Arckipel Cloud Synergistic service terms

This agreement is between Arckipel OÜ, the “Provider”, and the customer subscribing to Arckipel Cloud Synergistic, or “ACS”. ACS is a managed cloud service: Arckipel provisions, monitors and operates the agreed infrastructure across public cloud providers and, where specified, its own servers.

The accepted order form or proposal defines the precise modules, capacity, environments and specific responsibilities. The customer remains responsible for its applications, data and any configuration placed under its control.

Depending on the subscription, ACS may include compute, container orchestration, load balancing, scaling, storage, backup, databases, private networking, DNS, security, mail, queues, serverless functions, API gateway, CDN, AI tooling, monitoring and logging.

Arckipel may evolve technical components to maintain or improve the service. Any material change to scope or price is communicated and handled under the order form.

The initial term is twelve months from the effective date unless the order form says otherwise. It then renews for successive one-year periods. After the initial term, either party may terminate with sixty days’ written notice.

Either party may terminate for a material breach not cured within thirty days of written notice. Arckipel may immediately suspend use that threatens service security or for overdue payment that remains unresolved after notice.

At termination, service access is disabled. The customer has up to ninety days to extract its data unless another period is agreed, after which remaining copies are deleted under applicable procedures.

On request, Arckipel provides reasonable transition assistance. Migration work beyond the included scope may be quoted separately.

Prices and included resources are defined in the order form. ACS may use capacity tiers for predictable costs. A tier increase caused by sustained resource demand is communicated before the corresponding price applies, except for a previously authorised urgent action.

Invoices are payable in euros within the agreed period. Taxes remain the customer’s responsibility. Late interest and costs permitted by law may apply, and service may be suspended after notice.

Arckipel uses commercially reasonable efforts to target 99.5% monthly availability, excluding scheduled maintenance, customer actions, force majeure and third-party failures outside its control. Any service credits and claim procedure are defined in the SLA or order form.

Planned maintenance is announced in advance where possible and scheduled to reduce disruption.

The customer uses ACS lawfully, protects credentials and promptly reports suspected access. It does not access underlying consoles or systems beyond the access expressly granted.

The customer confirms it has the required rights over data and software entrusted to the service. It remains responsible for sector-specific compliance and backups not included in its subscription.

Arckipel applies reasonable technical and organisational measures, including segmentation, access control, patching, monitoring and network protection according to the subscribed scope. No connected system can be guaranteed free of all intrusion or interruption.

ACS relies on third-party providers. Arckipel manages these relationships and seeks reasonable continuity measures during an incident, but cannot guarantee that an external outage will have no impact.

The customer retains ownership of its data, applications and content. Arckipel processes them only to deliver, secure, maintain and improve the service, or where required by law. Usage data used for improvement is aggregated or anonymised where it is not needed for operations.

Each party protects the other’s confidential information with reasonable care. These duties continue for three years after termination, or longer where law or the nature of the information requires it.

Arckipel and its licensors retain rights in ACS, its tools and documentation. The customer retains rights in its software and content. Hosting on ACS transfers no ownership to Arckipel.

Arckipel may use feedback and suggestions to improve the service without creating a payment obligation.

Arckipel performs the service with reasonable care and skill. Beyond express commitments, the service is provided as available and implied warranties are excluded to the extent permitted by law.

To the extent permitted, neither party is liable for indirect or consequential loss. Except for gross negligence, wilful misconduct, data protection violations or confidentiality breaches, each party’s aggregate liability is capped at fees paid to Arckipel in the twelve months before the event giving rise to the claim.

Neither party is liable for delay caused by events reasonably beyond its control, except payment obligations. The affected party gives notice and takes reasonable steps to resume performance.

Estonian law governs the agreement and the courts of Tallinn have jurisdiction, subject to mandatory law. The agreement, order form and attachments form the entire agreement. Changes must be written, while service policies may be updated after notice.

If an order form or signed agreement contains more specific terms, those terms prevail for the relevant service.