Legal

Fee for Service Agreement

Data protection gdpr@alexhost.com

This Agreement is entered into between “ALEXHOST” S.R.L., a company registered in the Republic of Moldova, located at 3, C. Brancusi str., Chisinau municipality, (hereinafter the “Operator”), and the Subscriber, as identified in the registration data provided upon account creation on the Operator’s WWW-Server (hereinafter the “Subscriber”).

This Agreement constitutes a public contract within the meaning of the Civil Code of the Republic of Moldova. The terms and conditions are the same for all Subscribers, except where the law provides benefits for certain categories of subscribers.

1. DEFINITIONS

1.1. Hardware-software “System of Information and Reference Services” is created by the Operator in accordance with the Regulation on the provision of telematic services and Regulation on the provision of data transmission services, in order to provide the Subscriber the information on Service provision and/or provision of Products and information about the Operator. The System of Information and Reference Services includes:

Operator’s WWW-Server — Operator’s official web site, at the address https://www.alexhost.com in the Internet network, registered as means of mass communication. The Subscribers can find on the Operator’s WWW-Server, free of charge, 24 hours a day, all the information necessary for the conclusion and performance of this Agreement, and all the Operator’s official documents are published there, etc.

Control Panel — Operator’s evidence system (web interface), at the address https://billing.alexhost.com/ in the Internet network, offered to the Subscriber, in order to carry out, during 24 hours, the following Services:

  • offering information regarding the Services provided to the Subscribers and the Products ordered;
  • offering information regarding the Tariffs used by the Subscriber and the Tariff Plans for the Services and Products;
  • offering information about the status of the Personal Account;
  • receiving information about the defaults preventing the use of the Services;
  • ordering, control, changing and deactivation of Services, distance selling of Products;
  • offering information regarding the setting up of the equipment in order to use the Services and the Products, etc.

1.2. Personal account information — evidence data contained in the Operator’s system regarding the payments made by the Subscriber for the Services used and the Products ordered.

1.3. Reports (reporting period) — is the period of time from the first to the last day of each calendar month.

1.4. Business day — is the working day considered officially as such in the current year on the territory of the Republic of Moldova, within a five days working week. However, where the present Agreement and its annexes do not expressly indicate the term “business day”, the term “calendar day” shall be applied.

1.5. Datacenter or Technical Room — specially designed rooms for the location of equipment, such as Servers and networks, for the provisions of the Services under this Agreement.

1.6. Services — the services provided by the Operator to the Subscriber as described in Section 2 and the applicable Annexes.

1.7. Products — hardware and/or software products offered by the Operator.

1.8. Personal Data — any information relating to an identified or identifiable natural person (data subject), as defined by applicable data protection law.

1.9. Processing — any operation or set of operations performed on personal data, including collection, recording, storage, use, transmission, and deletion.

1.10. Controller — the natural or legal person who determines the purposes and means of the processing of personal data.

1.11. Processor — a natural or legal person who processes personal data on behalf of a Controller.

1.12. CNPDCP — the National Center for Personal Data Protection of the Republic of Moldova (Centrul Național pentru Protecția Datelor cu Caracter Personal).

1.13. Applicable Data Protection Law — the law applicable to the processing of personal data under this Agreement, including: Law no. 195/2024 on personal data protection of the Republic of Moldova; Regulation (EU) 2016/679 (GDPR) where applicable to EU/EEA-related processing; and any successor legislation.

1.14. Subscriber Personal Data — personal data of the Subscriber (natural person) or of authorized representatives of the Subscriber (legal person), collected and processed by the Operator for the performance of this Agreement.

1.15. Hosted Data — personal data of third parties (end-users, customers, or employees of the Subscriber) stored or processed on the Operator’s infrastructure through the Services. The Subscriber acts as Controller of Hosted Data; the Operator acts as Processor in respect of Hosted Data.

1.16. Data Processing Agreement (DPA) — a separate contractual instrument required under Art. 28 GDPR and equivalent provisions of Law no. 195/2024, governing the Operator’s processing of Hosted Data on behalf of the Subscriber as Controller.

1.17. Personal Data Breach — a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

2. SUBJECT OF THE AGREEMENT

2.1. The Operator undertakes to provide to the Subscriber the Services and/or Products ordered via the Control Panel, specified in the Agreement, and the Subscriber, in turn, undertakes to accept the Services and/or Products and pay for them.

2.2. The list and the characteristics of the Services and/or Products, and the prices are given in the corresponding Tariffs for the Services and/or Products:

  • Annex No 1.1. — Tariffs for hosting services;
  • Annex No 1.2. — Tariffs for virtual private servers (VPS);
  • Annex No 1.3. — Tariffs for dedicated servers;
  • Annex No 1.4. — Tariffs for Subscriber’s equipment collocation;
  • Annex No 1.5. — Tariffs for e-mail services;
  • Annex No 1.6. — Tariffs for the service of including in the domain names register;
  • Annex No 1.7. — Tariffs for software products;
  • Annex No 1.8. — Tariffs for technical services and support;
  • Annex No 1.9. — Tariffs for SSL certificates providing services.

2.3. The conditions for ordering and delivering the Services, acquisition and use of the Products, as well as other rights and obligations of the parties shall be governed by the following documents:

  • Rules for registration in the Operator’s evidence system;
  • Rules for the provision of Services and Products;
  • Regulation no. 1 — Regulation on equipment collocation.

2.4. All the annexes mentioned form an integral part of the present Agreement and are published on the Operator’s WWW-server. In case of differences of interpretation of the provisions in the annexes and those in the Agreement, the provisions in the annexes shall prevail.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Operator undertakes:

3.1.1. to register the Subscriber in the evidence system of the Operator, provided that the Subscriber complies with all the requirements concerning the registration procedure provided for in the Rules for registration in the Operator’s evidence system;

3.1.2. to transmit the Subscriber, on paper and/or via email, the user name (Client ID) and password to access the Control Panel;

3.1.3. to open the personal account of the Subscriber and to transfer to the account specified the financial resources received from the Subscriber;

3.1.4. to provide the Subscriber with information about the changes and the status of his personal account in the Control Panel and/or to the Subscriber’s e-mail address and/or telephone and/or via SMS messages, according to the details specified in the Control Panel of the Subscriber;

3.1.5. to provide the Subscriber with the Services and Products accordingly ordered via the Control Panel, in quantities and within the time limits provided for in this Agreement and its annexes;

3.1.6. to keep records of use and payment of Services and Products by the Subscriber through its evidence equipment;

3.1.7. to manage the personal account of the Subscriber, which reflects timely the receipt and disbursement of funds for the purpose of paying for Services and Products;

3.1.8. to preserve the confidentiality of Subscriber’s data obtained during the registration in the evidence system of the Operator, and of the content of private messages from the e-mail, except for the cases provided for by the legislation in force of the Republic of Moldova, this Agreement and its annexes;

3.1.9. to ensure the conditions for the operation and safety of the Subscriber’s equipment transmitted to the Operator in accordance with the delivery-acceptance report (only if the services are provided using the Subscriber’s equipment);

3.1.10. to publish official reports relating to the servicing of Subscribers, introduction of new tariffs and tariff plans, change and cancellation of tariffs and tariff plans, the internal exchange rate of the conventional unit reported to MDL, amendment of the Agreement and its annexes, etc., on the Operator’s WWW-server, on the Control Panel and/or to notify the Subscriber at the places of service of Subscribers and/or by sending the information regarding the amendments performed to the Subscriber’s email address indicated in the Control Panel, and/or the contact number of telephone or fax, and/or by sending SMS messages concerning the details specified in the Control Panel of the Subscriber;

3.1.11. to send invoices for payment of Services and Products;

3.1.12. to dispatch and invoice upon request by the Subscriber or for the delivery of services and/or products;

3.1.13. to carry out other duties in accordance with the provisions of this Agreement and the annexes thereto.

3.2. The Operator shall be entitled:

3.2.1. to request the Subscriber (collect from the Subscriber) to cover the resources used, where the volume of the actually rendered Services and/or offered Products have exceeded, by the negligence or at the initiative of the latter, the volume of the Services and/or Products referred to in this Agreement and/or ordered via the Control Panel;

3.2.2. to rely on the completeness, actuality and veracity of the information transmitted by the Subscriber;

3.2.3. if the funds of the Subscriber are not sufficient and/or the Subscriber’s personal account indicates a zero or negative balance in the Operator’s evidence system, immediately, with or without prior notification and at his discretion, to suspend the delivery of Services and/or to deactivate the software and/or hardware of the Subscriber and/or to block the resource (site, web page) and/or Subscriber’s registration data (login and password) and/or any other information of the Subscriber up to the moment of payment;

3.2.4. if the delay of payment of the Subscriber exceeds six (6) months, to denounce this Agreement unilaterally, as well as to transfer the equipment to the Subscriber that he owns (where the Services are provided including via the Subscriber’s equipment). The positive difference (where detected) between the cost of the equipment and the Subscriber’s debt to the Operator is considered the pecuniary penalty to be collected from the Subscriber by the Operator in order to cover the costs of delay;

3.2.5. to transfer its obligations under this Agreement to another operator, with prior notification of the Subscriber fifteen (15) calendar days in advance. In this case, the Operator has the right to send the notification in electronic form via email to the Subscriber’s address indicated on the Control Panel;

3.2.6. to empower a third person to conclude the Agreement in the name and on behalf of the Operator;

3.2.7. to enable a third party to make the settlements with the Subscriber in the name of the Operator;

3.2.8. to exercise other rights provided for in this Agreement and in the annexes thereto.

3.3. The Subscriber undertakes:

3.3.1. to register in the evidence system on the Operator’s WWW-server and to provide all the necessary documents and data required by the Operator, in accordance with the Rules of registration in the Operator’s evidence system;

3.3.2. to accept in due time and to pay for the Services provided by the Operator in the amount and within the time limits laid down in the Agreement and annexes thereto;

3.3.3. to monitor independently the status and refill in time his personal account in the system of evidence of the Operator (Control Panel);

3.3.4. to monitor independently the reception of invoices, acts and other accounting documents from the Operator;

3.3.5. to provide the Operator, in due time, with the materials, documents and information (data) required for the performance of its tasks by the Operator in accordance with the provisions of the Agreement;

3.3.6. at least once a week, to familiarize himself with the official information relating to the provision of Services and Products published on the WWW-server of the Operator;

3.3.7. in case of failure to comply with the obligations concerning the removal of the equipment transmitted to the Operator under the delivery-acceptance report from the technical room of the Operator, within three (3) days from the date of submission of an appropriate application for removal of the equipment or from the date of termination of the Agreement, to offset the costs for dismantling and maintenance of the equipment;

3.3.8. in the event of any technical defaults, immediately inform the staff of the Operator through the ticketing system and/or via e-mail: support@alexhost.com;

3.3.9. to provide support to the activity of the Operator’s representatives, including, but not limited to, the participation of experts and decision makers of the Subscriber and/or its representatives in negotiations with representatives of the Operator;

3.3.10. to properly execute the terms of this Agreement and annexes thereto;

3.3.11. to carry out other tasks provided for in this Agreement and in the annexes thereto.

3.4. The Subscriber is entitled:

3.4.1. to use the Services and Products of the Operator within the limits laid down in this Agreement and in the annexes thereto;

3.4.2. to order additional Products and Services from the Operator in accordance with the Tariffs for the Services and Products;

3.4.3. to dispense with the Services and Products previously ordered, in the manner specified by the Agreement and the annexes thereto;

3.4.4. to print the invoice by using the Control Panel and carry out the advance payment for Services and Products;

3.4.5. to benefit from other rights of the Subscriber under this Agreement and the annexes thereto.

4. DETERMINATION OF THE QUANTITY (VOLUME) AND THE COST OF SERVICES AND PRODUCTS

4.1. The quantity (volume) of Services and/or Products ordered and used by the Subscriber is reflected on the Control Panel. The cost of Services and/or Products shall be determined in accordance with the Tariffs for Services and Products and is also reflected on the Control Panel.

4.2. The Tariffs for Services and Products are indicated in EUR and are calculated in MDL according to the exchange rate of the National Bank of Moldova.

4.3. All the prices specified in the Agreement and in the annexes do not include VAT.

4.4. The quantity (volume) of Services consumed and/or Products ordered shall be determined exclusively on the basis of the indications of the Operator’s measuring devices. The ground for issuing invoices to the Subscriber and/or for the settlement of funds from his personal account for the Services and/or Products offered are the data obtained using the equipment used by the Operator in order to track the quantity (volume) of the Services provided and/or Products offered.

4.5. The Operator has the right unilaterally to revise the prices for Services and Products, to modify and/or introduce new tariffs and/or tariff plans, to liquidate tariffs and/or tariff plans and establish an internal exchange rate for EUR against MDL.

4.6. The Operator shall notify the Subscriber about the modification, introduction of new tariffs or liquidation of tariffs and/or tariff plans and/or establishment of a new exchange rate for EUR against MDL by posting corresponding messages on the Operator’s WWW-server and/or in the zones of the Subscriber, and/or on the Subscriber’s email address indicated on the Control Panel, and/or by phone or fax, and/or via SMS messages according to details specified on the Control Panel of the Subscriber, with at least ten (10) calendar days prior to the date of modification and/or introduction of new tariffs or liquidation of tariffs and/or tariff plans and/or establishment of a new exchange rate for EUR against MDL.

4.7. If the Subscriber does not agree with the changes in the tariff and/or tariff plan used, he may transfer to another tariff and/or tariff plan or may terminate the Agreement immediately. In the absence of a written notice on Agreement termination, sent to the Operator, or the Subscriber’s request to move to another tariff and/or tariff plan for specified reasons, sent via the Control Panel and/or via e-mail within ten (10) days from the date the amendments are to enter into force, they shall be deemed to be accepted by the Subscriber.

4.8. If the Operator liquidates the tariff and/or tariff plan used by the Subscriber, he is entitled to transfer to another tariff and/or tariff plan, or to terminate the Agreement immediately. In the absence of a written notice on Agreement termination, sent to the Operator, or the Subscriber’s request to move to another tariff and/or tariff plan for specified reasons, sent via the Control Panel within ten (10) days from the date of tariff liquidation, the Operator is entitled to transfer the Subscriber to another tariff and/or tariff plan.

5. THE MANNER AND TERMS OF PAYMENT OF SERVICES AND PRODUCTS

5.1. Payments under this Agreement shall be made by the Subscriber in advance prior to the provision of the Services (access to the Services) and/or Products. The Subscriber shall pay for an unlimited number of months for the expected time of use of the Services and/or for an unlimited number of Products expected to be ordered (positive account balance). The Services (access to the Services) are provided only when there is a positive balance in the personal account of the Subscriber (absence of debts on payment for Services). The Products are offered only if the Subscriber’s personal account has a sufficient amount to be debited for the payment of the Products.

5.2. The Operator has the right to suspend immediately the provision of the Services (to block access to Services) in case of the existence of a zero or negative balance in the personal account of the Subscriber (the existence of debts on payment for Services). The Operator shall restart the provision of Services to the Subscriber within twenty-four (24) hours from the date of submission of documents confirming the payment of the debt for Services or receipt of funds on the settlement account of the Operator.

5.3. The Operator shall have the right, with or without prior notice, to remove the resource (site, web page) and/or other information and data, if the suspension/blocking of Subscriber’s Services occurred as a result of a zero or negative balance in the personal account of the Subscriber.

The term for data retention is:

a) for virtual hosting services — forty (40) days from the date of formation of a zero or negative balance (of which the last ten (10) days are backup, and the Operator does not bear any responsibility for premature removal of the Subscriber’s information);

b) for virtual dedicated server and e-mail services — twenty (20) days from the date of formation of a zero or negative balance (of which the last seven (7) days are backup, and the Operator does not bear any responsibility for premature removal of the Subscriber’s information);

c) for dedicated server rental services — seven (7) days from the date of formation of a zero or negative balance (of which the last two (2) days are backup, and the Operator does not bear any responsibility for premature removal of the Subscriber’s information);

d) for equipment collocation services — seven (7) days from the date of formation of a zero or negative balance. At the end of this period, the Operator has the right to deactivate and dismantle the equipment.

The Operator shall also be entitled to retain the Subscriber’s equipment (if the Services are provided using also the Subscriber’s equipment) until the extinguishment of the debts for all the Services.

5.4. The Operator shall be entitled, at his discretion, to provide the Services to the Subscriber and/or to offer Products on credit, with subsequent billing. In this case, the Subscriber is obliged to pay the invoice within three (3) calendar days from the date of issue thereof.

In the event of late payment, the Operator has the right to immediately suspend the provision of the Services (to block access to Services) and/or to apply to the Subscriber a penalty in the amount of 0.1% of the invoice amount for each day of delay.

5.5. Payment for Services or Products is made by transfer. The payment order must be issued by the Subscriber and contain the user name (Client ID) for access to the Control Panel and his personal account number.

5.6. The Operator is entitled to suspend the transfer of funds in the personal account of the Subscriber until the correct registration of the payment by the Subscriber and/or request confirmation of the payment made and/or refuse to accept and transfer the payment in the following cases:

5.6.1. the payment order is issued not by the Subscriber;

5.6.2. the payment order does not contain the information and details required;

5.6.3. the user name (Client ID) does not coincide with the personal account number and/or name of the Subscriber.

5.7. The Payment Date is the date of receipt of funds on the settlement account of the Operator. The costs (bank charges) for the transfer of funds to the Operator’s bank shall be borne by the Subscriber.

5.8. The Subscriber shall be solely responsible for the correctness of the payment made. In the event of a change of the Operator’s bank details, the Subscriber, from the moment of publication of the new details on the Operator’s WWW-server, shall be solely responsible for payments made in accordance with the previous details.

5.9. The Subscriber has the right, at any time, to make any advance payment via the Control Panel, print the invoice and pay it.

6. THE TERMS OF PROVISION, DELIVERY AND RECEIPT OF SERVICES AND PRODUCTS

6.1. The terms of provision of Services and/or offering of Products, as well as the stages of provision of Services, are established by the Rules on the provision of services and products and the Regulation of equipment collocation.

6.2. At the request of the Subscriber, a legal entity or individual entrepreneur, at the end of each reporting period, the Operator shall submit the relevant accounting documents.

6.3. The Subscriber shall be obliged to forward to the Operator a signed copy of the delivery and acceptance report for the Services received from the Operator no later than ten (10) calendar days from the receipt of the services delivery and acceptance report.

6.4. In case of any differences with regard to the services delivery and acceptance report, the Subscriber shall notify the Operator by a registered letter with acknowledgement of receipt not later than fifteen (15) calendar days from the date the Operator has published on the Control Panel and/or sent by mail and/or email the text of the services delivery and acceptance report.

6.5. If the reasoned objections with regard to the services delivery and acceptance report did not reach the Operator within thirty (30) calendar days from the date of report publication on the Control Panel and/or sending of the services delivery and acceptance report by the Operator via mail and/or e-mail, the Services and/or Products shall be deemed supplied/provided in full and of appropriate quality, accepted by the Subscriber, and the services delivery and acceptance report shall be deemed signed by the Subscriber.

6.6. At the request of the Subscriber, invoices, reports and other accounting documents in accordance with this Agreement shall be sent via email to the Subscriber at the address indicated on the Control Panel or forwarded to the Subscriber in the Operator’s office.

6.7. The Subscriber is obliged to monitor the timely receipt of invoices, reports and other accounting documents from the Operator. The repeated display and/or delivery of invoices, reports and other accounting documents for the reporting period, or repeated display of these documents for previous reporting periods at the Subscriber’s request, provided that they were not received due to the Subscriber’s fault, shall be subject to an additional service fee of 28 MDL for each set of documents. The payment shall be debited from the personal account of the Subscriber.

7. LIABILITIES OF THE PARTIES

7.1. For failure to perform or improper performance of the obligations under the Agreement, the parties shall be liable in accordance with the legislation in force of the Republic of Moldova.

7.2. Liability of the parties not specified in the present Agreement shall be laid down in the following documents:

  • Rules for registration in the Operator’s evidence system;
  • Rules for the provision of Services and Products;
  • Regulation on equipment collocation.

7.3. In accordance with the Law on Telecommunications, the Operator has the right to suspend access to the Services in the event of a breach by the Subscriber of this Agreement and the annexes thereto, and of the legislation in force of the Republic of Moldova.

In this case, the Operator may continue debiting funds in a fixed amount from the personal account of the Subscriber for information storage, in the amount of 55 MDL per month.

In case of insufficiency of funds in the personal account of the Subscriber, the sanctions provided for in this Agreement shall apply.

7.4. If the Subscriber has not remedied the violation that caused the suspension of provision of the Services, the Operator is entitled to terminate the Agreement unilaterally, without refunding any amounts to the Subscriber.

7.5. The Subscriber agrees to hold the Operator harmless against any claims of third parties that have signed Services provision agreements with the Subscriber, where such services are partially or wholly provided to the Subscriber through the Operator’s Services and/or Products.

7.6. The Operator shall, under no circumstances, be liable to the Subscriber for any indirect damages.

The term “indirect damage” includes, but is not limited to, loss of revenue, profits, expected savings, business or reputation.

The Operator is responsible only for actual damages proven with documents.

The limit of liability for actual damages shall not, in any case, exceed:

  • 2,200 MDL for each case of prejudice;
  • 5,500 MDL for each case of prejudice in relation to equipment collocation services.

7.7. Payment of pecuniary penalties shall not exempt the parties from their obligations under the Agreement.

7.8. Other responsibilities of the parties not covered by this Agreement and the annexes thereto shall apply to the extent and in the manner prescribed by the legislation of the Republic of Moldova.

7.9. In case certain categories of Subscribers are subject to mandatory legal provisions establishing other grounds and limits of liability of the Operator in relation to those set out in this Agreement and the annexes thereto, the provisions laid down by law shall apply to such Subscribers.

8. EXAMINATION OF CLAIMS AND DISPUTES

8.1. All disputes or differences that may arise between the parties shall be resolved, as far as possible, through negotiations.

8.2. If during the prior procedure no agreement is reached (including negotiations which are mandatory, in accordance with the Law on Telecommunications, and require the submission by the Subscriber of a complaint and its examination by the Operator), any dispute arising under this Agreement shall be settled by the competent bodies of the Republic of Moldova.

8.3. The Subscriber’s claims with respect to the Services provided and Products offered shall be accepted and reviewed by the Operator only in writing and in the manner prescribed by the legislation on telecommunications of the Republic of Moldova.

8.4. To resolve technical defaults in the process of determining the degree of fault of the Subscriber as a result of his illegal actions in the use of the Internet network, the Operator is free to involve competent organizations as experts on a voluntary basis.

Where the fault of the Subscriber is established, the Subscriber shall be obliged to reimburse the costs of the expertise carried out.

9. DATA PROTECTION AND PRIVACY

9.1. The Operator, acting as Controller within the meaning of Applicable Data Protection Law, processes the personal data of the Subscriber for the purposes and on the legal bases set out in this Section. For all data protection matters, the Operator may be contacted at: “ALEXHOST” S.R.L., 3, C. Brancusi str., Chisinau, Republic of Moldova; e-mail: gdpr@alexhost.com. The competent supervisory authority for the Republic of Moldova is the CNPDCP (www.datepersonale.md).

9.2. The Operator collects and processes the following categories of Subscriber Personal Data: full name and, where the Subscriber is a legal person, the names of its authorized representatives; e-mail address, phone number, and postal address; Client ID and Control Panel authentication credentials in hashed form; payment details, bank transfer data, and invoice records; server access logs, IP addresses, bandwidth usage, and service consumption data; support communications; and contractual and dispute records. The Operator does not intentionally collect special category data as defined in Art. 9 GDPR from Subscribers in the context of this Agreement.

9.3. The Operator processes Subscriber Personal Data on the following legal bases: the performance of this Agreement and the provision of Services requested by the Subscriber (Art. 6(1)(b) GDPR); compliance with legal obligations, including accounting and tax law (Art. 6(1)(c) GDPR); the Operator’s legitimate interests in network and information security, fraud prevention, and the protection of its legal rights (Art. 6(1)(f) GDPR); and, where the Subscriber has given prior consent, the sending of marketing communications (Art. 6(1)(a) GDPR). Consent to marketing communications may be withdrawn at any time without affecting the lawfulness of processing carried out prior to withdrawal.

9.4. The Operator retains Subscriber Personal Data for no longer than is necessary for the purposes for which it was collected, as follows: account data is retained for the duration of the Agreement and for a period of 3 (three) years thereafter; invoices and financial records are retained for 5 (five) years from the end of the relevant financial year in accordance with the applicable accounting legislation; server and access logs are retained on a rolling basis for 90 (ninety) days; records of security incidents are retained for 5 (five) years; support communications are retained for 2 (two) years from closure of the relevant ticket; and consent records are retained for the duration of the consent and for 1 (one) year following withdrawal. Following the expiry of the applicable retention period, personal data shall be securely deleted or irreversibly anonymized.

9.5. The Subscriber who is a natural person, and any natural person who is an authorized representative of a Subscriber legal entity, has the following rights in relation to their personal data processed by the Operator: the right of access to personal data and information about its processing (Art. 15 GDPR); the right to rectification of inaccurate or incomplete data (Art. 16 GDPR); the right to erasure of data where it is no longer necessary, where consent is withdrawn, or where processing is unlawful (Art. 17 GDPR); the right to restriction of processing where accuracy is contested or processing is unlawful (Art. 18 GDPR); the right to receive personal data in a structured, commonly used, machine-readable format and to transmit it to another controller (Art. 20 GDPR); the right to object to processing based on legitimate interests (Art. 21 GDPR); and the right to withdraw consent at any time where processing is consent-based. Rights requests shall be submitted to gdpr@alexhost.com or via the Control Panel. The Operator shall respond within 30 (thirty) calendar days of receipt of a valid, verifiable request, subject to an extension of up to a further 60 (sixty) days where the complexity or number of requests justifies it, with notification of such extension. The Operator may request reasonable identification information before fulfilling a request.

9.6. Upon termination of this Agreement, the Subscriber shall have the opportunity during the applicable data retention period set out in Section 5.3 to export or request the return of their data. After that period, and in any case after the expiry of the applicable retention period set out in clause 9.4, all Subscriber Personal Data and Hosted Data that is not subject to a legal retention obligation shall be securely deleted. The Subscriber may also request deletion of their account and associated data at any time by written request to gdpr@alexhost.com, subject to any applicable retention obligations and the consequences for active Services set out in Sections 5.3 and 11 of this Agreement.

9.7. The Operator implements and maintains appropriate technical and organizational measures to protect personal data against unauthorized access, disclosure, alteration, loss, or destruction. Such measures include, without limitation: encryption of data in transit using TLS 1.2 or higher and encryption of data at rest where applicable; role-based access control and the principle of least privilege; multi-factor authentication for administrative access to infrastructure systems; firewall protection, intrusion detection, and DDoS mitigation; regular vulnerability scanning and timely patch management; automated backup systems with documented recovery time and recovery point objectives; audit logging of access to systems holding personal data; network segmentation between client environments; documented information security and incident response policies; confidentiality obligations for all personnel with access to personal data; and regular data protection training for relevant staff.

9.8. The Operator may engage sub-processors to assist in the delivery of Services. The Operator shall impose data protection obligations on each sub-processor that are no less protective than those applicable to the Operator under this Agreement and under Applicable Data Protection Law. The current list of sub-processors with a significant data processing role is set out in Annex 3 of the Data Processing Agreement available at https://alexhost.com/dpa/ and will be updated in advance of any new engagement. Where Services involve the storage or processing of personal data on infrastructure located outside the Republic of Moldova and outside countries providing an adequate level of protection, the Operator shall ensure an appropriate transfer mechanism is in place, including Standard Contractual Clauses adopted under Commission Implementing Decision (EU) 2021/914 accompanied by a Transfer Impact Assessment where applicable to transfers to the United States of America or other third countries.

9.9. In the event of a Personal Data Breach affecting Subscriber Personal Data, the Operator shall notify the Subscriber without undue delay and no later than 72 hours after becoming aware of the breach. The notification shall include, to the extent available at the time: a description of the nature of the breach; the approximate categories and number of data subjects and data records concerned; the contact details of the Operator’s point of contact for data protection matters (gdpr@alexhost.com); the likely consequences of the breach; and the measures taken or proposed to address the breach and to mitigate its possible adverse effects. Where the Subscriber is acting as Controller of Hosted Data and a breach affecting Hosted Data occurs, the Operator, acting as Processor, shall notify the Subscriber as Controller without undue delay and no later than 72 (seventy-two) hours from becoming aware of the breach, so as to enable the Subscriber to fulfil its own notification obligations under applicable law. Breach notifications shall be sent to the e-mail address registered in the Control Panel, and the Subscriber is responsible for maintaining an accurate and actively monitored e-mail address.

9.10. Where the Subscriber uses the Services to store or otherwise process Hosted Data, the Subscriber acts as Controller and the Operator acts as Processor in respect of that Hosted Data within the meaning of Art. 28 GDPR and the equivalent provisions of Law no. 195/2024. In such cases, the Subscriber is required to enter into the Data Processing Agreement with the Operator, available at https://alexhost.com/dpa/, which incorporates Standard Contractual Clauses (Module 2: Controller to Processor) where transfers of personal data outside the European Economic Area are involved. Where a Subscriber continues to process Hosted Data through the Services without having executed a separate Data Processing Agreement, the Subscriber is deemed to accept the terms of the Operator’s standard Data Processing Agreement as published on the Operator’s website. The Subscriber remains solely responsible for: ensuring a valid lawful basis for the processing of Hosted Data; providing all required privacy notices to end-users and data subjects; responding to data subject rights requests made by end-users; and complying with all obligations applicable to it as Controller under Applicable Data Protection Law.

9.11. The Operator’s website and the Control Panel use cookies and similar tracking technologies. Strictly necessary cookies required for authentication and security are placed without the need for prior consent. Analytics, performance, and marketing cookies are placed only where the Subscriber or visitor has given prior consent, which may be withdrawn at any time. Full details of cookies in use, their purpose, duration, and how consent can be managed are set out in the Cookie Policy published on the Operator’s website.

9.12. The Operator may update this Section 9 to reflect changes in Applicable Data Protection Law, in the Operator’s processing activities, or in operational practices. Material changes to this Section shall be notified to Subscribers at least 15 (fifteen) calendar days in advance via the WWW-Server and by e-mail to the Subscriber’s registered address. Continued use of the Services after the effective date of any such changes shall constitute acceptance.

10. OTHER CONDITIONS

10.1. By the present Agreement, the parties have determined that the actions of the Subscriber (or his representative) undertaken in the Control Panel amend accordingly the rights and obligations of the parties and the conditions set out in this Agreement.

Until the Subscriber submits information regarding the change of his representative entitled to take actions in the Control Panel, the person empowered shall be deemed to be the corresponding representative of the Subscriber.

The written information in the Control Panel, authenticated by the Operator, constitutes proof of the amendment of the Agreement’s conditions.

10.2. The Operator has the right to disclose information about the Subscriber only within the limits provided by the legislation of the Republic of Moldova and this Agreement.

10.3. In case of a complaint regarding the content of the Subscriber’s information resource, the Operator hereby expresses his consent to disclose to a third party the Subscriber’s personal information (name and address of residence), as well as contact information, for the purpose of resolving the dispute between the Subscriber and the third party.

10.4. This Agreement constitutes a public contract based on the Civil Code of the Republic of Moldova. The terms and conditions of a public contract are the same for all Subscribers, except for cases where the legislation and other normative acts of the Republic of Moldova provide benefits for certain categories of subscribers.

10.5. The Subscriber may not assign his rights and obligations under this Agreement without the prior written consent of the Operator.

11. CONCLUSION OF THE AGREEMENT. AGREEMENT VALIDITY. AMENDMENT AND TERMINATION OF THE AGREEMENT

11.1. This Agreement shall enter into force on the date of its conclusion.

In accordance with the provisions of the Civil Code of the Republic of Moldova, the provisions of this Agreement shall apply to the relationship between the parties from the date of registration of the Subscriber in the evidence system on the Operator’s WWW-server in accordance with the Rules of registration in the Operator’s evidence system.

11.2. The validity of the Agreement shall be automatically extended for the following calendar year if neither party expresses in writing its intention to terminate the Agreement at least thirty (30) calendar days before the end of the calendar year.

However, the Operator has the right to send such request in electronic form via email to the Subscriber’s address indicated on the Control Panel.

11.3. The automatic renewal of the Agreement may be performed an unlimited number of times.

11.4. The Operator shall be entitled to amend unilaterally this Agreement and its annexes.

The Operator shall notify the Subscriber of the amendments made by posting a notice regarding such amendments, the amendments themselves and/or new documents on the Operator’s WWW-server and/or in the Subscriber’s zones and/or by sending an email to the Subscriber’s address indicated on the Control Panel and/or by phone/fax and/or by SMS messages according to the details specified on the Control Panel of the Subscriber.

The Operator shall inform the Subscriber about the amendments at least ten (10) calendar days prior to the date of entry into force of the amendments concerned.

11.5. If the Subscriber does not agree with the amendments, he shall be entitled to terminate this Agreement immediately by notifying the Operator in writing.

In the absence of a written notification regarding termination of the Agreement sent to the Operator, or the Subscriber’s request to move to another tariff and/or tariff plan for specified reasons sent via the Control Panel within ten (10) calendar days from the date the amendments enter into force, the amendments shall be deemed accepted by the Subscriber.

11.6. The Subscriber has the right to terminate this Agreement and refuse the Operator’s Services at any time, unilaterally, provided that he reimburses the actual costs incurred by the Operator up to the date of termination.

11.7. In the event of early termination of the Agreement, the Subscriber shall be refunded, upon written request, the unused funds, except for cases provided for in this Agreement and its annexes.

In this case, the reimbursement shall be made only by bank transfer. No transfer of funds shall be allowed, at the request of the Subscriber, by a third person.

11.8. At the written request of the Subscriber, the Operator is obliged, without terminating the Agreement, to suspend the provision of Services to the Subscriber.

In this case, the Subscriber shall be charged for the entire period specified in the request, in accordance with the rates established for such situations.

11.9. The present Agreement shall be automatically terminated or terminated unilaterally by the Operator in the following cases:

11.9.1. The present Agreement shall automatically terminate for Subscribers who are natural persons or legal entities that are non-residents of the Republic of Moldova, if a total cumulative payment for Services and/or Products amounting to 50,000 USD (or the equivalent amount in MDL at the exchange rate of the National Bank of Moldova on the date of registration of the Subscriber in the Operator’s evidence system) is established, in the absence of a transaction passport established by the Operator pursuant to this Agreement, in accordance with the currency legislation of the Republic of Moldova.

At the time of establishment by the Operator of the transaction passport pursuant to this Agreement, the Parties shall determine the validity period of the Agreement as ten (10) years.

If the Subscriber has not ceased using the Services and/or Products of the Operator upon automatic termination of the Agreement for the reasons mentioned above, the Operator shall consider that the other party has expressed its agreement regarding the conclusion of a new Agreement for a new term.

11.9.2. In case of systematic (three or more times) violation by the Subscriber of the terms of this Agreement and/or its annexes, the Operator has the right to immediately terminate this Agreement without providing the Subscriber with any compensation.

The balance of funds in the personal account of the Subscriber shall be considered as a pecuniary penalty.

Termination of the Agreement for the reasons specified above shall be carried out unilaterally by the Operator through a notification sent to the Subscriber’s e-mail address indicated in the Control Panel.

11.9.3. If suspension of the provision of Services to the Subscriber and/or deactivation of the Subscriber’s hardware and/or software and/or blocking of resources (web pages, websites) and/or Subscriber’s registration data (login and password) and/or other Subscriber information and data has been carried out by the Operator due to the Subscriber’s breach of the provisions of the Agreement or annexes thereto and continues for a period exceeding six (6) consecutive months from the date of receipt of the notification by the Subscriber via email, the Operator has the right to terminate the Agreement without providing the Subscriber with any compensation.

The balance of funds in the personal account of the Subscriber shall be considered as a pecuniary penalty.

Termination of the Agreement for the reasons specified above shall be carried out unilaterally by the Operator through a notification sent to the Subscriber’s e-mail address indicated in the Control Panel.

11.10. The present Agreement shall be terminated by the parties in the event of a unilateral refusal by the Subscriber to comply with the provisions of the Agreement.

The following actions or omissions of the Subscriber shall be considered as unilateral refusal to execute the Agreement:

11.10.1. The Subscriber does not replenish his personal account (payment under the Agreement) within fourteen (14) calendar days from the date of formation of a zero or negative balance in his personal account and does not notify the Operator regarding the payment terms.

During these fourteen (14) calendar days from the date of formation of the zero or negative balance in the Subscriber’s personal account, his resources (site, web page) and other Subscriber information and data shall be maintained.

At the end of this period, except where the tariff and/or tariff plan provides another term, the resource (site, web page), and all Subscriber information and data shall be deleted.

In this case, the last seven (7) calendar days of this period shall constitute a backup period, and the Operator shall not be responsible for premature deletion of Subscriber information.

11.10.2. While using the services of “Dedicated Equipment Provision” and/or “Equipment Collocation”, if the Subscriber does not replenish his personal account (payment under the Agreement) within seven (7) calendar days from the date of formation of a zero or negative balance in his personal account and does not notify the Operator regarding the payment terms, the following shall apply:

During these seven (7) calendar days from the date of formation of the zero or negative balance in the Subscriber’s personal account, his resources (site, web page) and other Subscriber information and data shall be maintained.

At the end of this period, except where the tariff and/or tariff plan provides another term, the resource (site, web page) and all Subscriber information and data shall be deleted (except for the Subscriber’s own equipment), and/or the equipment shall be deactivated and dismantled.

In this case, the last two (2) calendar days of this period shall constitute a backup period, and the Operator shall not be responsible for premature deletion of Subscriber information.

11.11. The Operator has the right to terminate this Agreement unilaterally in other cases provided for in this Agreement and its annexes, as well as by the legislation of the Republic of Moldova.

11.12. The present Agreement may be terminated at any time by mutual agreement of the parties.

12. DETAILS AND SIGNATURES OF THE PARTIES

Operator

“Alexhost” S.R.L.

By: _____________ (Signature)

Name: _____________

Title: _____________

Date: _____________

Subscriber

_______

By: _____________ (Signature)

Name: _____________

Title: _____________

Date: _____________

This Agreement is governed by the legislation of the Republic of Moldova. Where mandatory provisions of GDPR apply to the Subscriber’s processing activities or to the processing of the Subscriber’s personal data, those provisions shall apply in parallel and shall prevail over any conflicting provision of this Agreement on data protection matters.

Version 2.0 — August 2026 | ALEXHOST SRL | alexhost.com

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