilize such authorized processors.
10.6. WaveCom does not disclose the Customer's personal data to third parties for marketing purposes.
10.7. The Customer can access the data stored about them in the Customer Portal.
10.8. Upon the termination of all Services, the Customer may request the removal of all collected data. However, in compliance with the law, WaveCom is obliged to retain certain data, so WaveCom will remove as much customer information as possible. Typically, WaveCom will close the user profile, clear the Customer's modifications, email, and customer support ticket logs, and delete all data not related to billing.
11. ACCEPTABLE USE POLICY (AUP)
11.1. The purpose of the Acceptable Use Policy (AUP) is to ensure compliance with applicable laws, maintain network security and availability, preserve customer privacy, and regulate other factors that may affect the provision of the Services.
11.2. Any violation of the AUP is considered a material breach of the Terms, and WaveCom has the right to temporarily suspend or permanently terminate the provision of the Services.
11.3. The use of the Services and WaveCom's infrastructure for illegal activities or activities prohibited by the AUP is strictly prohibited. Specifically, the following activities are strictly prohibited:
11.4. Sending spam or engaging in email marketing activities is strictly prohibited. Spam refers to messages sent to recipients who have not requested or consented to receiving such messages. An exception is the general email address of a legal entity associated with a specific legal entity's domain. Additionally, mass mailing to addresses registered with free service providers (e.g., Gmail, Hotmail, etc.) is not allowed, even if such an email address is used as the official email address in the business registry.
11.5. Sending mass mailings with forged email headers and/or false contact information is prohibited.
11.6. Unwanted mass postings. Sending unwanted mass postings is considered spamming. Unwanted refers to messages sent to individuals who have not specifically confirmed their desire to receive messages from the sender. Mass email senders must maintain a complete and accurate record of all individuals who have subscribed to their mailings and provide evidence, including email messages and headers showing that the individuals have subscribed, upon request by WaveCom. Failure to provide evidence will be treated as confirmation that the recipient's complaint is valid and that the posting was unwanted.
11.7. The rules for mass postings also apply to mailing lists and newsletters. Allowed are postings of mailing lists and newsletters that are focused on a specific target group that has voluntarily subscribed or made their email address available to the Customer for the purpose of sharing information. A mailing list or newsletter must provide an automated unsubscribe option and guarantee that no more emails will be sent to that email address.
11.8. It is also prohibited to engage in unwanted mass postings at another service provider, in a manner that suggests any affiliation with WaveCom, regardless of whether the message originated from WaveCom's network.
11.9. Hacking or exploiting any security vulnerabilities is prohibited. Unauthorized access to any server or system, including other WaveCom customers' accounts or WaveCom's own accounts, or scanning them, is prohibited.
11.10. The use of WaveCom's services for storing, posting, displaying, transmitting, or otherwise making child pornography available is strictly prohibited. If WaveCom becomes aware that its network is being used for the storage or transmission of child pornography, the police will be immediately notified.
11.11. Intellectual property infringement, including copyright, trademark, patent infringement, and the possession, use, and distribution of pirated software or the use of third-party software without the necessary license or consent, is prohibited.
11.12. Denial of Service (DoS) attacks or any other attempts to disrupt the operation of any service or server located on another network are prohibited.
11.13. The distribution of viruses, malware, or any other form of harmful code is prohibited.
11.14. If the Customer's use of the Service results in DoS or DDoS attacks that disrupt or impede the provision of services to other customers, WaveCom has the right to implement corresponding limitations on the Services to maintain a high service quality for other customers on WaveCom's network.
11.15. If WaveCom's email servers or IP ranges are blacklisted or included in any email filtering software used by internet companies as a result of the Customer's AUP violations, a one-time fee of €50 will be added to the Customer's account to cover the estimated working time spent on removing the servers and IP ranges from the blacklists and protecting them.
11.16. WaveCom allows the hosting of adult content on its servers, provided that it complies with the laws of the Republic of Estonia and does not otherwise violate the AUP.
11.17. If the Customer resells the Service provided to them to their customers, they remain responsible to WaveCom. The Customer ensures that their customers are aware of the provisions in the AUP and that their activities comply with the AUP.
11.18. WaveCom does not provide refunds for the suspension or termination of Services resulting from the Customer's violation of the AUP.
11.19. The Customer is responsible for the proper use of the Service within the limits of their own hardware and software infrastructure, even if it was accessed by unauthorized persons or hackers.
11.20. If the Customer has information about AUP violations by third parties, they should inform WaveCom by sending an email to email@example.com.
11.21. If the Customer notices a violation of their intellectual property rights, including copyright, trademark, or patent infringement, or the use of their copyrighted materials in WaveCom's infrastructure, they should contact the infringing party and request the immediate removal of the infringing content. If the infringing party refuses to remove the violation or does not respond within a reasonable time, the Customer should notify WaveCom at firstname.lastname@example.org. The email should include information on the Customer's attempts to contact the infringing party and the results, as well as information about the materials related to the infringement hosted on WaveCom's infrastructure (material name, domain, or IP address where it is located). Additionally, include official evidence that confirms the Customer's ownership of the specific intellectual property rights.
VMware Cloud Service
1.1. Service – A software platform owned by WaveCom, running on VMware, along with the associated hardware, which allows the client to use server services, including the option to use virtual servers and other cloud services according to the service description published on the website. The service is in compliance with standards ISO 9001:2015, ISO/IEC 27001:2013, ISO/IEC 27017:2015, and best practices in the industry, administered by a trained and certified team. While providing, managing, and maintaining the service, the WaveCom team plays various roles, each responsible for managing different components and having exclusive access. Each responsible person has an appointed backup.
2. Service Maintenance and Issue Resolution
2.1. To provide a stable and secure service, WaveCom regularly performs maintenance on the service. In the case of the high-availability VMware cloud service, this will not interfere with service functionality.
2.2. During maintenance, administrative environments may be briefly affected. WaveCom notifies the client about planned service maintenance and improvement activities that may potentially disrupt the service, at least five (5) calendar days in advance. Scheduled maintenance is always conducted during off-business hours. In urgent cases, WaveCom may carry out maintenance at other times and make configuration changes without prior notification to the client. Relevant information is also published on the WaveCom Status Page and clients are notified via email.
2.3. WaveCom will respond immediately to service outages and resolve them as quickly as possible, but no later than one (1) hour if the outage significantly disrupts network connectivity or the functioning of virtual machines or other services. Minor issues, such as deficiencies in user interface functionality, will be resolved as quickly as possible, usually within one (1) business day, unless repairs require software vendor patches or intervention. WaveCom is committed to documenting service-related incidents and publishing them on the WaveCom Status Page or providing them to the client by other means upon request.
2.4. The client is obligated to report issues through customer service channels, such as self-service support tickets, email to email@example.com, or by phone at 6850000. Enterprise and Partner service clients can also do this through Skype/Slack channels.
3. Data Security
3.1 WaveCom regularly backs up client materials, including continuous replication of the VMware cloud service to another data center, but does not guarantee data preservation or reasonable time for recovery. The client is obligated to regularly back up their files and store them outside the WaveCom network. Immediate recovery is guaranteed through paid add-on services like Cloud Availability Draas and Veeam Backup. The client is responsible for configuring, managing, periodically testing, and restoring and deleting data with Cloud Availability Draas and Veeam Backup.
3.2 Upon termination of the service by the client, automation will immediately remove virtual machines and all service components in the Cloud Director portal and data storage. Data from the client's backup solutions are not immediately removed automatically. This happens automatically but with a delay:
3.2.2 vSphere standard replication – within 7 days.
3.2.3 Cloud Availability Draas – The client has the option to delete the replication workflows in advance, which removes all data; otherwise, data is removed 7 days after the service expires.
3.2.4 Veeam immutable backup – The client has the option to delete the backup workflows in advance, which removes all data automatically, retention time + 7 days. Otherwise, data deletion occurs automatically, backup system retention time + 7 days.
4.1. WaveCom's responsibility is limited to maintaining the platform and related services.
4.2. The client's responsibility includes actions performed through self-service and regular maintenance and operation, including operating systems, applications, and their security.
4.3. To prevent data leaks or other security incidents, the client should enable secure two-factor authentication in the Cloud Director and deactivate the default user account. Two-factor authentication supports most SAML and OID-based service providers. This should also be done in the self-service portal.
5. Service Level
5.1. If WaveCom fails to meet the service level defined in section 2.3, the client will be credited an amount equivalent to one (1) month's affected service fee based on an appropriate claim.
5.2. For client-specific errors that are not global, the one (1) hour response time as defined in section 2.3 starts from the time the client reports the issue.
5.3. Credits can be used to pay for WaveCom services but cannot be exchanged for cash payouts. To receive credit, the client must submit a claim through the client portal or via email within 30 days.