Terms of Service

1. Scope

These Terms apply to Services ordered through the EWADC website, Client Panel, an accepted quotation, order form or separate written agreement.

Unless expressly agreed otherwise, Services are intended for business, professional and institutional use. A person accepting an order for an organisation represents that they are authorised to bind that organisation.

2. Definitions

Customer means the person or entity purchasing or using a Service. Service means infrastructure, hosting, cloud, network, colocation, storage, compute, GPU, managed infrastructure or another service supplied by EWADC. Client Panel means the EWADC customer portal at console.ewadc.com. Customer Data means data, content, software, configurations or other information stored, transmitted or processed by or for the Customer using the Services.

3. Orders and Customer Accounts

An order becomes binding when accepted by EWADC through the Client Panel, accepted quotation, order confirmation, signed agreement or other written confirmation.

The Customer must provide accurate account, billing and contact information and keep it current. Login credentials must be kept confidential. The Customer is responsible for activity performed through authorised accounts and must notify EWADC promptly of suspected unauthorised access.

EWADC may require identity, business, payment, sanctions, fraud or compliance verification before activating or continuing a Service.

4. Services

Services may include dedicated servers, virtual servers, cloud infrastructure, GPU and AI infrastructure, Kubernetes, storage, colocation, connectivity, network security, managed infrastructure, energy-related infrastructure services and other data-center services described on the EWADC website or in an order.

Technical characteristics, location, included resources, billing unit, minimum term and Service-specific conditions are defined in the applicable order or service description.

EWADC may perform maintenance, replace components, change upstream providers or make reasonable technical changes where necessary for security, reliability or performance, provided that the essential nature of the purchased Service is not materially reduced without appropriate notice or agreement.

5. Service Levels, Maintenance and Support

Where a Service is subject to a Service Level Agreement, the applicable SLA is incorporated by reference. Service-specific commitments, exclusions and service credits are governed by the applicable customer agreement and EWADC SLA.

Support requests should be submitted through the Client Panel or another authorised support channel. Response priority may depend on Service, incident severity and support plan.

6. Customer Responsibilities

The Customer is responsible for applications, operating systems, credentials, software licensing, configurations, Customer Data and use of the Services except to the extent EWADC has expressly agreed to manage a specific element.

The Customer must maintain appropriate security controls, protect credentials and ensure authorised users comply with these Terms.

Where physical equipment belongs to the Customer, the Customer is responsible for ensuring that it is safe, lawful, compatible with the ordered environment and appropriately insured unless otherwise agreed.

7. Acceptable Use

The Services must not be used in violation of applicable law, third-party rights or network security requirements. Prohibited activity includes:

• unauthorised access, scanning, exploitation or interference with systems or networks;
• malware distribution, botnets, phishing, credential theft or fraudulent activity;
• spam or unlawful unsolicited bulk messaging;
• activity intentionally disrupting or damaging infrastructure;
• storage or distribution of unlawful content;
• infringement of intellectual property rights;
• use intended to conceal or facilitate unlawful activity.

EWADC may investigate abuse reports and require corrective action. Urgent protective measures may be taken where necessary to protect infrastructure, customers or third parties.

8. Prices, Billing, Payment and Taxes

Prices are stated in the applicable order, quotation, Client Panel or service page. Unless stated otherwise, prices are exclusive of VAT and other applicable taxes.

Recurring Services are billed according to the applicable cycle. Usage-based elements may be billed using measured usage or agreed service metrics. One-time setup, installation, equipment, engineering, remote-hands and third-party costs may be invoiced separately.

Invoices are payable by the due date stated on the invoice. EWADC may require advance payment, deposit or credit verification for particular Services.

9. Suspension and Protective Measures

EWADC may suspend all or part of a Service where reasonably necessary because of overdue payment, material breach, security risk, unlawful use, abuse complaint, sanctions or compliance concerns, or a threat to the stability of EWADC or third-party infrastructure.

Where reasonably possible, EWADC will provide notice and an opportunity to remedy the issue. Immediate action may be taken where delay could create material security, legal or operational risk.

10. Term and Termination

The term and cancellation conditions for a Service are specified in the applicable order or agreement. Services with a committed minimum term may not be cancelled early except as expressly provided by contract or applicable law.

Either party may terminate for material breach if the breach is not remedied within a reasonable written cure period, unless immediate termination is justified.

On termination, access may be disabled and Customer Data may be deleted after the applicable retention or decommissioning period. The Customer must export required data before termination unless another arrangement is agreed.

11. Customer Data, Backups and Security

The Customer retains its rights in Customer Data. EWADC does not obtain ownership of Customer Data merely by providing infrastructure used to store or process it.

Unless backup, replication, archival or recovery is expressly included in the ordered Service, the Customer is responsible for maintaining appropriate backups and recovery procedures. Infrastructure redundancy does not itself constitute a Customer backup.

EWADC applies reasonable technical and organisational measures appropriate to the Services, but no system can guarantee absolute security or uninterrupted availability.

12. Data Protection and GDPR

EWADC processes personal data in accordance with applicable European Union and Polish data-protection legislation, including Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR).

Where EWADC processes personal data relating to the Customer, its representatives, users, suppliers or contacts for EWADC's own business purposes, that processing is described in the EWADC Privacy Notice.

Where EWADC processes personal data on behalf of a Customer in connection with infrastructure or hosting Services, the parties' controller and processor obligations are determined under applicable data-protection law and, where required, an applicable Data Processing Agreement (“DPA”).

The Customer is responsible for ensuring that personal data uploaded, stored, transmitted or otherwise processed through the Services is processed lawfully and that the Customer has an appropriate legal basis.

EWADC implements appropriate technical and organisational measures designed to protect personal data against unauthorised or unlawful processing and accidental loss, destruction, alteration or disclosure, taking into account the nature of the Service and processing.

13. Third-Party Services and Software

Some Services may depend on telecommunications carriers, data-center operators, software licensors, payment providers, hardware vendors or other third parties. Third-party terms may apply where clearly identified.

Unless expressly included in an order, licenses, subscriptions, domains and third-party services are not included in the Service price.

14. Intellectual Property

EWADC and its licensors retain all rights in the EWADC website, Client Panel, documentation, trademarks, designs, software and other materials supplied by EWADC except for rights expressly granted to the Customer.

The Customer grants EWADC only those rights in Customer Data and Customer materials necessary to provide, secure, support and administer the Services.

15. Liability

Each party is responsible for loss caused by its breach of contract, negligence or other legal basis to the extent provided by applicable law and the applicable customer agreement.

To the maximum extent permitted by law, EWADC is not liable for indirect or consequential loss, loss of profit, revenue, business opportunity or anticipated savings, or loss resulting from Customer-controlled systems, Customer software, Customer Data, credentials or third-party services, except where such exclusion is prohibited by law.

Any limitation or cap of liability contained in a specific customer agreement, colocation agreement or service order prevails for that Service.

16. Force Majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil disturbance, major utility or telecommunications failures, governmental action, labour disruption, fire, flood, epidemic, exceptional cyber incidents or failures of critical third-party infrastructure, provided reasonable mitigation steps are taken.

17. Changes to Services and Terms

EWADC may update these Terms to reflect legal, regulatory, security, technical or operational changes. Material changes will be published with an updated effective date and, where required, notified to affected Customers.

Changes to a specific committed Service, price or minimum term remain subject to the applicable order or agreement.

18. Governing Law and Disputes

Unless a separate written agreement states otherwise, these Terms and the contractual relationship with EWADC are governed by the laws of the Republic of Poland, without prejudice to mandatory rules that cannot lawfully be excluded.

For business customers, disputes shall be submitted to the courts having jurisdiction over the registered office of BCM CAPITAL sp. z o.o., unless another competent court is agreed or mandatory law provides otherwise.

19. Provider and Contact