General regulations of the services offered

§1 Definitions

1. In these terms and conditions of electronic services provided by Smartx Technologies Ltd, hereinafter referred to as the “Terms and Conditions,” the following terms shall be understood as:
   1. Smartx Technologies - Smartx Technologies Ltd, headquartered in Cardiff, United Kingdom, at 7 Ty Nant Court, CF15 8LW, registered in the Companies House under number 12964587.
   2. Client Panel – a tool for entering into specific Agreements with Smartx Technologies, managing Services, and contacting Smartx Technologies, available after logging in by the Client at https://smartxhosting.uk/
   3. Subscriber Account – an account created by the Client on the Smartx Technologies portal, with the main page located at https://smartxhosting.uk/
   4. Hosting Account – separate resources of Smartx Technologies' IT system, with parameters consistent with the hosting service variant chosen by the Client, made available to the Client based on the hosting service agreement.
   5. Service / Services – the service(s) offered by Smartx Technologies under the Terms and Conditions, available at https://smartxhosting.uk/
   6. Client – a natural person, legal entity, or organizational unit without legal personality that has entered into a service agreement with Smartx Technologies.
   7. Hosting – a service involving the provision of Smartx Technologies' IT system resources for storing Client data, particularly websites and email accounts.
   8. Registry – the entity managing the Domain, responsible for the registration and maintenance of Domain Names and other domain-related activities as defined by the Registry's regulations.
   9. Order – a statement of intent submitted by the Client indicating a definitive intention to enter into an Agreement, submitted in the form prescribed for the specific Service.
   10. Registrar – an entity with the status of an official domain registrar, accredited by the appropriate Registry, which may act on behalf of Smartx Technologies as an intermediary between the Client and the appropriate Registry.
   11. Certification Authority – an entity authorized to issue SSL Certificates for a given domain, with which Smartx Technologies has an agreement allowing for the acquisition of SSL Certificates through Smartx Technologies.
   12. Domain – a string of characters in the DNS system used on the Internet to identify a specific website.
   13. Transfer Limit – the maximum monthly IP layer traffic limit to and from the Client’s server, as specified in the technical specification of one of the Services; the term includes: data downloaded from the web server, HTTP protocol request and response headers, and transfer generated by FTP, SMTP, POP3, IMAP protocols and others activated as part of the Services or any of them on behalf of the Client.
   14. Payment Card – a credit card or debit card, or other similar tools through which the Client can make online payments.
   15.  Promotional Code – a code (string of letters, characters, numbers) received from Smartx Technologies in any form, enabling the Client to receive a discount on a selected Service. The code must be entered when placing an order before finalizing/confirming it.
   16. Materials – any content, data, files stored and transmitted in connection with the use of the Services, references to content, data, files posted by the Client in connection with the use of the Services, resources (emails) received and sent as part of using the email account.
   17. Subscription Period – the period specified in the service specification during which the Client uses the service for a fee, starting from the day the service is commenced.
   18. Billing Period – the period for which a service fee is charged, equal to the subscription period in the case of one-time payments.
   19. Trial Period – the period specified in the service specification during which the Client tests the service free of charge.
   20. Recurring Payments – a method by which the Client pays for services involving the automatic debit of the amount due for the service from the Client’s payment card.
   21. Party or Parties – Smartx Technologies and/or the Client, depending on the context, acting individually or jointly.
   22. Service Acquisition – Registration of a Service, Renewal of a Service, Reactivation of a Service, Re-activation of a Service, Domain Name Registration, or Domain Name Renewal.
   23. Service Modification – a change in the parameters of the Service or the Client's Materials made by Smartx Technologies; Smartx Technologies is authorized to make a Service Modification only when it directly results from these Terms and Conditions or mandatory legal provisions.
   24. Service Renewal – the acquisition of the same Service by Smartx Technologies immediately following the expiry of the current Subscription Period for another Subscription Period. Unless otherwise specified, the agreement for the Service subject to Renewal is governed by the Terms and Conditions in force at the time of Renewal. The same applies to other regulations applicable to the Service subject to Renewal.
   25. Agreement Duration – the period from the date of entering into the Agreement to the end of the Subscription Period.
   26. Registration – the completion of all necessary actions by the Client to use the Client Panel and enter into the Agreement.
   27. Domain Name Registration – obtaining the right to exclusive use of the Domain Name for the first Period of the Right to Use the Domain Name.
   28. Service Registration – the first purchase of a given Service for the first Subscription Period, including Domain Name Registration.
   29. Service Specification – a description of the properties and functionalities of a given Service, e.g., Subscription Period, Billing Period, Trial Period, start time of the Service provision, technical parameters, technical and hardware conditions. Unless otherwise required by mandatory legal provisions, the Service Specification is provided to Clients (i) as an attachment to the terms and conditions of the given Service, or (ii) as information posted on the website https://smartxhosting.uk on the subpage concerning the given Service. In the latter case, Smartx Technologies, where possible, includes a link to the website containing the Specification in the terms and conditions of the given Service; Smartx Technologies reserves that no Specification may be created for some Services.
   30. Force Majeure – an event independent of the Party, external, unforeseeable, and impossible to prevent even with the highest diligence.

§2 General Provisions

1. The Terms and Conditions define the rules for providing electronic services by Smartx Technologies to Clients.
2. The Client undertakes to comply with the provisions of the Terms and Conditions and the rules for using the Services as specified in the Terms and Conditions and in the regulations concerning individual Services, as well as in the Specifications and Promotional Announcements.
3. Violation of the above obligations may result in the consequences described further in the Terms and Conditions or in the regulations concerning individual Services and promotional announcements, such as the Client's liability for damages or termination of the Agreement due to the Client's fault.
4. The offer of Smartx Technologies Services can be viewed on the website https://smartxhosting.uk using a device with Internet access, without the need for Registration.

§3 Registration, Subscriber Account, and Client Panel

1. To register and create a Subscriber Account, visit https://smartxhosting.uk/ and select the "Login" option, then "Create a new account," or directly visit https://smartxhosting.uk/register.php and complete the registration form.
2. Registration requires providing: personal data, email address, phone number, billing address, selecting a payment currency, and entering a password or using the password generator. You may also choose to subscribe to the mailing list.
3. The provided email address and password will serve as credentials for logging into the Subscriber Account.
4. The Service is available exclusively to individuals who are 18 years of age or older. By registering, the Client confirms that they meet this requirement. Smartx Technologies reserves the right to verify the Client's age at any point during the use of the Service.
5. Smartx Technologies reserves the right to conduct age verification in a manner it deems appropriate, including requesting documentation or other evidence that reasonably confirms the Client’s age. The Client agrees to cooperate with Smartx Technologies in this verification process.
6. In the event that the Client fails to complete age verification satisfactorily, Smartx Technologies may terminate the Agreement with immediate effect and deactivate the Subscriber Account. In such cases, the Client will lose access to the Account, and if the Client is subscribed to a paid Service, they will not be entitled to a refund for the unused portion of the subscription term.
7. It is prohibited to enter illegal content, false personal data, or the data of another person in the registration form unless legally authorized, such as by power of attorney. The use of temporary or disposable email addresses is also prohibited.
8. Clicking the "Register" button constitutes acceptance of Smartx Technologies’ offer to enter into an Agreement for the creation of a Subscriber Account. The Agreement is concluded between Smartx Technologies and the individual who completed the registration form.
9. Upon conclusion of the Agreement, Smartx Technologies will send the Client confirmation of the creation of the Subscriber Account to the provided email address.
10. Smartx Technologies reserves the right to refuse to create a Subscriber Account or to terminate the Agreement with immediate effect and deactivate the Subscriber Account if:
    1. the data provided during registration is false or raises reasonable concerns about its accuracy;
    2. the data is not corrected or supplemented within the period specified by Smartx Technologies after a request for such action;
    3. the corrected or supplemented data remains inaccurate;
    4. Smartx Technologies has previously terminated an Agreement with the Client for reasons attributable to the Client;
    5. the Client has an existing Subscriber Account with outstanding obligations to Smartx Technologies, and there is suspicion that a new Account is intended to avoid these obligations;
    6. other legally permissible reasons exist.
11. The Agreement for the creation of a Subscriber Account provides the Client with access to the functionalities of the Subscriber Account, the Client Panel, and the ability to order and modify Services as needed.
12. The Client is responsible for securely storing login data to prevent unauthorized access. The Client is liable for actions taken by third parties who gain access to their login, password, or Client Panel due to the Client's actions or negligence. Smartx Technologies is not liable for damages caused by unauthorized access if the Client failed to meet their obligations or due to other circumstances beyond Smartx Technologies' control.
13. If there is a suspicion of third-party access to login data, the Client must immediately notify Smartx Technologies and reset the Subscriber Account password using the "Forgot your password" option.
14. The Client Panel offers functionalities available after logging into the Subscriber Account, allowing the Client to manage their Account, purchased Services, Domains, Payments, and contact Technical Support.

§4 Conclusion of Agreements for Individual Services

1. To conclude an agreement for the provision of Services or some of them, the Client selects the Services offered by Smartx Technologies in which they are interested. All Services, several, or one of them can be selected.
2. The agreement duration for a given Service corresponds to the selected billing period of that Service.
3. If the Client wishes to register a Domain, they should provide its name along with extension (e.g., .pl, .eu, .com.pl) and then check availability. If the Domain name with the selected extension is available, the ordering process can be continued.
4. When ordering Hosting, the Client can choose the variant in which the Hosting will be provided. After making the choice, the ordering process can be continued.
5. When ordering an additional SSL Certificate service, the type of this certificate should be selected, and the Domain name to be certified should be provided. Then, the ordering process can be continued.
6. After selecting the Services, a summary of the order will be displayed to the Client. The Client should verify its accuracy. At this stage, changes to the order can be made by removing selected Services. The content of the summary constitutes an offer from Smartx Technologies to conclude a service provision agreement, except for the SSL certificate service. For this service, the order is an offer directed to the Certification Authority. Upon submitting the order, the Client receives confirmation of its receipt. For SSL certificates, the Client’s offer becomes binding upon order submission.
7. Checking the box for Acceptance of the Terms and Conditions, clicking the "Payment" button, and making the payment will send the order to Smartx Technologies and, except for the SSL certificate service, is equivalent to accepting the offer made by Smartx Technologies as per the above provision and is equivalent to concluding a service provision agreement. For the SSL certificate service, the agreement is concluded when the Client's offer is accepted by the Certification Authority, about which the Client is informed directly by this entity.

§5 Domain Registration

1. By placing an order for domain registration, the Client authorizes Smartx Technologies to forward this order to the appropriate registry or registry partner authorized to register the given domain. If the Client decides to renew the domain's validity, Smartx Technologies will forward this information to the appropriate registry or registry partner.
2. Smartx Technologies is not a domain registrar but acts as an intermediary in the registration process based on agreements with registries or their partners. This provision applies even if Smartx Technologies obtains the status of a registry partner.
3. The regulations of Registries and Registry Partners and their privacy policies are available on their websites. Links to those documents are published in the Annex no 1.
4. In accordance with domain registration rules, user data is transferred to the WHOIS database.
5. Until the user begins using the domain, Smartx Technologies reserves the right to place information on the domain address indicating that the domain was registered through Smartx Technologies and that technical support is provided by this company. This information may include the Smartx Technologies logo and a link to their website.
6. The Client grants registry partners a power of attorney to perform actions related to domain registration, maintenance, change of registrant, deletion, and management of domain data on their behalf.
7. The Client also grants a power of attorney to Smartx Technologies to perform these actions when the company obtains the status of a registry partner. The Client agrees for Smartx Technologies to perform all legal actions related to the registration and maintenance of the domain.
8. The Client grants Smartx Technologies consent and power of attorney to perform all necessary actions related to the registration and maintenance of the domain, including obtaining the AuthInfo code and transferring domain management to another registry partner.
9. This power of attorney also applies when Smartx Technologies becomes a registry partner and intends to transfer domains from another registry partner.
10. These powers of attorney enable the execution of orders and instructions placed by the Client within the services, ensuring their optimal execution.
11. Smartx Technologies reserves the right to refuse domain registration in the following cases:
    1. The domain is already registered.
    2. The registry refuses domain registration based on its regulations.
    3. The domain name contains illegal content.
    4. The domain name is on the list of reserved and blocked domains. The full list can be found on the respective registry's website.
12. After placing an order for domain registration, the domain is not reserved. The "first come, first served" rule applies. Smartx Technologies will register the domain within 24 hours of receiving the paid order. The payment deadline is not the domain reservation date, and Smartx Technologies does not guarantee its availability at the time of payment. If another person registers the domain during this time, Smartx Technologies may immediately terminate the registration agreement.
13. In case of non-payment for domain registration within 10 days of placing the order, Smartx Technologies may immediately terminate the agreement. If another person registers the domain during this time, Smartx Technologies will refund the payment within 14 days.
14. Termination of the agreement can also be issued through a notification in the subscriber account.
15. Smartx Technologies is not responsible for the actions and omissions of Registries, including the refusal to register or renew a domain name.
16. Smartx Technologies is not responsible for damages resulting from the malfunctioning of IT systems beyond Smartx Technologies' control.
17. Smartx Technologies is not responsible for:
    1. Blocking or deleting the domain name by the Registry and its possible acquisition by a third party.
    2. Registering the domain name in bad faith.
    3. Claims made by third parties regarding the domain name.
    4. Changes in the configuration of the domain name or its deletion by an unauthorized person, resulting from the Client providing login, password, or access data to their Client Account to third parties.

§6 Hosting

1. Smartx Technologies undertakes to provide hosting services in accordance with the offer available at https://smartxhosting.uk/.
2. Hosting services include providing server resources as specified in the package selected by the Client.
3. Smartx Technologies provides access to the Client Panel, allowing the management of hosting services.
4. The hosting service agreement is concluded upon payment for the selected hosting package.
5. The agreement is concluded for a specified period equal to the subscription period chosen by the Client.
6. The Client is obliged to pay for hosting services on time, in accordance with the Smartx Technologies price list.
7. Smartx Technologies reserves the right to suspend the provision of services in the event of non-payment on time.
8. Smartx Technologies undertakes to ensure the continuity of services, except for interruptions due to system maintenance or failures beyond the control of Smartx Technologies.
9. The Client agrees to use the hosting services in compliance with the law and these Terms and Conditions.
10. The Client is responsible for all content stored on Smartx Technologies servers, including photographic, video, and audio materials, confirming the possession of copyrights or appropriate permissions for their use.
11. Smartx Technologies does not provide hosting for services:
    1. containing content that promotes totalitarian ideologies, erotic, pornographic, warez content, including files intended for distribution that violate the law, such as music or video files,
    2. whose operation violates applicable laws or is associated with illegal activities, e.g., phishing or pharming sites, sites used to obtain credit or debit card data fraudulently,
    3. whose elements, such as CGI, PHP scripts, or forms, pose a significant threat to the stability of software or servers.
12. It is prohibited for the Client to store illegal data within the Hosting, including:
    1. violating applicable laws or good morals, particularly copyrights or personal rights of third parties,
    2. inciting hatred based on nationality or race,
    3. websites that are merely redirects to other websites or intended for positioning other websites if they violate laws or good morals,
    4. data containing viruses, trojans, or other malicious software,
    5. data, scripts, or programs that may disrupt the functioning of other Clients' websites or Smartx Technologies' IT system.
13. As part of the offered hosting services, DNS service is handled by Cloudflare servers. Upon purchasing hosting, the Client is informed via email on how to configure the Domain and DNS. DNS zone management is provided in the Client Panel.
14. As part of the hosting services offered, the Client receives an integral email service managed from the subscriber's account or control panel of the purchased server, including:
    1. outgoing mail filtering,
    2. incoming mail filtering,
    3. email archiving.
15. Smartx Technologies commits to promptly addressing failures causing interruptions in Hosting services. Smartx Technologies will inform Clients about the expected time to resolve the issue if it exceeds 5 hours.
16. Information about failures and the expected time to resolve them will be available on https://smartxhosting.uk/ and/or in the Client Panel. Smartx Technologies may also notify Clients via email.
17. If repairs or maintenance of equipment are necessary, which may cause interruptions in Hosting services, Smartx Technologies will inform Clients at least one working day in advance about the date and time of the interruption.
18. Smartx Technologies has the right to block all or selected Hosting functionalities for the Client in situations where:
    1. the Client causes server or infrastructure overload through their actions or actions performed via their Subscriber Account,
    2. there is a likelihood of significant deterioration in the quality of services provided to other Smartx Technologies Clients due to the Client's actions or actions performed via their Subscriber Account,
    3. There is a risk of failure caused by the Client's actions or actions performed via their Subscriber Account.
    Blocking all or selected Hosting functionalities occurs for the time necessary to eliminate the risk of the aforementioned situations.
19. Smartx Technologies will use the powers specified in point 18 only in situations where immediate action is necessary to prevent the described situations. In other cases, Smartx Technologies will first inform the Client of its intention to use these powers and request the Client to cease actions that may lead to the situations described in the mentioned provision, specifying an appropriate deadline for taking action.
20. If the Client exceeds the Transfer Limit applicable in the selected Hosting variant in a given month, the service will be suspended. To resume the service, the Client can:
    1. wait for the Transfer Limit to renew in the next billing month,
    2. purchase additional Transfer Limit in the Client Panel,
    3. upgrade to a higher hosting plan.
21. Unused Transfer Limit in a given month does not carry over to the next month.

§7 SSL Certificate

1. Scope of SSL Certificate Service:
   1. Smartx Technologies offers an SSL Certificate service, which ensures a secure connection between the server and the user's web browser.
   2. As part of each hosting service, Smartx Technologies provides access to a basic, free certificate provided by Let’s Encrypt.
   3. Smartx Technologies also offers a Premium SSL Certificate issued by a Certification Authority with which Smartx Technologies has an agreement.
2. Registration and Ordering of Premium SSL Certificate:
   1. To order an SSL Certificate, the Client should select the appropriate option from the offer at https://smartxhosting.uk/ssl-certificates or from the server control panel and fill out the order form, providing the domain name to be covered by the certificate.
   2. The Client is obliged to provide true and up-to-date information required for SSL Certificate registration.
   3. After placing the order, Smartx Technologies submits it to the Certification Authority for issuing the certificate.
3. Issuance and Installation of SSL Certificate:
   1. Granting the SSL Certificate depends on the decision of the Certification Authority, which is made based on its regulations.
   2. After receiving the certificate from the Certification Authority, it is automatically installed for the service/domain selected during the order.
   3. The SSL Certificate is issued for a specific Domain.
4. Validity Period and Renewal of SSL Certificate:
   1. The basic SSL Certificate provided by Let's Encrypt is valid for 3 months from the date of issuance and renews automatically.
   2. The Premium SSL Certificate is valid for the period specified in the selected certificate's specification.
   3. Smartx Technologies will notify the Client about the approaching expiry date of the Premium SSL Certificate at least 14 days before its expiration.
   4. The Client can renew the SSL Certificate by placing the appropriate order and making the payment according to the current price list.
5. Client Responsibilities:
   1. The Client agrees to promptly inform Smartx Technologies about any changes in information that may affect the certificate's validity.
   2. The Client is responsible for ensuring that the use of the certificate does not infringe on third-party rights or applicable laws.
6. Limitations of SSL Certificate Service:
   1. Smartx Technologies is not responsible for damages resulting from the improper use of the certificate by the Client.
   2. Smartx Technologies reserves the right to suspend or revoke the certificate in case of violations of the certificate usage conditions or laws by the Client.
7. Termination of SSL Certificate Service:
   1. The Client has the right to terminate the SSL Certificate service at any time by notifying Smartx Technologies electronically.
   2. In the case of termination of the SSL Certificate service, Smartx Technologies does not refund the costs associated with the certificate purchase.

§8 Fees and Recurring Payments

1. The Client agrees to pay for the Service for the entire duration of the Agreement. Depending on the type of Service, fees are paid:
   1. in advance for the Subscription Period specified in the Service Specification – for Services billed once, or
   2. in advance or arrears – for Billing Periods specified in the Service Specification – for Services billed in Billing Periods or for additional fees, e.g., for additional Transfer Limit service.
2. The Client starts using recurring payments automatically during the procedure of purchasing the service or extending the service period.
3. By placing an order and accepting the terms and conditions, the Client consents to recurring payments according to the selected billing period.
4. Acceptance of recurring payments applies to all Client services except those which, due to their nature, cannot be covered by recurring payments.
5. To use recurring payments, the Client must have a payment card and provide its details in the Client Panel.
6. The Client is obliged to ensure that there is at least one active payment card on their account throughout the service period.
7. In case of changes in card details, the Client must update them in the Client Panel to maintain the ability to make recurring payments.
8. Recurring payments may also be activated automatically when transitioning from a trial period to a subscription period, if such an option is available.
9. The Client agrees to ensure funds on the payment card to cover the service fees.
10. An invoice for the next subscription period is issued by Smartx Technologies 10 days before the end of the current subscription period. The invoice contains information about the service, the amount due, the payment deadline, and the method of payment.
11. Smartx Technologies may include information about changes in service terms, such as changes in the terms and conditions or price list, as well as commercial information about available promotions in the notification.
12. On the date specified in the invoice, Smartx Technologies will attempt to collect the payment from the Client's payment card. The amount collected will be in accordance with the current service price list and the information contained in the invoice.
13. Smartx Technologies will send the Client a reminder about the upcoming payment deadline 5 days before the subscription period ends. This reminder is intended to allow the Client to ensure sufficient funds on the payment card and update the card details if necessary.
14. In the event of insufficient funds on the payment card, Smartx Technologies will notify the Client of a "failed payment" and inform them of how to settle the payment.
15. The Client can opt to pay the invoice before the due date, available in the Client Panel for the given invoice.
16. Successful payment for the service automatically extends the service usage period for the next subscription period and implements the announced changes in service terms.
17. If the Client terminates the service less than 14 days before its end, they will be required to pay for the next subscription period according to the selected billing system. If payment is not made or funds cannot be collected from the card, the Client may be charged additional administrative fees and statutory interest. This rule does not apply to domain renewals, which will expire if not paid.
18. In case of non-payment for the service in accordance with the issued invoice, the Client will receive three automatic reminders: 1, 3, and 5 days after the payment due date.
19. If the payment for the service is not settled within 7 days from the due date, the service will be suspended until all overdue invoices and fees are paid.
20. Subsequent invoices for the service will be issued according to the selected billing system, even if the service is suspended until terminated by the Client.
21. Smartx Technologies has the right to terminate the Agreement due to the Client's fault if the Client fails to pay for the Service or other fees related to this service, including interest.
22. Resumption of the Service after the cause of its restriction or suspension has ceased may be subject to a resumption fee as specified in the Price List.
23. Overdue payments are subject to collection according to the provisions of law.

§9 Validity of the Agreement, Termination, and Withdrawal from the Agreement

1. The Agreement is concluded for a fixed term in accordance with the selected Subscription Period of the purchased Service.
2. At least 10 days before the Subscription Period expires or, in the case of Domain Names, at least 10 days before the Domain Name Billing Period expires, Smartx Technologies will send the Client information about the upcoming expiration of the Agreement and the possibility of concluding a new Agreement to ensure the continuity of the Service.
3. A new Agreement is concluded when the Client confirms the terms of the Agreement proposed by Smartx Technologies and pays the due fee in accordance with the current Price List.
4. The Client may terminate the Service at any time during its duration but no later than 14 days before the end of the Service Subscription Period. In such a case, the Service will not be renewed and will expire.
5. Smartx Technologies has the right to terminate the Agreement with immediate effect in the following cases:
   1. the provision of the Service becomes impossible due to problems with the Smartx Technologies subcontractor involved in the provision of the Service;
   2. the provision of the Service becomes impossible due to the termination of the agreement with the Smartx Technologies subcontractor involved in the provision of the Service;
   3. Smartx Technologies ceases or suspends its business operations, in whole or in part, to the extent necessary to perform the Agreement;
   4. Smartx Technologies is placed in liquidation;
   5. The Client violates the obligations set out in these Terms and Conditions;
   6. The Client grossly violates social norms, personal rights of Smartx Technologies or persons acting on its behalf, or breaches the data security of those persons;
   7. The Client provides false or incomplete data in the registration form during Registration or after the conclusion of the Agreement (e.g., in the Client Panel), and does not complete or correct these data despite the Smartx Technologies request within the specified period;
   8. The Client materially breaches the provisions of the Terms and Conditions or the Agreement.
6. If you have entered into this Agreement as a consumer, you are entitled to cancel your contract with Smartx Technologies within 14 days of the contract formation date. The withdrawal period concludes 14 days after the contract is formed. For clarification, the contract is established when you place an order through our website confirming you have read the Regulations, thereby granting us permission to commence your services.
7. To exercise the right to withdraw from the agreement, the Client should inform Smartx Technologies of their decision by means of an unequivocal statement sent by electronic mail to office@smartxtechnologies.com.
8. You may use the withdrawal form template provided in Attachment 2 , but it is not mandatory.
9. To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before the 14-day period from the date of the agreement.
10. Subject to point 11, in the event of withdrawal from the agreement, Smartx Technologies will refund the Client all payments received promptly, no later than 14 days from the date of receipt of the withdrawal statement. The refund will be made using the same payment methods that were used in the original transaction, unless the Client agrees to a different method that does not incur any additional costs.
11. If the Client explicitly requested the commencement of the Service before the end of the withdrawal period and exercises the right to withdraw after making such a request, they are obliged to pay for the services provided up to the moment of withdrawal.
12.  If you request that we begin the performance of services during the 14-day cooling-off period, you acknowledge and agree to the following terms:
    1. Partial Performance: If you agree to the service starting within the 14-day cancellation period, Smartx Technologies will charge you for any services you have received up until the point of cancellation. The charges will reflect the value of the services provided.
    2. Full Performance: If the service is provided in full within the 14-day period, you will lose the right to cancel, as the service will have been completed before the cooling-off period elapses.
13. After the termination or expiration of the Agreement for a given Service, the Client will no longer be able to use the Service and will not have access to the materials and data stored within it, which will be deleted.
14. In a situation where all Agreements concluded by the Client are terminated or expire, the Client may submit a statement to Smartx Technologies to cease using the Client Panel. Submitting such a statement will result in the termination of the legal relationship that granted the Client continuous access to the Client Panel. As a result, the Client will lose access to the Client Panel, and to conclude future Agreements with Smartx Technologies, they will need to re-register and create a new Client Panel.

§10 Complaints

1. The Client has the right to submit complaints regarding the quality of Service. The Client, being an Entrepreneur or a consumer, also has the right to submit complaints regarding the compliance of the Service with the Agreement, in accordance with consumer rights regulations.
2. Complaints can be submitted electronically to the email address: office@smartxtechnologies.com or through the Client Panel.
3. The complaint should include:
   1. Client data enabling identification,
   2. Name of the Service the complaint pertains to,
   3. Description of the subject of the complaint,
   4. Circumstances justifying the complaint,
   5. Explicit demand,
   6. If the Client prefers to receive correspondence regarding the complaint at an email address other than the one provided in the Client Panel, they should clearly indicate this and provide the new address.
4. If the complaint does not include all the specified elements, the Client will be asked to complete them. The period for considering the complaint, referred to in paragraph 5, begins when all deficiencies in the complaint are completed by the Client.
5. Smartx Technologies makes every effort to consider complaints within 14 days, but no later than 30 days from the date of receipt of the complaint by Smartx Technologies. The time taken to complete the complaint deficiencies by the Client is not included in the period for consideration.
6. The response to the complaint and all correspondence regarding the complaint are sent electronically to the email address indicated by the Client in the Client Panel as the contact address unless the Client has specified a different address in the complaint.
7. Upon acknowledging the complaint as justified, Smartx Technologies will take action to meet the Client's demands, taking into account organizational and financial capabilities. This does not apply to situations where legal regulations impose specific methods of meeting demands related to the complaint. If the complaint results in a refund for the Service, the refund will be made to the same account or payment method used by the Client unless Smartx Technologies deems another method more appropriate in the Client's interest.
8. In the case of complaints from Entrepreneurs who are also consumers, the relevant provisions of the Consumer Rights Act, such as Article 43m and following, apply.

§11 Force Majeure

1. Smartx Technologies is not liable for non-performance or improper performance of its obligations under the Agreement if it is caused by force majeure.
2. Force majeure refers to circumstances beyond the control of Smartx Technologies, such as natural disasters, wars, riots, strikes, embargoes, actions or omissions of public authorities, technical failures, hacker attacks, or other events that Smartx Technologies could not foresee or prevent.
3. In the event of force majeure, Smartx Technologies will take all possible measures to limit the impact of these events on the provision of Services.
4. If the force majeure lasts for more than 7 days, Smartx Technologies has the right to temporarily suspend the provision of Services or terminate the Agreement without liability for damages caused to the Client.

§12 Final Provisions

1. Smartx Technologies reserves the right to introduce separate regulations that define the terms of use for specific services, the Client Panel, promotions, and payment for Services (hereinafter collectively referred to as "Separate Regulations").
2. The Terms and Separate Regulations may be modified, canceled, or replaced by new regulations. These actions will be further referred to as "Changes to the Terms" or "Changes to Separate Regulations," respectively.
3. The Client will be informed of Changes to the Terms via email or through the Client Panel.
4. The Terms and Separate Regulations are published at: https://smartxhosting.uk/legal-acts/.
5. Clients have the right to terminate the Agreement if Changes to the Terms or Separate Regulations negatively affect their essential rights and interests, as defined by UK consumer protection laws.
6. In the event of Changes to the Terms or Separate Regulations, the Client may terminate the Agreement within 14 days of being notified of the changes.
7. The termination of the Agreement due to Changes to the Terms or Separate Regulations should be submitted to Smartx Technologies electronically at office@smartxtechnologies.com or through the Client Panel.
8. Termination of the Agreement due to Changes to the Terms or Separate Regulations results in the termination of the Agreement on the day the changes to the Terms take effect, provided the Client terminates within the specified period.
9. Smartx Technologies makes every effort to inform the Client about Changes to the Terms or Separate Regulations in advance, allowing the Client to understand the changes and decide on the possible termination of the Agreement.
10. In the event of a dispute between a Client who is a consumer and Smartx Technologies, the parties may use alternative dispute resolution (ADR) methods, such as mediation or arbitration, as recommended by UK consumer law.
11. Smartx Technologies also informs Clients that they may use the Online Dispute Resolution (ODR) platform, which is available for resolving disputes related to agreements made remotely between consumers and businesses. The platform can be accessed at: https://ec.europa.eu/consumers/odr/.
12. For disputes relating to Agreements concluded between Smartx Technologies and the Client, the competent court will be the court in the jurisdiction of Smartx Technologies' registered office, unless the Client is a consumer or an entrepreneur with consumer rights. In such cases, the Client has the right to bring proceedings in the courts of their local jurisdiction, as required under UK law.
13. The Terms come into effect on July 7, 2024.

Annex No. 1: External Links for Informational Purposes

1. ICANN gTLD rules: https://www.icann.org/resources/pages/tlds-2012-02-25-en
2. ENOM gTLD rules: https://support.enom.com/support/solutions/folders/201000174282
3. CentralNIC rules: https://centralnicregistry.com/support/policies/terms