Hosting and Cloud Services Terms of Service

1. Provider information

Service provider: SIA Coma Cloud
Registration number: 42403046764
VAT number: LV42403046764
Legal address: Ganību iela 59, Jelgava, LV-3007, Latvia
Contact: [email protected]

2. Definitions

• Customer – any natural person or legal entity purchasing or using the Services.
• Consumer – a natural person acting outside their trade, business, or profession.
• Services – hosting, cloud servers, storage, backups (if purchased), networking, and related services.
• Agreement – these Terms together with any order, service description, SLA, DPA, and referenced policies.
• Customer Content – any data, files, software, or information stored, processed, or transmitted by the Customer.

3. Contract formation and scope

The Agreement is formed when Coma Cloud confirms an order, activates the Services, or the Customer begins using the Services. Service characteristics are described on the website or in a quotation/order confirmation.

Unless expressly agreed in writing, Coma Cloud provides infrastructure services and does not manage Customer applications, code, or content.

4. Accounts and credentials

The Customer is responsible for maintaining secure credentials and for all actions performed under their account. The Customer must provide accurate and up-to-date contact and billing information.

5. Consumer right of withdrawal

If the Customer is a Consumer, they may withdraw from the Agreement within 14 calendar days from conclusion of the Agreement, unless an exception applies.

If the Consumer expressly requests immediate activation and acknowledges that the right of withdrawal may be lost once the service is fully performed, Coma Cloud may begin performance immediately. If the Consumer withdraws after partial performance, Coma Cloud may charge a proportionate amount for Services provided.

6. Fees, billing, and payment

Prices are shown excluding VAT unless stated otherwise. Payment terms are indicated on the invoice or order confirmation. Non-payment may result in suspension and, after notice, termination.

Coma Cloud may change prices for renewals and recurring services with advance notice. New prices apply from the next billing cycle after notice.

7. Service delivery, changes, and maintenance

Coma Cloud may perform maintenance that may affect availability. Where reasonably possible, planned maintenance will be announced in advance. Emergency maintenance may be performed without prior notice.

8. Customer obligations

• Use the Services in compliance with applicable law and the Acceptable Use Policy.
• Maintain secure configurations, patch Customer software, and protect credentials.
• Maintain backups unless a backup service is explicitly included and purchased.
• Ensure Customer Content does not infringe third-party rights.

9. Acceptable Use Policy

The Customer must comply with the Acceptable Use Policy (AUP). Serious violations may result in immediate suspension to protect systems, networks, and third parties.

10. Data protection

If Coma Cloud processes personal data on behalf of the Customer, the Data Processing Agreement (DPA) applies. The Customer is typically the data controller and Coma Cloud is the data processor, unless agreed otherwise in writing.

11. Suspension and termination

Coma Cloud may suspend Services if required by law, to address security risks, or in case of breach of the Agreement. Where feasible, Coma Cloud will provide notice and an opportunity to remedy, except for urgent security or legal situations.

Either party may terminate recurring Services according to the cancellation terms in the order or service description.

12. Customer Content, notices, and takedown

Coma Cloud does not proactively monitor Customer Content. If Coma Cloud receives a credible notice of illegal content or infringement, Coma Cloud may request the Customer to remedy, restrict access, or remove content as required by law and operational risk.

13. Liability

For Consumers, statutory rights apply and nothing in these Terms limits mandatory consumer protections.

For business Customers, Coma Cloud’s total liability for direct damages is limited to the fees paid for the affected Service during the 12 months preceding the event giving rise to liability. Coma Cloud is not liable for indirect or consequential losses, including loss of profit, revenue, or data, except where prohibited by law.

14. Force majeure

Neither party is liable for failure to perform due to events beyond reasonable control, including outages of upstream providers, natural disasters, war, or governmental actions.

15. Changes to these Terms

Coma Cloud may amend these Terms with reasonable advance notice. Continued use of the Services after the effective date constitutes acceptance. If the Customer does not agree, they may stop using and cancel the Services before the effective date.

16. Governing law and jurisdiction

The Agreement is governed by the laws of the Republic of Latvia. Disputes are subject to the jurisdiction of the courts of Latvia. Consumers may also have rights to bring claims in their place of residence as required by mandatory law.

17. Contact

Legal notices and support requests should be sent to: [email protected]