Translation Notice
This document has been automatically translated from Polish to English using artificial intelligence for informational purposes only.
In the event of any discrepancies, inconsistencies, or conflicts between the English and Polish language versions of this document, the Polish language version shall prevail and constitute the sole legally binding version.
For official and legally binding information, users are advised to consult the original Polish language document.
Users who do not understand Polish are advised to seek independent legal advice before accepting these terms.
This document is part of a collection of documents:
- Terms of Service (TOS)
- Privacy Policy (PP)
- Service Level Agreement (SLA)
- Fair Usage Policy (FUP)
- Data Processing Agreement (DPA)
§ 1. Definitions
- VoxiHost DANIEL MARSZAŁKOWSKI
- ul. 3 Maja 29, 62-500 Konin, Poland
- Tax ID (NIP): 6653080651 | Business ID (REGON): 542936383
- E-mail: support [at] voxihost.pl
(hereinafter referred to as "VoxiHost" or the "Operator").
- An adult natural person or a natural person who has reached the age of 16 and has obtained the consent of a legal representative (parent/guardian).
- A legal entity (e.g., a limited liability company).
- An organizational unit without legal personality (e.g., an association).
- Credits acquired for a fee ("Paid Credits") are intended exclusively for the purchase of Services and are not subject to voluntary cash withdrawal or bank transfer. The statutory right of withdrawal of a Consumer is regulated by §4.3.1.
- Credits granted free of charge ("Bonus Credits") are non-refundable, not subject to withdrawal, non-transferable, and may expire within the period indicated at the time of their granting.
- The Credit balance is presented to the Client as a single value; the source of origin (Paid/Bonus) is recorded in the Operator's system for the purpose of settling statutory refunds.
- The agreement for the purchase of Credits (prepaid service funds), concluded at the moment of topping up Credits,
- The agreement for the provision of Digital Services (VPS, Hosting, etc.), concluded at the moment of activating the Service using Credit funds.
- sending spam,
- DDoS attacks,
- phishing,
- hosting illegal content,
- copyright infringement,
- attempts to hack into other systems.
- payments with a stolen credit card,
- unjustified Chargeback,
- impersonating another person,
- falsifying verification documents.
§ 2. Preliminary Provisions
- The Act of April 23, 1964, Civil Code,
- The Act of May 30, 2014, on Consumer Rights,
- The Act of July 18, 2002, on the provision of services by electronic means,
- Regulation (EU) 2016/679 (GDPR),
- Regulation (EU) 2022/2065 (DSA).
§ 3. User Account and Security
- The Client is obliged to keep the Account access data confidential and to use appropriate security measures (a strong password of at least 12 characters with uppercase and lowercase letters, numbers, and special characters, 2FA).
- Towards Clients who are not Consumers: The Operator is not liable for damages resulting from the disclosure of login data to third parties or their theft due to the Client's negligence (e.g., using a password like "123456", "password", saving the password in unencrypted form in a text file on the desktop, sharing the password with an employee without supervision).
- Towards Consumers: The Operator is liable in accordance with the general principles of the Civil Code. The exclusion of liability applies only to damages resulting from gross negligence or intentional acts of the Consumer. Gross negligence is considered to be, in particular:
- knowingly sharing the password with unauthorized persons,
- providing login data in response to a phishing message despite clear warnings,
- using the same password as for other services that have previously leaked (available in breach databases),
- intentionally disabling 2FA despite having previously enabled it, with awareness of the risk.
The Operator is not liable for damages resulting from hacker attacks exploiting vulnerabilities in the Client's device (e.g., keylogger, trojan), provided that the Operator has demonstrated due diligence in securing the infrastructure on its side.
- Nature of verification: Verification is risk-dependent. The Operator requires it in particular for:
- unlocking High-Risk Services (port 25/SMTP, IRC, UDP),
- access to Trial Services,
- suspicion of violation of the Terms of Service or criminal activities,
- the "Amnesty" procedure (unlocking a service after a violation),
- granting a welcome bonus, if automatic verification did not complete successfully.
- Verification entity: Verification is carried out by the external entity didit.me (https://didit.me). Regarding verification commissioned by the Operator, didit.me acts as a processor; for its own security purposes, abuse prevention, and the development of fraud models, it may act as a separate controller. The scope and principles of this processing are described in the didit.me Privacy Policy.
- Scope of processing by the Operator: The Operator receives from didit.me the verification result, status, date, and - for a period of up to 1 month - access to verification data to confirm the authenticity of the process. After this period, the Operator stores only the verification status and date; a pseudonymized cryptographic hash (HMAC-SHA-256 with a separately stored key) of the document data is stored only for persons blocked for serious violations, in order to detect attempts at re-registration. This hash is pseudonymized data, not anonymous data.
- Legal basis: Processing of the verification result: Art. 6(1)(b) of the GDPR (performance of a contract). Storage of status and hash: Art. 6(1)(f) of the GDPR (legitimate interest in preventing re-registration of persons blocked for serious violations), after conducting a balancing of interests assessment.
- Retention: verification data at didit.me is stored in accordance with the configuration indicated by the Operator and for no longer than 1 month. The hash (HMAC-SHA-256) is stored exclusively for persons blocked for serious violations, for a period of up to 6 years from the date of blocking; for other persons, verification data is deleted after 1 month. Longer storage is permissible only if it is necessary for defense against a claim or for ongoing proceedings.
- Right to refuse to provide data for KYC: The Client has the right to refuse KYC verification. In such a case, the Operator may refuse to provide High-Risk Services, Trial Services, the Amnesty procedure, and the granting of a welcome bonus. The statutory refund to which a Consumer is entitled does not require KYC and cannot be delayed or refused for this reason.
- the Client is on a list of persons/entities associated with cybercrime,
- registration data is false or stolen,
- the Client was previously blocked for serious violations,
- there is a reasonable suspicion of using the services for criminal activities.
Towards Consumers: The Operator will inform about the reasons for the refusal/blocking and will allow the submission of explanations within 14 days. The Operator will consider the explanations within 7 business days and will inform the Client of the final decision. In the event that the refusal is maintained, the Consumer has the right to a complaint (§7.2) and to out-of-court dispute resolution.
Towards Clients who are not Consumers and are legal entities: The Operator is not obliged to justify the decision. Natural persons conducting business activity are entitled to the safeguards of Art. 22(3) of the GDPR.
- criminal threats (Art. 190 of the Penal Code),
- insults (Art. 216 of the Penal Code),
- repeated (more than 3 times in one conversation) use of profanity of an invective nature towards employees despite a prior warning,
- harassment of employees (more than 5 reports of the same matter within 24 hours).
Profanity is understood as words generally considered offensive (vulgar epithets, swear words). The Operator applies common sense and takes into account the emotional context (stress related to a service failure).
In the event of a gross violation, the Operator reserves the right to temporarily suspend the handling of a given Client's tickets (up to 7 days). In the event of a repeated violation - to terminate the contract. Violations of culture cannot constitute grounds for termination of the Contract if the Client is exercising the right to a complaint; sanctions must be proportionate. Suspension does not include complaints, failure reports, or withdrawal.
- The Operator does not resolve property disputes between partners, employees, or third parties regarding access to the Account.
- The sole disposer of the Account is considered to be the person who has access to the authorized e-mail address and the 2FA method.
- In the event of a service suspension due to a violation of the Terms of Service, the Client may be granted a one-time opportunity to unblock resources, provided that the KYC procedure is completed.
- The procedure involves restoring the service to factory settings (reinstallation and loss of data).
- Regarding Consumers: The Operator provides a 14-day period to make a decision regarding KYC verification before permanent data deletion.
- Refusal of verification results in the maintenance of the suspension and termination of the agreement.
- The agreement for the provision of Services is concluded within a Workspace. The entity to which the Workspace is assigned is the Client in the scope of that Workspace.
- Each Workspace has separate data for documents, a separate Credits wallet, and separate Services.
- A personal Workspace is default, one per Account, and is not subject to deletion. Corporate and educational Workspaces may be created up to a limit of 5 additional Workspaces per Account.
- Workspace members: owner, admin, billing, member, viewer. There is one owner; they cannot leave the Workspace nor be removed. The owner and admin manage the Workspace and funds; billing has access to documents and payment data; member and viewer have access to Services and preview, respectively.
- The owner may invite persons to the Workspace. An invitation is valid for 7 days. A member other than the owner may leave the Workspace.
- Credits are assigned to a Workspace and are not subject to transfer by the Client to another Workspace or to another person. The Operator may perform a technical balance adjustment between Workspaces of the same Account solely for the purpose of correcting an error.
- Services are assigned to the Workspace in which they were purchased.
- Deletion of a corporate or educational Workspace requires the owner role and is possible only when the Workspace has no other members, Services, Credits balance, or open requests for an invoice or refund. A personal Workspace is not subject to deletion.
- The Workspace owner is the sole party to the Agreement in the scope of that Workspace. Other members are users authorized by the Owner and do not become a party to the Agreement nor a Client towards the Operator.
- The Owner is liable towards the Operator for the acts and omissions of Workspace members and persons to whom they have granted access, as if they were their own. The Operator executes the instructions of the Owner and members within the scope of their granted permissions and does not investigate whether they were duly authorized internally.
- Actions taken by a member in a Workspace bind the Workspace within the scope of their permissions. The Operator is not liable for disputes between the Owner and Workspace members, including those regarding access, permissions, or internal settlements.
- Possession of a corporate Workspace does not determine Consumer status; §1.3 applies.
§ 4. Payments and Service Points (Credits)
- Purchase of Services is possible exclusively using Credits assigned to the Workspace.
- Credits are topped up via Payment Operators (bank transfers, cards, BLIK, and cryptocurrency payments).
- In the case of cryptocurrency payments, Credits are credited to the Workspace after the transaction is confirmed on the blockchain network (usually 1-30 minutes). Cryptocurrency payments are irreversible after the transaction is confirmed.
- A detailed legal definition of Credits is contained in §1.5 above.
General rule:
- Paid Credits (acquired for a fee) are refundable only to the extent of the statutory right of withdrawal described in §4.3.1. Bonus Credits (granted free of charge) are not refundable or payable.
- Order of use: The Operator uses Bonus Credits first, followed by Paid Credits, unless the Client indicates otherwise. Upon the Client's request, the Operator provides a breakdown of the balance into Paid and Bonus Credits in the Panel.
- The refund of Paid Credits acquired for money via a top-up (withdrawal from the agreement to purchase Credits) is made to the original payment method, unless the Consumer expressly agrees to another method. The Operator does not charge a fee for a refund to which the Consumer is entitled under the provisions of law.
- The refund is made no later than 14 days from the receipt of the statement of withdrawal from the agreement.
4.3.1. Credits Top-up (acquisition of Paid Credits):
- The Consumer has the right to withdraw from the agreement to purchase Credits within 14 days from the date of its conclusion, without providing a reason.
- If the Consumer has not used the Paid Credits, they are refundable in full.
- If the Consumer has used a portion of the Paid Credits, the unused portion is refundable; the Operator deducts only the value of Services actually performed at the Consumer's request, proportionally to the scope of performance (Art. 35 sec. 2 of the Consumer Rights Act). There is no double deduction for the same resources.
- A condition for the top-up is the Consumer's express consent to the immediate commencement of performance before the expiry of the withdrawal period and the acknowledgment of information regarding the right of withdrawal. Lack of consent means it is impossible to top up immediately; this does not deprive the Consumer of the right of withdrawal in cases provided for by law.
Purchase of a Digital Service (VPS, Hosting, etc.):
- The primary method of payment for the Service is Credits; Paid Credits are intended exclusively for Services and are not subject to voluntary payout.
- A Digital Service is a service, not digital content within the meaning of Art. 2 point 5 of the Consumer Rights Act; Art. 38 point 13 of this Act does not apply to it.
- If the Consumer requests the commencement of the Service before the expiry of 14 days, in the event of withdrawal, they shall pay for the performance proportionally to the scope of its execution; the remaining part is refundable in Credits (the same payment method).
- The right of withdrawal does not apply to a Service fully performed with the express and prior consent of the Consumer, who has been informed about the loss of the right (Art. 38 point 1 of the Consumer Rights Act).
- If the Service was paid for with Credits, the refund is made in Credits (the same payment method), maintaining the source (Paid/Bonus) used for payment. Bonus Credits are not subject to payout.
Hourly Service:
- The Hourly Service is billed for every started hour. A fully performed hour is not refundable.
- Unused, paid hours are refundable in Credits, maintaining the source, except for hours for which the Service was fully performed.
- Deletion of an Hourly Service before the expiry of a paid hour does not entitle the user to a refund for that hour; the remaining paid, unused hours are refundable.
Lack of consent:
Without providing the consents required for a given mode, topping up or activating the Service is not possible. This does not limit the Consumer's rights resulting from the provisions of law.
4.3a. No voluntary payout:
- After the expiry of the statutory period referred to in §4.3.1, Paid Credits remain to be used exclusively for Services and are not subject to voluntary payout in cash or by bank transfer.
- This provision does not limit the Consumer's statutory right of withdrawal.
- Deletion of a Workspace or closing an Account does not create a right to a payout. Unused Paid Credits are not refundable in cash or by bank transfer; the Client may use them before deleting the Workspace or closing the Account. Deletion of a Workspace requires a zero balance (§3.12).
4.3b. Welcome Bonus:
- The Operator grants a one-time welcome bonus in the amount indicated in the Client Panel or Price List, after successful automatic verification or KYC, if the bonus is offered.
- The bonus is granted to one Client once, is non-refundable, non-transferable, and not subject to payout. The bonus is valid for 30 days from the acceptance of the bonus offer by the Client; the deadline is indicated in the Client Panel before accepting the bonus. The bonus may be withdrawn only in the case of documented abuse (including multi-accounting) after an explanatory procedure; the Client is informed about the withdrawal and may present their position within 14 days.
4.3c. Promotional Codes:
- A promotional code applied to the first payment for a Service constitutes a discount, not Credits. It does not create Bonus Credits.
- In the event of a refund for a Service paid for with a discount, the basis for the refund is the amount actually paid, not the catalog price.
4.3d. Refund Policy for Individual Services:
- Each Service has a refund policy assigned in the Price List or product description from among the following: PRO_RATA, FULL_PERFORMANCE, CONSUMABLE_PACKAGE, NON_REFUNDABLE_B2B, NON_REFUNDABLE_THIRD_PARTY.
- PRO_RATA: refund of the unused part of the period proportionally to the price paid.
- FULL_PERFORMANCE: no refund only after full performance of the Service with the express and prior consent of the Consumer, after having been informed about the loss of the right of withdrawal; before full performance - proportional refund.
- CONSUMABLE_PACKAGE: refund only for unused units of the package; used units are not refundable.
- NON_REFUNDABLE_B2B: prepaid packages for B2B Clients; no payout, subject to mandatory legal provisions.
- NON_REFUNDABLE_THIRD_PARTY: fees to third parties (e.g., domains, licenses) that the Operator cannot recover. For Consumers, it applies only after full performance with express consent and after instruction on the loss of the right; otherwise, a proportional refund.
- Assignment of a policy to a Service occurs in the Price List and is part of the Service terms. Changing the refund policy or adding a Service with a new policy requires changing the Terms of Service in the mode of §9.1; the Price List may specify the policy but cannot unilaterally change it.
- The refund policy cannot limit the Consumer's statutory rights.
4.3e. Daily Billing: In the case of Services billed monthly or annually, the refund for the unused period is calculated proportionally to the number of full days remaining until the end of the paid period; the day on which the Client submitted the refund request is treated as used.
Standard Model (monthly/annual):
- By default, service renewals are performed manually by the Client.
- The Client may enable the Auto-Renew function in the Client Panel at any time. Once enabled, the fee for the next Billing Period is automatically deducted from the Client's Credits balance on the expiry date of the current period. Disabling Auto-Renew is possible at any time - it does not affect the current, paid period, which remains active until the end.
- Lack of a sufficient Credits balance with Auto-Renew enabled or lack of manual payment with Auto-Renew disabled results in the suspension of the service. After 7 days, the service is permanently deleted along with the data saved within that Service (files, databases, configuration) in an irretrievable manner, in accordance with GDPR security procedures. The account in the Client Panel remains active. The Operator sends warnings before the deletion of the Service and enables data export during the grace period. This provision does not override §11 DPA regarding entrusted data.
Hourly Model:
- The fee for each subsequent hour is deducted automatically from the Client's Credits balance at the moment a new hourly period begins.
- The Client may enable or disable the automatic renewal (Auto-Renew) function at any time in the Client Panel. Disabling Auto-Renew does not affect the current, paid-for hour - the Service remains operational until its conclusion.
- The Client may remove the Hourly Service at any time via the Client Panel. Removal is equivalent to resignation from further use and does not entitle the Client to a refund for the current, commenced hour.
- In the event of insufficient Credits balance to pay for the next hour, or the lack of an active Auto-Renew, the Hourly Service ceases to function (expires). After 7 days from the moment of expiration, the Service is permanently and irrevocably removed along with all data (files, databases, configuration), in accordance with GDPR security procedures. The account in the Client Panel remains active. The Operator sends warnings before the removal of the Service.
- The Client acknowledges that in the event of failure to provide a sufficient Credits balance or failure to activate Auto-Renew, the Service may be permanently removed after the aforementioned grace period, and the Operator shall not be held liable for any resulting data loss.
- For payments in a corporate profile (B2B) with a registered office in Poland, the Operator issues an invoice with a note regarding VAT exemption, based on the company details provided in the Client Panel. For B2B entities with a registered office outside of Poland, Art. 28b of the VAT Act applies; the invoice does not contain the Polish note regarding the exemption, but rather "reverse charge" or an indication that the service is not subject to taxation in Poland, as appropriate.
- The Operator does not issue receipts. The invoice documents the acquisition of Credits (voucher); subsequent use of Credits for a Service does not constitute a separate sale. For B2C, the Operator issues an invoice exclusively upon the Client's request submitted within 3 months from the end of the month of delivery or payment; the invoice contains a note regarding the exemption (Art. 106e(1)(19)(a) of the VAT Act).
- Invoices are numbered within the calendar year and are available in the Client Panel and sent via e-mail. B2B invoices will be issued in the KSeF (National e-Invoice System) from April 1, 2026 (or from January 1, 2027, if the Operator is subject to the 10,000 PLN monthly limit); B2C invoices are outside the mandatory KSeF. The invoice is issued in the KSeF, and the PDF file is its visualization.
- The rules for issuing accounting documents are governed by tax law regulations; details are confirmed by the Operator's accounting department.
- Cryptocurrency payments, once the transaction is confirmed on the blockchain network, are irreversible and are not subject to the chargeback/payment reversal procedure. Potential disputes are handled individually by the Operator.
- The initiation by the Client of a payment reversal procedure (Chargeback/Dispute) with the Payment Operator results in the securing of only the amount subject to the dispute (e.g., suspension of the given Service or blocking of the corresponding part of the balance) until the matter is clarified. The Operator does not suspend the entire Account unless required by infrastructure security.
- If the Chargeback proves to be unjustified (the Client received Credits in accordance with the order, yet reversed the payment), the Operator has the right to seek compensation (including dispute handling costs) through civil legal proceedings and - in the case of a gross violation - to terminate the agreement, while respecting Consumer rights.
- In the case of a legally confirmed unjustified chargeback with a value below 1000 PLN, after reviewing the Client's explanations, the Operator may report the incident to anti-fraud systems and refuse to provide services in the future to this Client or accounts associated with their verification data. Regarding a Consumer, the Operator limits itself to securing the disputed amount and does not charge the Consumer for dispute handling costs beyond documented, actual costs. Regarding Consumers, the Operator does not refuse future services solely due to a chargeback.
- Detection of payment with a stolen credit card results in an immediate report of the matter to law enforcement authorities.
- The Operator makes every effort to ensure that prices and descriptions of Services are correct, however, it reserves the right to correct obvious clerical or system errors (e.g., a price of 0 PLN for a paid service).
- In the event of an order placed based on an incorrect price, the Operator has the right to cancel the transaction and refund the paid amount to the original payment method; a refund in Credits is provided only with the express consent of the Consumer.
§ 5. Rights and Obligations of the Parties
- The Operator undertakes to provide the Services with due professional diligence.
- The Operator ensures the availability of infrastructure (hardware, network, power supply) at the level specified in the SLA.
- The Operator has the right to conduct maintenance work (Maintenance), which may cause temporary unavailability of the Services. Detailed rules regarding maintenance work (including advance notification) are specified in the SLA document §4.1.
- The Client undertakes to use the Services in a manner consistent with the law, the Terms of Service, and good practices.
- The Client is responsible for the ongoing update of their contact details in the Panel.
- The Client is prohibited from taking actions that may disrupt the operation of the Operator's infrastructure (e.g., reverse engineering, penetration testing without consent).
- The Client bears full responsibility for all content, files, and applications placed within the provided resources (Services).
- force majeure, including: natural disasters (flood, fire, earthquake), acts of war, riots, strikes, terrorist attacks, epidemics/pandemics (including administrative restrictions related to COVID-19 or similar public health threats), power grid failures on a national or regional scale,
- failures on the part of internet connection providers (outside the Operator's network),
- incorrect software configuration by the Client (e.g., locking oneself out of SSH access),
- DDoS attacks directed at the Client's IP address,
- loss of data for reasons lying on the Client's side (lack of backups, incorrect configuration, intentional deletion) or for reasons independent of the Operator (force majeure).
Towards Consumers: The Operator is liable for data loss under the general principles of the Civil Code (Art. 471 of the Civil Code), including ordinary negligence. The exclusions in §5.3 do not cover hardware failures or the Operator's actions. The Client is obliged to have their own backup copy of data.
Towards Clients who are not Consumers: The Operator's liability for lost benefits (lucrum cessans - lost profits) and for data loss is excluded (the Client bears sole responsibility for backups).
- Towards Clients who are not Consumers: The Client undertakes to cover reasonable costs (including legal assistance costs and compensation) that the Operator would incur in connection with third-party claims resulting from the Client's unlawful use of the Services (e.g., copyright infringement, attacking other networks, hosting phishing), provided that the Operator demonstrates a causal link and the amount of damage.
- Towards Consumers: The above provision does not apply. The Consumer's liability is regulated by the general principles of the Civil Code.
- The Client bears sole responsibility for the legality of the software installed and used within the Operator's infrastructure (e.g., Windows Server licenses, cPanel, DirectAdmin, third-party software).
- The Operator, as an infrastructure provider, does not verify the licenses held by the Client; however, in the event of receiving a credible report of infringement (e.g., from Microsoft, Adobe), it has the right to suspend the service until the licensing status is clarified.
- IP addresses assigned to the Service remain the property of the Operator (or its suppliers). The Client only receives the right to use them temporarily.
- The Operator reserves the right to change the assigned IP address in justified technical cases (e.g., server room change, network reorganization), informing the Client in advance. An IP change does not constitute grounds for a complaint unless it causes unavailability or loss of Service functionality; in such a case, §7 applies.
- Unless a dedicated administrative service has been purchased, the Operator's services are Unmanaged (Managed by the Client).
- The Operator's Technical Support covers only the operation of the infrastructure (network availability, power supply, panel operation, hardware restart).
- The Operator does not provide support regarding the Client's operating system configuration, application installation, repair of errors in the Client's scripts, or training on how to use Linux/Windows systems.
- Detailed rules for the availability of Technical Support (including Working Hours and Response Time) are specified in the SLA document.
- Automatic Support (Assistant): The Operator provides automatic systems that, based on the content of the ticket, suggest proven solutions from the Knowledge Base. The Client acknowledges that the automatic selection of instructions may not take into account the specifics of an unusual problem and should be treated as auxiliary.
- In the event of purchasing an additional backup service (Backup/Snapshot), the Operator will make efforts to ensure that copies are performed according to the schedule.
- This service is auxiliary in nature and does not relieve the Client of the obligation to have an independent copy of data outside the Operator's infrastructure. If the Backup/Snapshot Service is paid, the Operator is liable for its proper execution under general principles; this does not exclude liability for intentional damage and gross negligence.
§ 6. DSA (Digital Services Act) and Abuse Procedures
- For authorities of Member States, the European Commission, and the Digital Services Board, the designated point of contact is: daniel [at] voxihost.pl.
- For recipients of the Services, the designated point of contact is: support [at] voxihost.pl.
- Communication is conducted in Polish or English.
- Any person may report the presence of illegal content on the Operator's infrastructure to the address: abuse [at] voxihost.pl.
- The report must contain:
- a justification,
- the location of the content (URL/IP),
- the name and email address of the reporter (unless it concerns child sexual abuse),
- a statement of good faith.
- The Operator shall confirm receipt of the report without undue delay and inform the reporter of its decision and the possibilities of appeal. The Operator handles reports in a timely, diligent, impartial, objective, and proportionate manner; if automated means are used, the Operator shall inform the reporter thereof.
- In the event of removal or restriction of access to content (including demotion), suspension or termination of payments, provision of the Service, or the Account, the Operator shall provide the Client with a statement of reasons immediately, no later than the date the measure is imposed, in a durable medium (e-mail/Panel), containing: (a) an indication of whether the content was removed, access restricted, demotion applied, or payment, Service, or Account suspended, as well as the territorial scope and duration; (b) facts and circumstances, including whether the decision was a result of a report under Art. 16 or the Operator's own initiative, and the identity of the reporter, if known; (c) information on whether the content was detected automatically; (d) legal basis and explanation; (e) contractual basis and explanation; (f) information on internal complaint handling, out-of-court dispute settlement (Art. 21 DSA), and judicial remedies.
- Exception: does not apply to deceptive high-volume commercial content.
- The Client has the right to appeal the decision within 14 days by contacting Support; this is a contractual appeal, independent of legal remedies.
- The Operator applies the following content restrictions: FUP §2-6 (network security, illegal content, mail, resources) and TOS §5.2. The policies, procedures, measures, and moderation tools used include: abuse monitoring, DDoS filtering, port blocking, throttling, suspension of Services and Accounts, and analysis of reports. Automated decisions (e.g., throttling, port 25 blocking) are subject to human oversight upon request; internal appeal handling rules: TOS §6.4. Information is public and available in a machine-readable format on the /legal/ page.
- The Operator executes orders under Art. 9 and 10 of the DSA and informs the issuing authority without undue delay of the manner and time of execution, including whether and when the order was executed.
- The Operator, as a micro or small enterprise within the meaning of Recommendation 2003/361/EC, not being a VLOP, benefits from the exemption from the reporting obligation under Art. 15(2) of the DSA.
§ 7. Withdrawal from the Agreement and Complaints (Consumers)
- A Consumer has the right to withdraw from a distance contract within 14 days from the date of its conclusion, without providing any reason.
- A withdrawal statement may be submitted by e-mail to support [at] voxihost.pl, via a ticket in the Support system, or in writing to the Operator's address. A template form is provided in Appendix No. 1; its use is not mandatory.
- In the case of a Service started at the express request of the Consumer before the expiry of 14 days, the Consumer shall, in the event of withdrawal, pay for the service proportionally to the extent of its performance; the remaining part is subject to a refund.
- The right of withdrawal does not apply to a Service fully performed with the express and prior consent of the Consumer, who has been informed about the loss of the right (Art. 38 point 1 of the Consumer Rights Act), and to digital content delivered with express consent (Art. 38 point 13), if these conditions are met.
- Digital Services (including VPS, Hosting, Game Servers, database services, containers, and API access) are digital services, not digital content; Art. 38 point 13 does not apply to them.
- Refund of Paid Credits is made in accordance with §4.3 and §4.3.1. Bonus Credits are non-refundable.
- The refund is made within 14 days of receipt of the statement, using the same payment method, unless the Consumer expressly agrees to a different method.
- Form: Complaints may be submitted via the contact form in the Client Panel or to the e-mail address: support [at] voxihost.pl.
- Content: The complaint should contain: a description of the problem, the service number (if applicable), the expected method of resolution, and contact details.
- Processing time (Consumers): The Operator will respond to the Consumer's complaint within 14 days from the date of its receipt, on a durable medium (e-mail or letter). Failure to respond within this period means the complaint is accepted in accordance with Art. 7a of the Consumer Rights Act.
- Processing time (Non-Consumer Clients): The Operator will respond within 30 days of receiving the complaint, unless the Parties agree otherwise.
- Effect of acceptance: An accepted complaint is implemented in accordance with the Consumer's request; if the request is impossible, the Operator shall agree on another solution with the Consumer.
- Non-conformity of the Service with the contract: The Consumer is entitled to statutory rights regarding the non-conformity of the Digital Service with the contract (bringing into conformity, price reduction, withdrawal, and refund) in accordance with the Consumer Rights Act; SLA provisions are supplementary and do not exclude these rights.
- Rejection: In the event of rejection of a complaint, the Operator shall provide a justification.
- Out-of-court dispute resolution: The Consumer has the possibility to use out-of-court complaint handling and redress mechanisms, in particular:
- Mediation at the Provincial Inspectorate of Trade Inspection,
- Municipal/District Consumer Ombudsman.
- Detailed information is available on the UOKiK website (https://uokik.gov.pl).
§ 8. Intellectual Property and Sanctions
- All copyrights to the VoxiHost.pl service, the logo, the panel code, and the content of the terms and conditions belong to the Operator. Copying them without consent is prohibited.
- Data placed by the Client within the purchased Services (VPS, Hosting, Backup, etc.) remains the exclusive property of the Client (the Operator does not claim any rights to them).
- The Client declares that they are not a person or entity subject to economic sanctions imposed by the European Union, the United States, or the United Nations, and that they are not on the OFAC SDN (Office of Foreign Assets Control - Specially Designated Nationals, USA) sanctions list, the EU Consolidated List, or the UN Sanctions List.
- The Operator has the right to refuse to provide services or terminate the agreement with immediate effect for entities with their registered office or place of residence in countries subject to a technological embargo, including but not limited to: the Russian Federation, the Republic of Belarus, the Democratic People's Republic of Korea (North Korea), the Islamic Republic of Iran, the Syrian Arab Republic, the Republic of Cuba, and other countries subject to international sanctions in the scope of IT/technology services.
- The Operator reserves the right to request identity verification (KYC) and verification of the country of residence/registered office before activating Services if there is a reasonable suspicion of a breach of this clause. Refusal to provide verification documents results in a refusal to provide Services.
- Appeals Procedure: In the event of a suspected breach of the sanctions clause, the Client will be informed via email with the possibility to provide explanations within 14 days. The Operator will review the explanations with objectivity and in good faith. In the event of an unintentional breach (e.g., IP geolocation error, temporary stay in a sanctioned country, system error), the Operator shall refund unused Paid Credits to the original payment method only to the extent required by mandatory provisions of law and via the support channel, and Bonus Credits shall be forfeited, provided that the circumstances are explained and the actual place of residence/registered office is confirmed to be in a country not subject to sanctions. A confirmed, intentional breach of sanctions may result in the termination of the agreement, while respecting Consumer rights; Paid Credits are subject to settlement only in accordance with mandatory provisions of law, unless sanctions regulations state otherwise.
- The Operator undertakes to comply with applicable sanctions regulations and to conduct regular compliance reviews against current sanctions lists published by the competent authorities.
§ 9. Final Provisions
- If the Client does not accept the changes, they may terminate the agreement with immediate effect, without incurring additional costs, until the date the changes enter into force.
- Changes significant to the rights and obligations of the Consumer require explicit acceptance if required by law; lack of response does not constitute acceptance of such changes.
- Changes may not violate acquired rights or the rights of the Consumer resulting from legal provisions.
- By the Client: The Client may terminate the Agreement regarding a given Workspace by deleting it, if the Workspace is not personal and meets the conditions of §3.12, or terminate the Agreement regarding the entire Account by closing the Account or by written statement. Termination is effective immediately, unless the Parties agree otherwise. In the event of termination by a Consumer, the Operator shall refund a proportional part of the fee for the unused period of the Service.
- Unused Paid Credits: upon termination of the Agreement regarding a Workspace or Account, they are not subject to cash payout or bank transfer; the Client may use them before deleting the Workspace or closing the Account. Deletion of a Workspace requires a zero balance (§3.12). This provision does not limit the mandatory rights of the Consumer.
- Bonus Credits: expire upon deletion of the Workspace or closure of the Account and are not subject to payout.
- By the Operator (with notice): The Operator may terminate the Agreement regarding a Workspace or Account with 30 days notice, stating the reason. During the notice period, the Client may use Credits; after its expiry, unused Paid Credits are not subject to payout, subject to mandatory legal provisions.
- By the Operator (immediately): In the event of a gross violation of the Terms of Service or Related Documents (Abuse, Fraud, attacks on infrastructure), the Operator may terminate the Agreement regarding a Workspace or Account with immediate effect. Bonus Credits are forfeited; Paid Credits may be settled only in accordance with mandatory legal provisions, without automatic payout; damages are pursued separately.
- Deletion of Workspace or closure of Account at the Client's request: The Operator informs the Client about the balance of Paid Credits. Unused Paid Credits are not subject to payout; the Client may use them before deleting the Workspace or closing the Account. This provision does not limit the mandatory rights of the Consumer. The Operator stores data necessary for balance settlement for 12 months.
- These Terms of Service (TOS)
- Service Level Agreement (SLA)
- Fair Use Policy (FUP)
- Privacy Policy (PP)
- Data Processing Agreement (DPA) - in B2B relations
Regarding the protection of personal data, the PP, DPA, and GDPR take precedence; the provisions of the TOS do not limit the rights resulting from the GDPR.
- Services are available to clients from all over the world, subject to the sanctions and legal restrictions described in §8.2. A client with a registered office or place of residence outside the territory of the Republic of Poland is solely responsible for complying with the laws applicable in their country, in particular regarding the settlement of taxes, customs duties, or other public-law charges resulting from the use of the Services.
- The price includes all fees due to the Operator. The Operator is a taxpayer exempt from VAT pursuant to Art. 113(1) of the VAT Act (subjective exemption). The Operator sells Credits as a single-purpose voucher within the meaning of the VAT Act. The acquisition of Credits is treated as the provision of the Service for which the Credits may be exchanged; the subsequent use of Credits for a Service does not constitute a separate transaction subject to VAT. The place of supply and taxation rules are determined at the time of acquiring Credits based on the Workspace to which the Credits are assigned and the Services available in that Workspace. Service prices for Consumers are final prices; to the extent covered by the exemption, they do not include VAT. Sales where the place of taxation is outside Poland are settled in accordance with the regulations applicable to that place and taking into account the Operator's EU VAT registration. For B2B entities from the EU, Art. 28b of the VAT Act (reverse charge or no taxation in Poland) applies. The Client is solely responsible for taxes resulting from their own situation. The Operator is not liable for tax, customs, or legal consequences resulting from the regulations in force in the Client's country. The Client acknowledges that the Operator does not provide tax or legal advice regarding obligations arising from laws in force outside the territory of Poland.
- The Client declares that they have read the regulations in force in their country and accepts that the provision of Services by the Operator is carried out in accordance with Polish law (pursuant to §9.5). This provision does not limit the mandatory rights of the Consumer arising from the law of their place of residence (in particular Art. 6 of the Rome I Regulation).
Annex No. 1: Instruction on the right of withdrawal and model form
INFORMATION FOR CONSUMERS:
You have the right to withdraw from a distance contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the date of the conclusion of the contract. To exercise the right of withdrawal, you must inform the Operator of your decision by means of an unequivocal statement (e.g., e-mail, letter, request in the Support system). You may use the model form below, but it is not mandatory. To meet the deadline, it is sufficient to send the statement before the deadline expires.
Effects of withdrawal: In the event of withdrawal, the contract is considered not concluded. The Operator shall refund all payments received immediately, no later than 14 days from the date of receipt of the statement, using the same method of payment, unless the Consumer expressly agrees to a different method. If the Consumer requested the commencement of the service before the expiry of the withdrawal period, they shall pay for the service in proportion to the extent of its performance.
Exclusions: The right of withdrawal does not apply to a Service fully performed with the express and prior consent of the Consumer, who has been informed about the loss of the right (Art. 38 point 1 of the Consumer Rights Act), and to digital content delivered with express consent (Art. 38 point 13), if these conditions are met. Digital Services (including VPS, Hosting, Game Servers, database services, containers, and API access) are digital services, not digital content; Art. 38 point 13 does not apply to them. Bonus Credits are non-refundable.
Model withdrawal form:
Addressee: VoxiHost DANIEL MARSZAŁKOWSKI, ul. 3 Maja 29, 62-500 Konin, e-mail: support [at] voxihost.pl.
I hereby inform about my withdrawal from the contract for the provision of the following service:
Service name / order number: ……………………………
Date of conclusion of the contract: ……………………………
Consumer's name and surname: ……………………………
Consumer's address: ……………………………
E-mail address associated with the account: ……………………………
Date: ……………………………
Consumer's signature (only if the form is sent in paper version): ……………………………
Annex No. 2: Pre-contractual information (Consumers)
Before placing an order, the Operator provides the Consumer with:
- main features of the Service (description, parameters, period);
- final price in accordance with the Price List and payment method;
- functionality, compatibility, and interoperability of the Digital Service;
- duration of the Agreement and termination conditions;
- information on warranty and the right to lodge a complaint;
- information on the right of withdrawal (Annex No. 1) and its exclusions;
- technical requirements (TOS 2.7);
- Operator's data (TOS 1.1);
- method and time of payment and the moment of commencement of service;
- complaint procedure (TOS 7.2);
- liability for the conformity of the Service with the contract (TOS 7.2);
- right to out-of-court dispute resolution (UOKiK);
- information on the language of the Agreement (TOS 9.13).
Annex No. 2 is a summary; the full Terms of Service are made available before the conclusion of the Agreement.