Terms of Service

1. Definitions

The following terms used in these Terms of Service have the following meanings:

„Services"

– all services provided by SkySysNet to the Client, in particular IT administration, technical support, monitoring, automation and consulting services, as specified in the Agreement.

„Agreement"

– an individual service agreement concluded between SkySysNet and the Client, specifying the detailed scope, terms and price of the Services.

„Client"

– a business entity as defined by Art. 43¹ of the Polish Civil Code, who has concluded an Agreement with SkySysNet.

„Incident"

– an unplanned event or disruption causing an interruption or degradation in the quality of Services.

„Outage"

– a critical Incident causing complete unavailability of Services or key system functions.

„Availability"

– the percentage of time during which Services are fully functional and available to the Client, measured on a monthly basis.

„Scheduled Maintenance"

– a planned shutdown or limitation of Services in advance for maintenance, updates or servicing purposes.

„Business Day"

– any day from Monday to Friday, excluding public holidays in Poland.

„Response Time"

– the maximum time from Incident reporting to SkySysNet taking the first diagnostic or corrective actions.

„Resolution Time"

– the maximum time from Incident reporting to restoring full functionality of Services or implementing a temporary solution.

„Client Infrastructure"

– hardware, software, networks and systems owned or controlled by the Client.

„Access Credentials"

– passwords, keys, tokens, certificates and other credentials enabling access to systems.

2. Agreement to Terms

By accessing or using the services provided by SkySysNet ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our services.

These Terms of Service are general and framework in nature. In case of conflict between the Terms and the provisions of the Agreement, the provisions of the Agreement shall prevail.

3. Services

SkySysNet provides IT infrastructure, support, and automation services to businesses. Our services may include:

• Network infrastructure design and implementation
• System administration and maintenance
• Cloud migration and management
• IT security consulting and implementation
• 24/7 monitoring and technical support
• Automation and process optimization

Specific services, scope, and terms will be defined in individual service agreements.

4. Service Level Agreement (SLA)

SkySysNet commits to delivering services according to defined service level parameters (SLA). SLA parameters apply exclusively to Services covered by an active Agreement and only to Incidents attributable to SkySysNet.

Availability Guarantee

For services covered by the agreement, we guarantee minimum 99.9% availability on a monthly basis, excluding planned maintenance windows, for which clients will be notified at least 48 hours in advance.

Availability is calculated as the ratio of time during which Services are functioning correctly to total time in a given calendar month, excluding scheduled maintenance and events excluded from SLA according to these Terms.

Incident Classification and Response Times

Response and resolution times are counted only during Business Days (Mon-Fri, 8:00 AM-6:00 PM), unless the Agreement provides for 24/7 support.

SLA Exclusions

SLA parameters do not apply in the following cases:

• Scheduled maintenance with prior notification (min. 48h)
• Force majeure events in accordance with §17 of these Terms
• Failures of Client Infrastructure or systems/software provided by the Client
• Issues arising from Client actions, negligence or configuration errors
• Incidents caused by changes made without SkySysNet's consent or knowledge
• Failures of external provider services or infrastructure (e.g., ISP, public cloud)
• Client-side internet connectivity issues
• Cyber attacks targeted directly at Client infrastructure

5. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for service delivery
• Grant appropriate access to systems and data required for service provision
• Respond promptly to requests for information or approvals (maximum 48 hours)
• Maintain current backups of critical data before work begins
• Comply with all applicable laws regarding data processing
• Pay for services according to agreed terms and deadlines
• Inform about planned infrastructure changes with appropriate advance notice

6. Backup and Business Continuity

As part of our services, we provide support for backup creation and management:

• Backup frequency is defined in individual agreements (default: daily)
• Backups are stored in secure locations following best practices
• Regular recovery tests to verify backup integrity
• Recovery procedures are documented and available to clients
• In case of failure, priority is given to restoring critical system operations

The client remains responsible for verifying that the backup scope covers all business-critical data.

Disclaimer of Liability

Backup services are provided on a best-effort basis. SkySysNet does not guarantee full data recovery in all circumstances. SkySysNet shall not be liable for data loss if the Client has not ordered backup services or has not approved the proposed backup policy in writing. The Client is responsible for the integrity and completeness of source data.

7. Client System Access

To deliver services, we require access to client systems. We commit to the following principles:

• Access is granted according to the principle of least privilege
• All administrator actions are logged and auditable
• Access credentials are stored encrypted
• Upon termination of cooperation, all access credentials are immediately removed or deactivated
• Regular rotation of passwords and access keys according to security policy
• Remote access occurs only through secured channels (VPN, SSH)

Access Credentials Responsibility

• The Client is responsible for secure storage and transfer of Access Credentials to SkySysNet
• The Client agrees not to share Access Credentials with third parties without SkySysNet's written consent
• In case of suspected compromise of Access Credentials, the Client must immediately notify SkySysNet
• SkySysNet shall not be liable for incidents resulting from the Client sharing Access Credentials with unauthorized persons
• Upon termination of cooperation, the Client is obligated to change all shared Access Credentials

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our business relationship. This includes technical specifications, business strategies, client data, and any information marked as confidential. The confidentiality obligation continues after the termination of cooperation.

9. Data Protection (GDPR)

SkySysNet processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR). When processing personal data on behalf of a client, the parties will enter into a separate Data Processing Agreement (DPA). Detailed information about personal data processing can be found in our Privacy Policy.

Please review our full Privacy Policy

10. Intellectual Property

Unless otherwise specified in the agreement, all intellectual property rights in materials, tools, methodologies, and solutions created by SkySysNet remain the property of SkySysNet. The client receives a license to use the deliverables within the scope defined in the agreement. Solutions created exclusively for the client may be subject to separate arrangements regarding rights transfer.

11. Payment Terms

Payment terms will be specified in individual service agreements. Unless otherwise agreed, invoices are due within 14 days of the issue date. In case of payment delays, we reserve the right to charge statutory interest and suspend services after prior payment reminder.

12. Warranties and Liability

SkySysNet commits to providing services with due diligence, in accordance with IT best practices and industry standards. We guarantee the professionalism and competence of our team. In case of defects in delivered work, we commit to their correction within the warranty period defined in the agreement.

SkySysNet's liability for indirect damages, lost profits, or consequential damages is limited to the amount of fees received for services in the 12 months preceding the event causing the damage. This limitation does not apply to damages caused intentionally or through gross negligence.

SkySysNet's total liability from all claims, regardless of the legal basis (contractual, tortious or other), shall not exceed the limit specified in this paragraph.

13. Complaint Procedure

In case of dissatisfaction with the quality of services provided, the client has the right to file a complaint according to the following procedure:

Submission Method

Complaints should be submitted in writing via:

• Email to: [email protected] (preferred method)
• Ticketing system (if provided under the Agreement)
• Registered mail to SkySysNet's registered address

Procedure

1. The complaint must include: description of the issue, date of occurrence, expected resolution
2. Confirmation of receipt will be sent within 2 Business Days
3. The complaint will be reviewed within 14 Business Days of receipt
4. A written response with a decision justification will be provided

Outcomes of Accepted Complaints

• Free correction of defects or re-performance of the service
• Proportional reduction of fees for the defective part of services
• In justified cases – refund of fees for the defective service

Complaints must be submitted within 30 days of the event forming the basis of the complaint. Complaints submitted after this deadline may be rejected.

14. Technology Changes

In a dynamically changing IT environment, SkySysNet may recommend technological changes to the Client, particularly in case of:

• End of life (EOL) for used systems, software or hardware
• Discovery of critical security vulnerabilities in currently used solutions
• Changes at external vendors affecting service functionality
• Emergence of significantly better technological solutions

If the Client refuses to implement security-related or end-of-life technological changes recommended by SkySysNet, SkySysNet's liability for incidents resulting therefrom is excluded. The Client will be informed of this in writing.

15. Indemnification

The client agrees to indemnify and hold harmless SkySysNet from any third-party claims arising from: violation of applicable laws by the client, provision of false or misleading information by the client, or use of services in a manner inconsistent with the agreement or law.

16. Termination and Handover

Either party may terminate services according to the terms specified in individual service agreements. The standard notice period is 1 month, unless the agreement states otherwise. In case of serious breach of agreement terms, the other party has the right to immediate termination.

Handover procedure upon termination:

• Transfer of complete system and configuration documentation
• Transfer of all data and backups to the designated entity
• Deactivation and removal of all access credentials
• Transition support period (optional, to be agreed)
• Signing of cooperation termination protocol

17. Force Majeure

Neither party shall be liable for failure or delay in performing obligations due to circumstances beyond the party's control, including natural disasters, armed conflicts, strikes, critical infrastructure failures, pandemics, or global-scale cyber attacks. The party affected by force majeure must promptly notify the other party and take actions to minimize the effects of the event.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with Polish law. The parties commit to resolving disputes amicably. In case of no agreement, the parties will consider mediation before bringing the case to court.

The court competent for resolving disputes is the court having jurisdiction over SkySysNet's registered office in Kraków.

19. Changes to Terms

We reserve the right to modify these Terms. Clients will be notified of material changes at least 30 days in advance via website publication or email. Changes take effect 30 days after publication, unless the Client terminates the Agreement before that date. Continued use of services after changes take effect constitutes acceptance of the new version of the Terms.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with legal provisions closest to the parties' intent.

21. Contact Information

If you have any questions about these Terms, please contact us: