Last updated: 12.09.2024, 1:45 PM
General
Polar55
Godthåbsvej 27
8660 Skanderborg
Denmark
Polar55 is part of nordicway ApS
VAT: DK40745769
Customers must meet and commit to the following:
– Be 18 years or older or have approval from a legal guardian.
– Keep updated contact information so Polar55 can reach you via mail, email, and phone. This can be done through your control panel.
– Ensure the best possible security for your web hosting and control panel access.
– Polar55 reserves the right to make changes to the terms and conditions without prior notice. New terms and conditions also apply to existing customers and subscribers.
Payment
A web hosting service is ordered for a whole year at a time, both for new orders and renewals. Money will not be refunded for registration errors or in case of termination before the period ends. You will be reminded via email shortly before the expiration date. If a domain is not paid or renewed on time, it will be automatically terminated, and data on the web hosting will be lost. Polar55 can adjust prices up or down at any time without affecting an ongoing period. The changed prices will only apply from the next renewal date.
If you purchase a domain through Polar55.com as a business, it is important to provide your CVR number wherever possible. Failure to do so may result in a failed order. Polar55 cannot be held responsible for such errors if they occur due to the customer not providing the CVR number as instructed.
Introductory discounts provided when setting up a web hosting service with Polar55 are valid only for new customers. Existing customers are not eligible for introductory discounts, for example, when purchasing additional web hosting services.
Upgrades and Downgrades
If you wish to upgrade, you will pay for the remaining period of the ongoing subscription. Afterward, the web hosting will be renewed at the new full price at the renewal date.
In the case of a downgrade, your credit balance will be registered in your account. This credit will be used for renewing new products before making a payment with your credit card. The credit on your account cannot be refunded.
Termination
Customers can terminate their web hosting service at any time, either immediately or at the end of the period. Polar55 can terminate the customer’s service with one month’s notice. If the general terms and conditions are not met, Polar55 can terminate the customer immediately. In such cases, you will receive a written explanation for the termination. Polar55 reserves the right to assess whether a breach of the terms and conditions has occurred at any time.
If you wish to terminate, it can be done through Polar55’s control panel, which is the preferred method. By doing so, you confirm ownership of the account being terminated. If renewal of a product occurs without following these conditions, payments will not be refunded. If you no longer have access to your control panel, you can request a new password. If you no longer have access to the email associated with the account, termination can only be done in writing, accompanied by valid public documentation such as a driver’s license, national health insurance card, passport, or similar. The information in the documentation must match the details provided on the account.
If you still have access to the email associated with the account, we also accept terminations sent via email. However, in this case, we will send a confirmation of the termination back to you, which will only be final when you respond to it. This is necessary to ensure that you are the owner of both the account and the email.
Web hosting services and domains will automatically be renewed unless a termination is submitted to Polar55.
Domains
As a customer, you are responsible for ensuring that the ordered domain does not infringe on any third-party rights. Polar55 cannot be held responsible for any claims made by third parties. Additionally, buyers must ensure compliance with Danish legislation. Domains are registered in the customer’s name. Polar55 acts as an intermediary between the customer and the registrar. Similar to web hosting, there will be no refund for registration errors.
Usage
Our web hosting services are intended solely for file storage for websites. Any other form of data storage is not allowed. Our web hosting services cannot be used for file sharing, such as mp3 files, videos, movies, etc. Large file archives on the web hosting without relevance to your website are not allowed. The use of scripts is allowed as long as it does not unnecessarily burden the server. Polar55 reserves the right to shut down a website if there is suspicion of a violation of these terms.
Sending mass emails from the server is not allowed. It cannot be used for sending newsletters or similar. Only 150 emails can be sent per hour.
Websites containing graphic sexual material are not allowed. Erotic material in the form of text is permitted. Polar55 will make a subjective assessment of whether a website violates this provision. We reserve the right to shut down a website if there is suspicion of a violation of these terms.
Add-On Products from Third Parties
Polar55 offers its customers the option to purchase certain services from third parties. Customers of Polar55 are bound by the terms and conditions of such third parties and should familiarize themselves with their terms and conditions.
Polar55 may cease to offer third-party products and services or any updates thereto without notice and without liability to its customers.
Current add-on products from third parties include Marketgoo SEO.
Polar55 acts as an intermediary and is not responsible for the delivered product. Since add-on products are purchased from third parties and delivered/activated immediately to the customer, there is no right of withdrawal or refund for the prepaid period.
However, customers can terminate the subscription at any time in the web hosting control panel.
If the customer terminates the web hosting subscription associated with the add-on product, the subscription for the add-on product will automatically be terminated on the same expiration date.
Reservations
Polar55 is not responsible for financial or personal losses due to operational disruptions. At no time can Polar55 be held liable for loss of earnings, loss of expected sales, or expenses related to the restoration of lost data, loss of goodwill, or similar. This applies under all circumstances and does not deviate even if Polar55 is notified of any problems. Polar55’s support, in collaboration with our suppliers, makes the necessary efforts to resolve any operational issues as quickly as possible. If Polar55 has been negligent in any respect, we cannot be held liable for the aforementioned losses. Furthermore, in the event of force majeure, Polar55 cannot be held responsible for the aforementioned losses. This could occur in the form of natural disasters, legal changes, terrorism, fire, vandalism, sabotage, boycotts, and similar events.
Applicable Danish and international legislation must always be complied with in connection with your web hosting and website. In the event of any misuse, it is the customer, and not Polar55, who is held responsible.
Polar55 also reserves the right to remove or edit files in the customer’s account if they have a negative impact on the server’s stability. This is to ensure a stable server for all customers on the same server. If possible, we will notify you of a given problem so that you have the opportunity to rectify the issue. When files/content on your server are modified, you will be notified via email.
Polar55 also reserves the right to set up global mail filters on the customer’s account if we see that the customer persistently marks emails from a particular sender as spam.
Polar55 trades with individuals in all countries worldwide and companies registered in Denmark. As a foreign company, you cannot trade with Polar55. However, you can register as an individual on behalf of a foreign company if you wish to use our services.
Unlimited Traffic
Our web hosting service is provided with unlimited traffic by default, but Polar55 reserves the right, at any time and without notice, to limit the customer’s traffic or temporarily close the website. This applies if the customer uses more than what can be considered reasonable for the operation of a website.
Polar55 can introduce charges for traffic with one month’s notice.
Servers
In order to offer the latest and best solutions, it will be necessary to interrupt operations at times to perform updates on our servers. This will result in temporary outages of the customer’s website. We strive to perform these updates as quickly as possible. Polar55 is not obliged to notify customers of updates.
Our servers are located in Germany.
Payment Terms
Prices on Polar55.com are stated in EUR (Euro) unless otherwise indicated. Our products can only be ordered and paid for online through our payment gateway from Stripe. Payments can be made with Visa and MasterCard.
The money is automatically debited immediately after the payment is made on the website. Likewise, your subscription is automatically charged for the selected payment period. No fees are added to your payment by Polar55.
If you have received a new payment card, you must ensure that your payment details are updated in our control panel. If the payment cannot be completed, your domain or web hosting may be suspended. As a customer, you are always responsible for keeping your information up to date. The customer receives an email reminder when an automatic renewal has taken place; the payment receipt can be found in the customer’s control panel.
Automatic renewal is based on the applicable price list. Prices are adjusted periodically in line with changes in operating costs. Prices may be adjusted at the next renewal of a subscription.
Termination Conditions
All orders are invoiced in advance for periods of 12 months. Terminations of these occur automatically if the paid period is not extended by the customer. Extensions of periods can be made through the customer’s control panel at any time, provided the web hosting has not been deleted. Products, services, and domain names are customized for the customer, and therefore, the general right of withdrawal does not apply. See the Danish Consumer Agreement Act §18, para. 2, no. 3. A termination can therefore only take effect upon the expiration of the customer’s subscription.
Restoration of Web Hosting
If you need to have your files, databases, etc. delivered after the expiration of your web hosting with Polar55, we charge an administrative fee of EUR 100 excluding VAT. Data will only be delivered after we have received your payment.
Resale
If an order is placed for the purpose of resale, it is required that the end customer is informed of Polar55’s role as a supplier. We also recommend that the customer relationship is established between the end customer and Polar55.
It is not allowed for a customer to resell our hosting product under their own name if this results in the customer engaging in a competitive business. In other words, you may not act as a hosting company with our product.
Terms and Data Processing Agreements from 3rd-Party Suppliers
The following are terms from various 3rd-party suppliers, such as domain providers.
Hexonet data processing agreement
Hetzner DPA
From Software
NSEC Solutions
Stripe DPA
Processing of Personal Data
The customer is responsible for complying with legal requirements for the processing of personal data, including:
Ensuring that the customer can lawfully process personal data in the applications/databases that use/belong to the Products.
Obtaining third-party consent for processing if required.
Responding to requests for insight/disclosure of personal data within the deadlines set by legislation.
Ensuring that personal data is maintained and, if necessary, deleted.
The customer is aware of and accepts that Polar55’s assistance in fulfilling the customer’s obligations is chargeable consultancy services.
Data Processing Agreement
As part of delivering the Products to the customer, Polar55 processes personal data in accordance with Regulation 2016/679 (“the Regulation”). Therefore, the following data processing agreement has been agreed:
Polar55 performs the following processing for the customer: Storage, transmission, copying, including to and from backups, display, and modification (in connection with backup).
Both parties must continually implement appropriate technical and organizational measures that meet the requirements of the Regulation to ensure the protection of data subjects’ rights.
Polar55 must comply with the requirements of Article 28 of the Regulation, including providing the customer with the assistance stated in Article 28 without charging hourly rates and providing the customer with information and necessary documentation so
the customer can monitor Polar55’s compliance with the requirements of Article 28, including allowing for and contributing to audits and revisions.
Polar55 is entitled, at its own cost and risk, to use subcontractors who also process the customer’s personal data. However, if Polar55 intends to change a subcontractor or use a new subcontractor, Polar55 must inform the customer in writing at least 30 days before the intended change, allowing the customer to object to the proposed change.
Polar55 ensures that all subcontractors meet the requirements of Article 28 of the Regulation and the obligations in this section. Polar55 may not transfer the customer’s personal data to countries outside the EU/EEA without the customer’s prior written consent.
All processing of the customer’s personal data is carried out according to the customer’s documented instructions. The documented instructions consist partly of the parties’ agreement basis, so that the processing necessary for Polar55 to fulfill agreements concluded with the customer can be carried out, and partly of the specific instructions that the customer may give to Polar55. At a minimum, Polar55 is always entitled to carry out the following processing:
Storage, transmission, copying, including to and from backups, and display.
If the customer does not instruct Polar55 otherwise, Polar55 is entitled and obliged to delete the customer’s personal data no later than three months after the business relationship between the parties has finally ceased.
Since this is a self-service solution, the customer accepts that Polar55 is not aware of which categories of data subjects Polar55 processes information about. Polar55 has assumed that Polar55 only processes personal data for customers and users and not other types of data subjects.
The customer accepts that the customer may NOT use the Products for the processing, including storage, of personal data covered by Article 9 of the Regulation (special categories of personal data, such as health information, biometric data, etc.) as the Products are not designed for this purpose. Thus, it is solely the customer’s responsibility if the customer uses the Products in violation of these terms and conditions.
If there are changes in the categories of personal data or categories of data subjects that Polar55 processes for the customer, the customer must immediately notify Polar55 thereof.
Read more about the data processing agreement here.
Data Retrieval
The customer can use Polar55’s self-service solution to extract data from their applications/databases.
Polar55’s assistance with data extraction is billed as consultancy services.
Data backup
Backup is stored for 14 days at a remote location in an EU country. A daily snapshot is taken and stored individually for 14 days. Furthermore, the backups are mirrored to a third location in another EU country, where the backup is stored for 3 months. These two remote locations are separately isolated, meaning there is no connection between location A and B, which helps ensure your data is protected against attacks.
General Warranty from Polar55
Polar55 guarantees that all Polar55’s services are and will be performed in accordance with good IT practice.
Other relevant documents
Procedure for data breach
Data diagram – What information do we collect, and who is it shared with?
Support
We provide support via email. There is no telephone support available. Below are some general rules for what support includes and to what extent.
– Problems with domains
– Problems with web hosting
– We provide limited support for DNS setup
– We provide support for FileZilla FTP but in limited scope for other FTP clients
– We provide support for email setup
– We provide support for navigation in the control panel and cPanel
– We answer questions about our services and invoices
– We do not provide support for web solutions and website setup