1. MANDATORY APPLICATION
2. COOPERATION PROTOCOLS
2.1 General Cooperation Protocol
1. Job Description by the Customer.
2. Assessment of cost by philanthropy.gr.
3. Financial offer from philanthropy.gr.
4. Acceptance of the financial offer by the Customer.
5. Payment of the advance by the Customer (for an amount of over EUR 100 a deposit is required, for a smaller amount a full payment is required).
6. The Customer must confirm with philanthropy.gr that the payment was received.
7. Work is done by philanthropy.gr.
8. Approval of work and Payoff by the Customer.
9. Philanthropy.gr delivers the Work and Invoice to the Customer.
2.2 Cooperation Protocol for Web Design
1. Description or Delivery of the Material by the Customer. The Material is all texts, images, videos, audio files, pdf files, etc. that will be used and/or be presented in the website.
2. Financial offer from philanthropy.gr.
3. Acceptance of the financial offer by the Customer.
4. In case the material was Described (in step 1), delivery of all Material by the Customer as it was described in step 1. No more material is accepted within the price of this financial offer.
5. In case the material was described (as in step 1) and then delivered (as in step 4), philanthropy.gr ltd. will compare the described material with the delivered material. Only of they are the same, the process can move to the next step.
6. Approval of the Material by philanthropy.gr ltd.
7. Payment of an advance by the Customer (for an amount of over EUR 100 a deposit is required, for a smaller amount a full payment is required).
8. The Customer must confirm with philanthropy.gr that the payment was received.
9. Work is done by philanthropy.gr and the website is presented to the Customer within the time period described in the financial offer.
10. Customer approves the work or asks for changes, within 3 days. All changes can only include the delivered Material (in step 1 or in step 4).
11. If changes were asked, work is done by philanthropy.gr and the website is presented to the Customer, for second time.
12. Customer approves the work or asks for changes, within 3 days, for a second time. All changes can only include the delivered Material (in step 1 or in step 4).
12. If changes were asked, work is done by philanthropy.gr and the website is presented to the Customer, for third time.
13. Approval of work and Payoff by the Customer within 3 days.
14. Philanthropy.gr delivers the Work and Invoice to the Customer.
2.3 Cooperation Protocol for Web Hosting
1. Hosting Package selection by the Customer.
2. Payment by the Customer.
3. The Customer must confirm with philanthropy.gr that the payment was received.
4. Philanthropy.gr delivers the Hosting Package Information and Invoice to the Customer.
3. GENERAL COOPERATION TERMS WITH CUSTOMERS
3.1 We follow the standard rules of the market and the Common Ethics. In any case, responsible for resolving any dispute are the courts closer to the headquarters of Philanthropy.gr ltd.
3.2 Philanthropy.gr ltd. communicates and is officially expressed by the Corporate e-mail address [email protected] and the email address of the Managing Director [email protected]. For enhanced security in e-mail communications, it is possible to use a digital signature or encryption if the recipient requires it.
3.3 The Customer communicates and is officially expressed by sending e-mail to any e-mail address of philanthropy.gr ltd., acknowledged by the suffix @philanthropy.gr.
3.4 All communications with other electronic addresses do not express philanthropy.gr ltd. nor negate terms or agreements which are based on communications with the Corporate e-mail address [email protected] and the email address of the Managing Director [email protected]. Exceptions are electronic documents that bear the digital signature of the Managing Director [email protected]. The Customer is obliged to contact philanthropy.gr ltd. and be informed on the digital signature and it’s identification.
3.5 The Customer is obliged to provide an electronic address that is active, and the messages sent to it are read regularly. If the Customer does not receive or does not read messages sent to the email address provided for communication, Philanthropy.gr ltd. cannot be held responsible.
3.6 The Customer is informed by e-mail, at least 3 days in advance (usually 15 days), that a service expires and service renewal is required or that there should be a payment. The reminder sent to the Customer by philanthropy.gr ltd. is a convenience but not an obligation or liability of philanthropy.gr ltd. The Customer is solely responsible and obliged to ensure the timely payment for the renewal of a service.
3.7 The payment of an advance, automatically means accepting a financial offer, and is equivalent to a job order.
3.8 For goods, the payment must be made on the time of delivery or prior the delivery of the goods, by deposit/transfer to a Bank Account of Philanthropy.gr ltd. or by Credit/Debit Card.
3.9 For services, the payment must be made within 30 days from the completion of the work. and in any case, before the delivery of the work to the client. The invoice is always delivered to the customer along with the delivery of the work or service to the customer.
3.10 For subscription services, e.g. web hosting, domain name, etc., the fees must be paid in advance, that is, before the period of the subscription begins. Specifically for Web Hosting services renewal, the fees must be paid at least ten (10) days before the period of the next subscription period begins. Later than these time frames, the renewal of a subscription service is not guaranteed. Failure to renew a subscription service timely, may lead to irreversible data loss.
3.11 For all Support jobs/tasks with an hourly charge, the standard rate is thirty (30) euros/hour.
3.12 For any job, regardless of the skills involved, there is a minimum charge of ten (10) euros or twenty (20) minutes.
3.13 Support Time can be purchased in advance. Some packages of Purchased Support Time ensure priority in the queue. Purchased Support Time is valid for 1 month from the date of purchase. After 1 month, a new purchase is required, even if the Purchased Support Time has not been consumed completely.
3.14 Philanthropy.gr ltd. is able to provide services 24 hours, 365 days a year. However, for working off the normal office hours, an increase in price applies, depending on the occasion, upon agreement.
3.15 The normal office working hours of philanthropy.gr ltd. is 9:00 to 17:00, Athens, Greece local time (GMT+2), unless another Office Hours time period is published on the contact page on Philanthropy.gr ltd’s website, at www.philanthropy.gr.
3.16 The prices and amounts mentioned always refer to the net value and do not include VAT or other taxes if applicable.
3.17 If the Customer chooses a payment method that requires extra charges or fees, these fees are paid by the Customer.
3.18 If the Customer does not pay a bill in time, and until the payment the prices change, the new prices will apply. This condition applies even if there is an contract with the old price.
3.19 Payments are made by deposit or transfer to the Bank Accounts of philanthropy.gr ltd. or by Credit/Debit Card. Cash is not accepted.
3.20 A payment is considered received when the amount has been completely and definitely received by Philanthropy.gr ltd. and is free from any restriction.
3.21 The prices and service features may change without warning. Anytime, the valid prices and service features are those presented in Philanthropy.gr ltd’s eshop, for which there is a link on philanthropy.gr ltd’s website at www.philanthropy.gr. Only a valid financial offer can be an exemption to this rule.
3.22 Philanthropy.gr ltd. reserves the right to discontinue cooperation with any Customer at its discretion and without obligation to provide reasons. In that case, the Customer will be refunded the appropriate amount if a service subscription period is pending. Philanthropy.gr ltd. is committed to provide all relevant information necessary for a smooth migration of the Customer from its infrastructure to another infrastructure. The Customer is responsible for the migration within five (5) working days from the time a written notice is sent. The migration operation to another infrastructure is Customer’s responsibility and, in any case, not philanthropy.gr ltd’s responsibility in any way.
3.23 The Customer reserves the right to discontinue cooperation with Philanthropy.gr ltd. at his/her discretion and without obligation to provide reasons. In that case, the Customer will be refunded the appropriate amount if a service subscription period is pending. Philanthropy.gr ltd. is committed to provide all relevant information necessary for a smooth migration of the Customer from its infrastructure to another infrastructure. The Customer is responsible for the migration within five (5) working days from the time a written notice is sent. The migration operation to another infrastructure is Customer’s responsibility and, in any case, not Philanthropy.gr ltd’s responsibility in any way. Exceptions apply, according to our refund policies.
3.24 Refund to the Customer is not possible, for work that has been completed. Completed working hours must be fully paid and cannot be refunded.
3.25 Refund to the Customer is not possible, for Domain Name subscription services. Buying a Domain Name is final and cannot be revoked.
3.26 Refund to the Customer is possible, for working hours that have not been executed yet, and for shared web hosting services for the period that is left until the expiration.
3.27 For VPS or Dedicated Server hosting, a written notice at least forty (40) days earlier is required before any cancellation or refund request. For other shared web hosting services, a written notice is required at least five (5) days earlier. For some services, the required notice time before the interruption can vary. Philanthropy.gr ltd. can inform the Customer at the purchase of each service if the Customer requests this information.
3.28 All web hosting services have a minimum charge of one month. There is no split into smaller intervals. The use of a service even for one day, that may fall in the next month, means the next month must be paid in its entirety.
3.29 For all services with subscription, the time period is defined from the beginning of the first day, until the end of the previous day of the same date in the next cycle (year, month, etc.). For example, February 15 to March 14 is counted as one month, January 15 2015 to January 14 2016 is counted as one year. The number of the days of each month or year may vary and are not counted individually.
3.30 Refund to the Customer is not possible, for products with very often price changes, or very often model changes, such as high tech products, e.g. mobile phones.
3.31 Refund to the Customer is not possible, for products with high prices and strict warranty policies, such as Rotrex superchargers.
3.32 In case a refund involves costs, all these costs will be paid exclusively by the Customer.
3.33 Each Client has one account corresponding to a name, company name or VAT number. Any unpaid account will be suspended in full if there is outstanding balance. The exact time of the suspension is the sole authority of Philanthropy.gr ltd.
3.34 Once an account is suspended, the data will remain on our servers for a maximum of another five (5) days. Within these five (5) days, if you pay the balance in full, the account will be reactivated. If a bill remains unpaid after the period of five (5) days, the system will automatically delete your account and all data in this account. If there are backups, charges apply in order to to restore and activate the account that has been deleted.
3.35 All times, dates, units, currencies etc. on all services, transactions etc. are defined by Philanthropy.gr ltd. Usually, they are the ones used in Greece.
3.36 Discounts or offers for a subscription service apply only for the billing cycle specified by Philanthropy.gr ltd. and not forever, unless a lifetime discount is explicitly specified in the offer or there is a written agreement between Philanthropy.gr ltd. and the Customer.
3.37 Orders for purchases and subscription services on our company eshop can be serviced only during our office working hours, depending on the day and time of purchase. For subscriptions, depending on the service, we offer alternative eshops where instant activation is possible.
4. QUALITY ASSURANCE – SECURITY PRACTICES
4.1 Selection of Infrastructure
Philanthropy.gr ltd. is committed to choose the world’s leading companies in their sector, at its discretion, but also taking into account the judgment or assessments of international rating agencies. We work with all the world’s leading infrastructure providers (Cloud Computing, Servers, Dedicated Servers, VPS, CDN etc.) in order to ensure top quality service and choose among a wide range of leading companies and services.
4.2 Physical Access
The infrastructure (eg servers) used by Philanthropy.gr ltd. for the provision of the services are in data centers with controlled access and are operated by a specialized company. Access to the data centers is limited to qualified personnel of the company or its representatives, which should be accessible only for the purpose of providing the services. Typically, each data center is staffed 24/7/365 and monitored by video. Entrance to the data center is only allowed with access cards and/or biometric hand scanners or other authorized authentication and security methods. Each provider may have its own certified monitor and access control methodology.
Verification: Both the providers and Philanthropy.gr ltd. perform background checks on its employees, who have access to the accounts of customers.
Access: Both the providers and Philanthropy.gr ltd. restrict the use of passwords for customer accounts to officials and other staff who need passwords for the purpose of rendering the services. All staff using passwords will be required to log in using his own and exclusive user name and password.
4.4 Report and address the breach of security
Both the providers and Philanthropy.gr ltd. will immediately report any unauthorized access or release of your information as soon as it is realized by those responsible for security matters. Upon request, we will provide you with all the information and documents available to us related with any such case.
4.5 Backup Administrator
Philanthropy.gr ltd. has established the process of Backup Administrator, in case the Standard Administrator, responsible for all security codes, becomes incapacitated for any reason to meet its obligations, e.g. health reasons, death etc. In this way, seamless access for all customers to all their passwords is guaranteed, in order to access services such as Web Hosting, Domain Name etc.
4.6 Philanthropy.gr ltd. may create an account on behalf of the Customer and/or its users, either on its infrastructure or on another infrastructure if this is necessary for providing a service or enhancing the quality or the security of the services provided. Each user must change his/her password and other information after the account has been delivered to the Customer.
5. SPECIAL TERMS OF SERVICE FOR WEB HOSTING
5.1 The Customer must select a hosting package/plan. If the Customer does not choose a hosting package, Philanthropy.gr ltd. has the right to propose or choose one on behalf of the Customer. If the Customer does not express a preference it means that he/she accepts the selection that is implemented.
5.2 For Cloud Hosting, if an account exceeds the limits of the corresponding hosting package, the services will continue without interruption. However, the Customer must pay for the extra resources that have been consumed. If exceeding resources occurs more than twice consecutively, the Customer should choose another hosting package with higher limits.
5.3 For Shared Hosting, if an account exceeds the limits of the corresponding hosting package, the services will be interrupted. The Customer has the option to wait with the service interrupted until the end of the month, when resources are reset, or ask for a hosting package upgrade, and have the service restored immediately.
5.4 For VPS, Cloud VPS or Dedicated Server Hosting, the terms vary depending on the infrastructure used for each account. The Customer must ask this information when selecting infrastructure for his Server.
5.5 Philanthropy.gr ltd. reserves the right to discontinue the operation of a website or to completely suspend a web hosting account, based on its judgment that this account is abusing resources of the infrastructure. In any case, the Customer will be informed and the problem should be resolved as soon as possible after consultation.
5.6 Philanthropy.gr ltd. reserves the right to ask the Customer to instantly upgrade to a higher or different type of web hosting package, based on its judgment for resources abuse.
5.7 The purchase of a web hosting service, does not include e-mail accounts’ creation or other tasks. Either the Customer undertakes such work, or purchases the corresponding service.
5.8 The web hosting infrastructure is of highest quality and all precaution measures are taken. However, the security of a web page is a property of the server content, the software. From time to time, security updates are required by all kinds of software. Philanthropy.gr ltd. is not responsible if the customer is not informed, does not apply or does not ask for security updates. Philanthropy.gr ltd. is not responsible in case of violation, infection or destruction of the content on the server by actions of others. Maintaining a backup is an extra service and not provided unless requested and paid by the Customer.
5.9 For all web hosting services the Acceptable Use Policy found below in this text, also applies.
6. SPECIAL TERMS OF SERVICE FOR WEB DESIGN
6.1 The financial offers are based on an estimate of working hours. After effort and extensive experience, we have managed to standardize the work, by estimating the actual working time for each service provided. However, if in some case, for whatever reason, some work takes much more or much less than the estimated time, the cost must be adapted to reality and the Customer shall be informed, before the job is finished. The Customer has the right to decide whether or not to accept the revised offer, and philanthropy.gr ltd. is not obliged to perform a task at the cost of an offer that has been revised. Also, if the Customer requests more or fewer hours of work during the development of a website, the offer shall be adjusted upwards or downwards. For tasks that require more than the estimated time, the Customer is always informed in advance.
6.2 For a more accurate estimate of the hours, the Customer describes/enumerates or delivers the material to be placed on the website (texts, images, other files), according to the Cooperation Protocol for Web Design.
6.3 The new or under construction websites remain locked until full payment.
6.4 The creation of a website is done directly on a server (web server) and it is delivered to the Customer installed there.
6.5 The web design/graphic design work refers to the visitor’s side, and not to the administrator’s interface of the website.
6.6 For the delivery/storage of a website on a DVD or any other storage medium, the Customer undertakes this work, or purchases the corresponding service.
6.7 The purchase of a web design service, does not include e-mail accounts’ creation or other tasks. Either the Customer undertakes such work, or purchases the corresponding service.
6.8 From time to time there are necessary updates and/or upgrades for software installed on websites, for security reasons. Philanthropy.gr ltd. is not responsible for the application of these updates, unless there is a contract, or purchased service for the execution of this specific job. Philanthropy.gr ltd. is not responsible if the customer is not informed, does not apply or does not ask for security updates. Philanthropy.gr ltd. is not responsible in case of violation, infection or destruction of the content on the server by actions of others. Maintaining a backup is an extra service and not provided unless requested and paid by the Customer.
6.9 If a problem occurs or is found in the software of a website after it has been delivered to the Customer, Philanthropy.gr ltd. has no responsibility.
6.10 For new or under construction websites, work will begin as soon as all the Material has been delivered in full by the Customer, as described in the corresponding commercial proposal. If additional material is delivered, or if additional work is requested, the cost shall be adjusted for the extra work.
6.11 Some characteristics or special features on a website are based on default properties in the software used. The commercial proposals always refer to these default properties -e.g. appearance of a contact form. Additional features or design changes may require extra work and extra cost.
6.12 If a software created by third party used in a website, presents any problem or any imperfection, philanthropy.gr ltd. is not responsible. This applies even if philanthropy.gr ltd. has advised the usage or the purchase of this particular software.
6.13 The material delivered for the creation of a website must comply with certain specifications. Philanthropy.gr ltd. can inform the Customer about the specifications of the material, if the Customer requests this information, or if the material delivered by the Customer is not suitable. For example, the documents are delivered in one of the following file types: .doc files, docx, .txt, .odt, the images are delivered in one of the following file types: .jpg file, .png, .jpeg, and logos are delivered in one of the following file types: .ai, .eps, .svg.
6.14 The assessment of costs and/or the equivalent in working hours is the sole authority of philanthropy.gr ltd. Philanthropy.gr ltd. reserves the right, to assess the cost by price and not by the estimated working hours. For example, countless hours may have been invested in order to learn how to do a very quick modification in the code.
6.15 Each website, after fully paid and delivered, belongs to the Customer who has exclusive rights and sole responsibility for all content, but also for its software health. For GPL licensed software, end user’s rights and obligations are transferred by Philanthropy.gr ltd. to the Customer. Proprietary software created by Philanthropy.gr ltd. is offered only for end user usage by the customer, to the extend of the specific and single piece of intellectual work, for the specific application. The Customer does not obtain the right to copy, clone, distribute or resell the intellectual work performed on either GPL or proprietary software. The intellectual property rights on proprietary software remain a property of Philanthropy.gr ltd. A Customer who purchases a website development or website design service, has no right to copy the software to another website or to another domain. A Customer who purchases a website extension or any other piece of software, has no right to copy the software to another website or to another domain. Philanthropy.gr ltd. has the right to encode any part of proprietary software delivered to the customer, in order to protect intellectual rights.
6.16 The typical commercial proposals assume that Philanthropy.gr ltd. has the right to place at the bottom (footer) of each website, evidence that the website is designed and hosted by philanthropy.gr ltd. e.g. “Design & Hosting by philanthropy.gr” or “Powered by philanthropy.gr” or “Design & Hosting by w3specialists.com” or “Powered by w3specialists.com”, with a referral link to a Philanthropy.gr ltd.’s website. The Customer may request a financial offer that explicitly mentions the phrase “Without any indication or reference to Philanthropy.gr ltd.”, and then Philanthropy.gr ltd. will not have the right to place at the bottom (footer) of the website evidence that the website is designed and hosted or powered by Philanthropy.gr ltd. Discounts are not possible in such cases.
6.17 The Customer is obliged to remove or accept the removal of the indication that Philanthropy.gr ltd. has created or hosts a website, after Philanthropy.gr ltd. makes such a request, based on the judgment of Philanthropy.gr ltd. that the website is not properly maintained or has been deformed, or for any other reason Philanthropy.gr ltd. considers that this website discredits Philanthropy.gr ltd. with its content or aesthetics or some other feature.
6.18 The appearance and functionality of a website upon delivery to the customer, should be tested on a popular, contemporary and of latest version Operating System and Internet Browser. In case discrepancies appear, the final and applicable demonstration and testing will be performed with equipment specified by Philanthropy.gr ltd., which in its reasonable judgment is the suitable equipment to ensure maximum compatibility across devices.
6.19 The Customer is responsible to inspect and approve or reject a work or service at the time of Presentation and/or Payment/Delivery. After the Delivery of a work or service, all job requests have an extra cost. The inspection and approval are considered final after the Payment of this work or service.
6.20 In case work is presented for a third time and the customer still rejects the work, the financial offer is revised with extra cost/work.
7. DETAILS ON TERMS OF SERVICE
7.1 In case of disagreement between us concerning the interpretation of the Terms of Service, the reasoning and the expressed decision of Philanthropy.gr ltd. prevails.
7.2 You agree to each one of the following: obey the applicable laws and the Acceptable Use Policy, to pay the fees due for the Services, take reasonable security precautions in using the Services, including, where appropriate, encryption for data transmitted to and from, or stored on the Services (including servers and devices), collaborate with Philanthropy.gr ltd. to research potential problems, and any suspected violation of the agreement, to keep the contact and billing information and other information for your account updated, immediately inform Philanthropy.gr ltd. for any unauthorized use of your account or any other breach of security.
7.3 If any payment is delayed more than thirty (30) days, and Philanthropy.gr ltd. takes legal action to collect payment or involve a payment collection company, you must also pay the reasonable costs Philanthropy.gr ltd. paid for the collection of payment, including attorney’s fees and costs. All fees listed are in Euro. Charges not questioned within thirty (30) days of the date communicated considered accurate and final.
7.4 We may suspend the Services without liability if: (i) we have reasonable grounds to believe that the services are used (or have been or will be used), in violation of the Terms of Service, (ii) discover that you are, or connect in any manner with, a person who has used improperly similar services in the past (iii) you do not cooperate with us in our research on any potential breach of the Agreement (iv) we have reasonable grounds to believe that the services are accessed or manipulated by third party without your consent, (v) we reasonably believe that the suspension of Services is necessary to protect our network or our other customers, (vi) the payment for services has been delayed, or (vii) the suspension is required by law. We will give you a notice of suspension in accordance with this paragraph and an opportunity to cure the reasons the suspension is based on, unless we judge, in our reasonable discretion, that the suspension should be applied sooner or without communication, in order to protect Philanthropy.gr ltd. or other customers or our suppliers from an immediate and significant risk to the safety or proper operation. If the suspension is based on breach of the Agreement by you, then we can continue to charge you any fees for its Services during the suspension and we may charge you a reasonable fee for the recovery of the Services.
7.5 We may terminate the Agreement for breach, and suspend the Services without liability if: (i) find that the information you provide about yourself or the proposed use of the Services was incorrect or incomplete, (ii) if you are a person who is not at least 18 years of age or otherwise do not have the legal capacity to conclude agreements when you submitted the order, or if you are a company or legal person, and the person submitting the Order has no legal right or authority to make commitments on behalf of the person represented as Customer, (iii) your payment for any amount of the invoice is delayed, and if you do not pay overdue amount within two (2) days of our written notice, (iv) use the Services violating the AUP (Acceptable Use Policy) and fail to cure the breach within two (2) days of our written notice, (v) violate the AUP more than once, even if you cure any breach, or (vii) fail to comply with any other provision of the Agreement and the fault is not rectified within ten (10) days of your notice.
7.6 You may terminate our agreement if: (i) we fail to provide the Services as agreed and do not remedy this failure within five (5) days of your written notice describing the failure, or (ii) We do not meet any other requirement specified in the Agreement and do not remedy such failure within thirty (30) days of your written notice describing the failure.
7.7 We will not have access to your personal data stored on the Infrastructure during the suspension or after termination of service.
7.8 You agree to keep elsewhere, at least one additional copy of data stored on our systems. You are responsible for implementing and monitoring backup and restore, as well as for checking your system and for checking the integrity of your data.
7.9 Philanthropy.gr ltd. is not responsible for unauthorized access to your data or unauthorized use of the Services, unless the unauthorized access or use is a result of Philanthropy.gr ltd’s inability to meet its obligations as stated in this Agreement. You are responsible for using the services by any of your employees, or any person to whom you have given access to the Services, and any person who gains access to your data or services as a result of your failure to use appropriate security measures, even if that use is not authorized by you.
7.10 We do not promise that the Services will be uninterrupted, error free or completely secure. You realize that there are risks associated with Internet connectivity that could lead to the loss of your privacy, confidential information and property. Philanthropy.gr ltd. has no obligation to provide security other than this referred to in this Agreement. Philanthropy.gr ltd. disclaims any warranties not expressly mentioned in the agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
7.11 You are solely responsible for the suitability of the selected service. Services are provided as they are. Any volunteer work we may perform for you, at your request, at no extra charge is provided as is, including the services that are not supported.
7.12 Some of the services are designed to help you comply with various regulatory requirements that may apply to you. However, you are solely responsible for understanding the regulations that apply to your business and for the selection and use of these services in a manner that complies with applicable law.
7.13 You are solely responsible for determining the suitability of the Service and to use it in the light of the applicable laws and regulations, and in compliance with EU requirements or other applicable privacy laws and generally all the regulations.
7.14 Each of us agrees not to use the Confidential Information of the other, but in the extent necessary for the provision or use of the Services, as applicable, or the exercise of our respective statutory rights under this Agreement, or as required by law. Each of us agrees not to disclose Confidential Information of the other to any third party, except as follows:
(i) to service providers, sellers, and agents, provided that such service providers, vendors, dealers have agreed to confidentiality measures that are at least as stringent as those set out in this Agreement.
(ii) to law enforcement agencies or the government if required by subpoena or other compulsory legal process, or if one of us believed, in good faith, that the behavior of the other may violate any applicable criminal law, as required by law.
(iii) in response to a subpoena or other compulsory legal process.
7.15 Our obligations to you are defined by this Agreement. We are not responsible to you for the non-provision of our Services.
7.16 None of us (or our employees, agents, partners or suppliers) can be held liable to the other for any lost profits or any indirect, special, incidental or consequential loss or damage of any kind, or any damage that could have been avoided by due diligence, even if the person responsible for the damage has been advised or should be aware of the possibility of such damages. Under no circumstances should any of us be liable to the other for any compensation.
7.17 Notwithstanding anything in the Agreement to the contrary, the maximum aggregate liability of Philanthropy.gr ltd. and its employees, representatives, suppliers, partners, and any act or omission relating to the Services or the agreement under any law ( including breach of contract, tort, strict liability, breach of law, and infringement) shall not exceed the total amount of 100 (one hundred) euros.
7.18 If we, our affiliates, or any of us or their respective employees, agents, or suppliers, are confronted with a legal claim from a third party resulting from your own actual or alleged gross negligence, willful misconduct, violation of the law, not fulfill security obligations required under the Agreement, violation of the AUP or breach of these Terms of Service, then you only will pay the cost of defending the claim (including reasonable attorneys’ fees) and damages, fines, or other amount imposed on Philanthropy.gr ltd. as a result of the claim. Your obligations under this section include claims arising from acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable Precautionary security, even if the acts or omissions of the person are not authorized by you. If you resell the Services, all the above statements also include any claim by your customers or end users resulting from the resale of the Services. We’ll choose a lawyer to defend the claim. You must comply with our reasonable requests for assistance and cooperation in defending against any claim. You must pay the costs payable under this section if they arise.
7.19 You may resell the services, but you are responsible for the use of services by third parties to the same extent as if using the services yourself. Unless otherwise agreed, Philanthropy.gr ltd. will provide support only to you, and not to any other person. There are no other, third-party beneficiaries of this agreement, which means that third parties have no right to any demand from us under this Agreement.
7.20 We can change the Terms of Service at any time, provided that any changes are reasonable and consistent with applicable law and industry standards. All these changes made during the course of your Agreement will take effect in your account immediately. If a change substantially and adversely affects you, you may terminate the Agreement by giving us written notice of termination on these grounds no later than thirty (30) days from the date on which the change entered into force.
7.21 Your communications on services should be sent to:
or by post to:
Megakleous 1 &Leontariou 23,
7.22 Philanthropy.gr ltd. will contact you about services and legal notices via e-mail to the e-mail and the person you designate as your contact for your account. Messages deemed to be received by the time of their submission.
7.23 Communications can be made in Greek or English language.
7.24 You may not use the Services in any situation where failure or fault of the Services could lead to death or serious injury to any person, or in physical or environmental damage. For example, you can not use, or allow any other person to use the Services in connection with aircraft or other means of public transportation of people, nuclear or chemical facilities, or other medical facilities.
7.25 Each of us retains all rights, trade secrets, inventions, copyrights and other intellectual property rights. Any intellectual property developed by Philanthropy.gr ltd. in the performance of the Services shall belong exclusively to Philanthropy.gr ltd., unless we have agreed with you in advance in writing that you will be entitled to copyright.
7.26 Following the expiration or termination of the Agreement, you should stop using the Services and to resign from the use of IP addresses and the names of the server that you have been assigned by Philanthropy.gr ltd. in connection with the Services, as shown in the DNS for your domain name. You agree that Philanthropy.gr ltd., if necessary, may make changes to DNS records and zones in servers.
7.27 You agree not to interfere by any means in software management services that Philanthropy.gr ltd. installs on your services.
7.28 Philanthropy.gr ltd. agrees that its representatives will only use a minimum percentage of computing resources, and will not unnecessarily affect your use of the Services. Philanthropy.gr ltd. will use the means to monitor the infrastructure so that a more effective service delivery can be achieved.
7.29 You can not assign the agreement without the prior written consent of Philanthropy.gr ltd. We can assign the Agreement in whole or in part, in collaboration with an entity or company, in order to meet our obligations under this Agreement or as part of a corporate reorganization, or sale of our business, and we can transfer confidential information for you in any such deal. Philanthropy.gr ltd. may use third party service providers to perform all or part of the Services, but remains responsible to you under this Agreement, and for work performed by third party service providers to the same extent as if the Services were provided by Philanthropy.gr ltd. itself.
7.30 Neither of us will be deemed to have contravened the agreement, for the non-fulfillment of an obligation due to an event beyond our control, such as a major weakness of part of the electricity system, significant failure of the Internet, natural disaster, war, riot, epidemic, strikes or other organized labor action, terrorism, or other events of the size or type for which precautions are not generally taken in the industry.
7.31 This agreement is governed by the laws of Greece. Each of us agrees that any dispute or demand, including without limitation, claims, statutory, contract or tort related to or arising out of this agreement or alleged breach of this Agreement shall, upon timely written request be done by out of court resolution. You and we hereby waive any right to a judicial authority, so that differences can be resolved out of court. We both agree that we will not raise claims against each other after thirty (30) days from the day on which one of us believed the agreement has been violated.
7.32 If you register, renew or transfer a domain name through Philanthropy.gr ltd., Philanthropy.gr ltd. will apply to a competent body or domain name service provider on your behalf. Philanthropy.gr ltd. is not responsible for any errors, omissions or faults of the carrier. The use of domain name services is subject to the terms and conditions of the respective registrar. You are responsible for closing the account any reseller of registrar may have for your own domain name. The domain name is always owned by the owner – proprietor, which is indicated by the Client (either a natural person or legal entity). You are responsible for the inspection and correction of all information related to all your domain names registered with Philanthropy.gr ltd.
7.33 You are responsible for managing your services, like adding email accounts, expansion of storage space, configuration management, configuration of spam filters, limiting resource usage, updating or correcting your information, creating backups etc.
7.34 Philanthropy.gr ltd. and its providers provide email filtering services designed to filter spam, phishing scams, and e-mail infected with viruses. Philanthropy.gr ltd. recommends that you use additional security measures such as an antivirus program and firewall, with a computer connected to the Internet. Sending an e-mail that is quarantined from the filtration system, violates the Terms of Service and our Agreement. Philanthropy.gr ltd. will use commercially reasonable efforts to deliver your email messages. Filtering third-party services may from time to time prevent the successful delivery of your message. You acknowledge that technological constraints of the service filtering could lead to the arrest of some legitimate emails and the failure to capture any unsolicited e-mail, including email infected with viruses. You hereby warrant that you exclude Philanthropy.gr ltd., its employees, agents, partners, suppliers and third parties from any liability for damage resulting from the failure of Philanthropy.gr ltd. to filter illegitimate services or capture spam e-mail or from arresting legitimate e-mail, or a failure of your e-mail to reach the recipient as a result of the filtering service used by the recipient or the provider of the email address’s service, or for any unforeseen reason.
7.35 E-mail that exceeds the storage limit may be lost permanently. It is your responsibility to track the storage capacity of individual e-mail accounts.
7.36 You agree not to send bulk or commercial e-mail to more than five hundred (500) users per day with a maximum rate of fifty (50) messages every hour. These limits are not guaranteed on shared hosting services. In order to send more messages, you are obliged to purchase specialized service for this purpose.
7.37 By using the Services, you agree that you may establish new procedures for the use of the Services which are considered essential for the optimum performance of the Services.
7.38 You agree that we may ask you to transfer your data, judging in our reasonable opinion that the server migration is required to restore a degradation of service.
7.39 These Terms of Service apply as posted on Philanthropy.gr ltd’s website (https://www.philanthropy.gr) any given time.
7.40 Because the Internet is constantly changing and evolving, and because Philanthropy.gr ltd. is subject to respective Terms of Service and Acceptable Use Policies of its suppliers, Philanthropy.gr ltd. is likely to be forced to send you some new or specific conditions or policies. We reserve this right, and if we use the infrastructure provided by each provider, we are obliged to readjust these Terms of Service. Therefore, you acknowledge that these Terms of Service may not be complete for all possible cases, and acknowledge our right to send you new or additional conditions by written communication, depending on the particular case, or to modify the Terms of Service. In case these Terms of Service are different from the Terms of Service of our Providers, the Terms of Service of the Provider shall prevail and will apply to services provided to you.
7.41 Philanthropy.gr ltd. may actively or passively create an account on behalf of the Customer and/or his/her users and/or his/her services with some provider or service, as part of philanthropy.gr ltd’s effort to provide the highest quality of services. Sometimes, this is inevitable when Philanthropy.gr ltd. uses a supplier’s service. Philanthropy.gr ltd. will notify the Customer if and when in its judgment this is necessary.
7.42 In case there is a discrepancy between the English and the Greek text of these Terms of Service, the English text prevails.
8. ACCEPTABLE USAGE POLICY (AUP)
8.1 This Acceptable Usage Policy (AUP) is integrated in our Terms of Service and your Agreement with Philanthropy.gr ltd. for services.
8.2 Your Service may be suspended or terminated for the violation of this AUP, based on your Agreement with Philanthropy.gr ltd. for services.
8.3 Questions about this policy should be directed to the address [email protected].
You can not use the network or services of Philanthropy.gr ltd. to participate, enhance or promote illegal, abusive, or irresponsible behavior, including:
• The use of an account on the Internet or a computer without the permission of the owner.
• Unauthorized access to or use of data, systems or networks, including any attempt to examine or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Collection and use email addresses, user names or other identifying information without the consent of the person identified (including, without limitation, phishing, deception via Internet, stealing password, spidering, and harvest method).
• Collection and use of information without the consent of the information owner.
• The use of any false, misleading or fraudsters TCP-IP header packets in an email or post newsgroup.
• Use of the service for the distribution of software that secretly gathers user information or covertly transmits information about the user.
• Use the Service to distribute ad delivery software, unless: (i) the user consents affirmatively to download and install such software is based on a clear and prominent notice of the nature of the software, and (ii) the software is easily removable by the use of standard tools which are included for this purpose in main operating systems (such as “add/remove” Microsoft tool).
• Any behavior that is likely to result in retaliation against the network of philanthropy.gr ltd. or websites, or employees, or other factors such as suppliers, partners, clients, etc., and to engage in behavior that makes any of our servers target of a denial of service attack (DoS).
• Monitoring of traffic data or any network or system without express authorization of the owner of the system or network.
• Intercept the service to any user’s within the network of philanthropy.gr ltd. or any other network, including, without limitation, mail bombing, data flooding, deliberate attempts to overload a system and broadcast attacks.
The above list is illustrative and not restrictive.
8.5 Excessive use of system resources
You can not use any system provided by Philanthropy.gr ltd. in a way that interferes unduly with the normal operation of the system, or consume a disproportionate share of system resources. For example, we can prohibit automated or programmed use of the Mail Service if it has a negative impact on the e-mail system, or we may ask you to repair code anomalies hosted in infrastructure, if there is a conflict with other uses of Infrastructure or affects its operation. You agree that we can put in quarantine or delete the data stored in our infrastructure, if the data are infected with a virus, or otherwise damaged, and have the potential to infect or destroy the infrastructure or data of other clients stored on the same infrastructure.
8.6 E-mail Requirements
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to the massive or commercial e-mails. In addition, bulk and commercial e-mails must meet the following requirements:
• Your recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in process.
• Your procedures for attracting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address to which the consent is given.
• You can keep the data of the recipient’s consent to a form that can be produced promptly on request and will respond to the consignee and to a request by philanthropy.gr ltd. to provide proof of consensus within 72 hours of receipt of the application.
• You have procedures in place that allow a recipient to withdraw consent – as a link in the body of e-mail, or instructions to reply with the word “Unsubscribe” in the subject line. Respond to withdrawal of consent within 48 hours and inform the beneficiaries that their withdrawal of consent will be implemented in 48 hours.
• You must enter an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with such e-mail, and should respond immediately to messages sent to this address.
• You will have the means to track anonymous complaints.
• You should not obscure the source of your e-mail in any way. The e-mail must include the email address of the recipient in the message body or in the “TO” line of the e-mail.
• Do not try to send any message to an email address, if three (3) consecutive delivery discharges have occurred and the time between the third and the first rejection rejection is not greater than fifteen (15) days.
These policies apply to messages sent using the services, or for messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a website hosted through our services. In addition, you can not use a third e-mail service that has no similar procedures for all customers. These requirements apply to distribution lists that are created by third parties to the same extent as if you created the list yourself.
8.7 Philanthropy.gr ltd. can test and otherwise monitor your compliance with the requirements, such as requesting opt-in information from a random sample of your list at any time. Moreover, Philanthropy.gr ltd. can block the transmission of e-mail that violates these provisions. Philanthropy.gr ltd. may, at its discretion, require some customers to seek prior approval for bulk and commercial e-mail, which approval will not be granted if the Customer cannot prove that all requirements listed above, are met.
8.8 Vulnerability Testing
You can not attempt to investigate, to penetrate or test the vulnerability of a system or network of Philanthropy.gr ltd., or to violate the security of Philanthropy.gr ltd. or authentication measures, using either passive or intrusive techniques, without the express written consent from Philanthropy.gr ltd.
8.9 Newsgroup, chat forums, other networks
You should comply with the rules and agreements for publications in any bulletin board, chat group or other forum in which you participate, as IRC and USENET groups including their rules for content and commercial publications. These groups usually prohibit the publication and off-topic commercial messages, or mass publications in multiple fora.
You must comply with the rules of any other network you access or participate with the use of Philanthropy.gr ltd. services.
8.10 Offensive content
You may not post, transmit or store on or via the network or equipment of Philanthropy.gr ltd. any content or links to any content that Philanthropy.gr ltd. reasonably believes that:
• It depicts, promotes, promotes or relating in any way to child pornography, bestiality, or non-consensual sexual acts.
• It’s too violent, incites violence, threatens violence, or contains harassing content or hate speech.
• It is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.
• is defamatory or violates the privacy of a person.
• Creates a risk to safety or health of a person, creates a risk to public safety or health, compromises national security or conflicts with an investigation by law enforcement authorities.
• exposes trade secrets or other confidential or proprietary information to a third party.
• It aims to help others to defeat copyright protection techniques.
• It violates the copyright, trademark or service mark of third parties, patents or other proprietary right.
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trade.
• It is illegal or incites behavior that is illegal under the laws that apply to you or to philanthropy.gr ltd.
• Is in any way malicious, fraudulent, or may result in retaliation against philanthropy.gr ltd. by affected viewers.
8.11 Live Events
You can not use your Philanthropy.gr ltd. services to capture live sex acts of any kind, even if the content would otherwise comply with the AUP. Philanthropy.gr ltd. can prohibit streaming other live events where there is a specific risk, in the reasonable judgment of Philanthropy.gr ltd., the event to violate the “Offensive content” above.
8.12 Copyrighted material
You can not use the network or services of Philanthropy.gr ltd. to download, publish, distribute, or otherwise copy or use in any way any text, music, software, art, image or other work protected copyright law unless:
• you have been given express permission of the copyright work for the rights to copy the work in that way, or
• otherwise you are allowed with the established law of copyright to copy the work in that way.
8.13 It is the policy of Philanthropy.gr ltd. to terminate the services of clients who have repeatedly broken the terms.
• You must have a valid and updated information about the file of your domain name registrar for any domain name hosted on the network of Philanthropy.gr ltd.
• You can only use the IP addresses assigned to you by Philanthropy.gr ltd. in connection with your services.
• You agree that if Philanthropy.gr ltd’s IP addresses are assigned to the account you listed in a database of abuse, such as Spamhaus, this is violation of this AUP, and philanthropy.gr ltd. may take appropriate measures to protect its IP addresses, including the suspension and/or termination of your service, regardless of whether the IP addresses are included as a result of your actions.
• You agree that if you register a DNS record or zone to DNS servers of Philanthropy.gr ltd. or a domain name for which you are not the registered contact or administrator under the register system WHOIS, Philanthropy.gr ltd. may modify, move or erase this entry or zone.
• You can not register to use any Service with a false name or use an invalid or unauthorized credit card in connection with the Services.
9.1 Philanthropy.gr ltd. has the right to cancel or deny an order sent or agreed by any means, telephone, email, e-shop etc. at its discretion and without obligation to provide reasons. If a payment has been processed, a full refund will be provided. Usually, this may happen if a mistake or fault is discovered with prices, features or product/service quality.
9.2 A customer has the right to cancel or deny an order sent or agreed by any means, telephone, email, e-shop etc. at her/his discretion and without obligation to provide reasons, if an order has not be completed yet. In case an order has been completed, the refund policy as described in multiple paragraphs applies, separately for each product or service, even if these are included in a single order.