Terms of service

TOS - Terms of Service, Introductory Provisions

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These terms of use of the services of Binary Pawn, vl. Domagoj Poljaković (hereinafter referred to as: Terms of Use) govern the relations between Binary Pawn, with headquarters in Slavonski Brod, Čaplja IV/18, registered in the court register of the Commercial Court in Slavonski Brod in the registry insert with registration subject number (MBO) 98599763, as a service provider that, within its scope of business, provides the trade for computer activities Binary Pawn, and which services are published on the website www.binarypawn.com and known/presented through the "Binary Pawn" brand, and the Service User, as defined by the further provisions of these Terms of Use.

Establishing a contractual relationship

BinaryPawn provides Services based on the Agreement concluded between Binary Pawn and the User of the Service, of which these Terms are an integral part. By entering into an Agreement with the Provider, the User also unequivocally confirms that he has read the content of these Terms of Use, and that he accepts them in their entirety as binding.

The contract is concluded between Binary Pawn (the Service Provider) and the Owner of the Service, that is, the person who owns the e-mail address from which the service was ordered. The User can place an order through the Server's website, in writing or verbally.

Upon receipt of the order, the Provider will issue an offer to the User for the ordered Services, which will begin production upon receipt of payment. The Provider's services are paid in advance (advance) 25%, and the rest at the end of the project. Advance payment is a prerequisite for providing the Service. The payment will be considered completed at the moment when funds in the amount of 25% (1/4) are deposited in the giro account of the Provider. The payment will be considered incomplete until the funds are deposited into the Provider's giro account, regardless of the payment method used, or if 25% of the amount per the issued offer, invoice or proforma invoice is not deposited into the Provider's giro account.

Available payment methods are: payment to bank account, paypal and cryptocurrencies.

Use of Services

The account is used only by the customer or company that purchased the service. The account holder may not provide data to any third party. If so, Binary Pawn is not responsible for the resulting damage. It is recommended that service information be with the owner only!

Any insult to the support staff or indecent (unkind) behavior may result in the permanent suspension of all services without the possibility of a refund.

The User agrees that the Services will be used exclusively for lawful purposes. The laws of the Republic of Croatia apply to this Agreement and the use of Binary Pawn Services.

Use is prohibited

• Illegal materials copyrighted works, commercial audio, video, or music files, as well as any other material that is in violation of the law.
• Material for adult audiences any form of pornography, erotic photos or other inappropriate content. The definition of such content is left to the discretion of the Provider.
• Pirate software, malware, phreaking, hacking, brutus force, DDoS controlers, penetration testing software.
• Violence against people, animals or property, promotion of illegal activities, illegal, threatening, disturbing speech, incitement to terrorism. The definition of such content is left to the discretion of the Provider

The user bears full responsibility for the legality, content, quality and truthfulness of information, applications, data, images, audio and video recordings as well as all other materials offered and made available via the web, e-mail or other internet services.

The provider reserves the right to delete the same content from the server without prior notice, and to temporarily suspend or disable the owner of the account on which the server is located, regardless of the duration of the lease.

Rights and obligations of Users and Providers

The user is responsible for providing an email address that is not part of the Service or that does not depend on the Service, in order to maintain the possibility of two-way communication. If there is a need for contact, the e-mail address provided will be used for this purpose.

It is the User's responsibility to ensure that their contact information is current and updated at any time when using the Service. The Provider is not responsible for inactivity of the Service due to outdated contact information or due to e-mail filters on the User's side that prevented the User from receiving notifications. The user can change the contact e-mail at any time through technical support or the panel.

Before the expiration of the Service, the Provider will send the User notifications about the expiration of the Service and offers to extend the Service by e-mail. Service expiration notices are sent several times prior to expiration, depending on the type of Service. Offers to extend Services with a time expiration apply to the period from the Service expiration date to the end of the next billing period. The billing period of the Service with a timeout is specified when ordering. The User may request a change in the billing period for Expired Services by sending a written request to the Provider.

The User is obliged to pay the offer for the extension of the Service in a timely manner, before the expiration date of the Service, if the Service is not canceled in time. In case of untimely payment of the Service Extension Offer, the Provider will stop providing the Service without notifying the User. If the User suffers loss and damage due to late payment beyond the service expiration date, the Provider will not bear the costs or be responsible for the User's loss and damage.

The user undertakes to take appropriate technical, personnel and organizational protection measures against unauthorized disclosure and use of access data, such as username and password, which he received from the Service Provider.

The user is obliged to keep all user data confidential and accessible only to those persons who must know such data, and to ensure that these persons are aware of the confidential nature of such data. The user will comply with the authorization and security procedures related to the use of the Services.

Liability for data loss

The provider is not responsible for damage to the server files if they were created by the user, after reporting the problem, it will be removed as soon as possible. In addition to the regular backups that we regularly carry out, we recommend the User to do them as well.

The provider will not be held responsible in cases of: hardware or software failure of the hosting, network outages from third parties, force majeure or incorrect use of the leased service by the user.

Notice on how to submit a consumer complaint

Pursuant to Art. 10 of the Law on Consumer Protection of the Republic of Croatia (NN br. 79/07, 125/07 -isp., 79/09, 89/09 -isp.) Users who are consumers can submit complaints about the quality of the Provider's services in writing:

• To the e-mail address: complaint@binarypawn.com

The Provider will give the response to the received complaint in writing to the User at his address, within 15 days of receiving the complaint.

The User and the Provider declare that they will try to resolve all disputes peacefully and without engaging institutions. In the event of a dispute, the Commercial Court in Slavonski Brod or the Municipal Court in Slavonski Brod is competent, depending on the nature of the dispute.

Amendments to these terms and conditions

These general terms and conditions enter into force and begin to apply to all users of the services on the day of publication on the website of the Provider. Binary Pawn reserves the right to modify these Terms. The Provider will publish all changes to these Terms and Conditions on its official website in accordance with applicable regulations.