Terms and Conditions

1. Service Provider Information

These Terms and Conditions govern the use of services provided by:

FREE ATLANTIC LDA
Trading name: Atlantic.cloud
Legal form: Sociedade por Quotas (LDA)
NIPC / VAT Number: 517132974
Registered office: Rua do Esmeraldo, nº 53-57, 9000-051 Funchal, Madeira, Portugal
Website: https://atlantic.cloud
Main contact: [email protected]
Customer support: [email protected]

In these Terms, “Provider”, “Company”, “we”, “us” and “our” refer to FREE ATLANTIC LDA / Atlantic.cloud.

“Customer”, “user” and “you” refer to any natural or legal person who creates an account, places an order, pays for, or uses our services.

2. Acceptance of Terms

By using the website, creating an account, placing an order, paying for, or using any Atlantic.cloud services, the Customer confirms that they have read, understood and agreed to these Terms.

If the Customer does not agree with these Terms, the Customer must not create an account, order or use the services.

The agreement between the Customer and FREE ATLANTIC LDA is considered concluded upon confirmation of the order, creation of the account, activation of the service, or receipt of payment, whichever occurs first.

3. Services

Atlantic.cloud provides IT and hosting infrastructure services, including but not limited to:

1. virtual private servers;
2. dedicated servers;
3. cloud infrastructure;
4. server administration;
5. network infrastructure;
6. storage services;
7. technical support;
8. other related IT and infrastructure services.

The specific scope, configuration, technical parameters, price, duration and other conditions of a service are defined in the order page, customer account, invoice, commercial proposal, or separate written agreement.

FREE ATLANTIC LDA may change, update or improve its services, provided that such changes do not materially reduce already paid services for the Customer.

4. Customer Account

The Customer must provide accurate, complete and up-to-date information during registration, ordering and billing.

The Customer is responsible for:

1. the accuracy of registration, contact and billing information;
2. the confidentiality of login credentials, passwords and other access methods;
3. all activities performed through the Customer account, servers, IP addresses or other services;
4. promptly notifying FREE ATLANTIC LDA of any unauthorized access or suspected compromise of the account.

FREE ATLANTIC LDA may suspend or restrict services if the Customer provides false, incomplete or outdated information and this prevents service delivery, billing, legal compliance or identity verification.

5. Orders, Activation and Service Term

Services are activated after confirmation of the order and/or receipt of payment, unless otherwise expressly agreed in writing.

Services may be provided on a monthly, annual or other contractual basis according to the conditions of the specific order.

Unless otherwise stated in the order or separate agreement, services are provided on a prepaid basis.

Renewal of services depends on timely payment for the next service period or on an activated automatic renewal mechanism, if available.

If payment for the next period is not received on time, FREE ATLANTIC LDA may suspend or terminate the service after appropriate notice or automated system warning, where technically available.

6. Payments, Invoices and Taxes

Prices for services are shown on the website, in the order, invoice, commercial proposal or separate agreement.

Unless expressly stated otherwise, prices may be indicated exclusive of VAT. The final amount payable depends on the Customer’s status, country, tax regime, VAT number and applicable tax rules.

FREE ATLANTIC LDA may issue electronic invoices and other payment documents in electronic form.

The Customer agrees to receive invoices, payment notices, tax documents and other payment-related communications by email or through the Customer account.

The Customer must pay for services on time. Non-payment or a chargeback, payment dispute or payment rejection by a bank, card provider or payment system may lead to suspension or termination of services.

7. Payment Provider

FREE ATLANTIC LDA uses Revolut Bank UAB - Sucursal em Portugal as its payment provider for processing online payments.

Payments made through the website may be processed via Revolut’s payment infrastructure and/or credited to the Revolut account of FREE ATLANTIC LDA.

FREE ATLANTIC LDA does not store full bank card details of Customers. Payment data is processed by Revolut in accordance with its own security standards, privacy policy and applicable law.

8. Consumer Right of Withdrawal

This section applies only to Customers who are consumers, meaning natural persons who enter into a contract for purposes that are outside their business, trade, commercial or professional activity.

If the Customer is a consumer under applicable consumer protection law, the Customer may have the right to withdraw from the contract within 14 calendar days from the date of conclusion of the contract, without giving any reason.

To exercise this right, the consumer must send a clear withdrawal notice to: [email protected]

If the consumer expressly requests or agrees that the service starts before the end of the 14-day withdrawal period, the consumer may be required to pay the proportionate amount for the services actually provided until the moment of withdrawal, where permitted by applicable law.

The right of withdrawal does not apply to Customers who enter into the contract for business, trade, commercial or professional purposes.

9. Refunds and Cancellations

The Customer may cancel a service according to the conditions of the specific order, customer account or written notice sent to: [email protected]

If the service has already been activated or used, a full refund may not be available. Any refund, where applicable, may be calculated proportionally to the unused service period or according to the specific policy of the relevant service.

Domain names, custom-configured services, setup fees, dedicated resources, custom configurations or other costs already incurred may be non-refundable, unless otherwise required by law.

Refunds, where applicable, are made using the same payment method used for the initial transaction, unless otherwise agreed by the parties or technically impossible.

10. Acceptable Use of Services

The Customer must use the services lawfully, responsibly and in a manner that does not violate the rights of FREE ATLANTIC LDA, other customers or third parties.

The Customer must not use the services for:

1. malware, viruses, trojans, botnets or other harmful software;
2. phishing, fraud, scams or impersonation;
3. spam, unsolicited bulk email or unlawful marketing communications;
4. DDoS attacks, unauthorized stress testing, network attacks or disruption of services;
5. unauthorized access, hacking, brute force attacks, credential stuffing or port scanning without permission;
6. hosting or distributing illegal content;
7. infringing copyrights, trademarks or other intellectual property rights;
8. unlawful disclosure of personal data or violation of third-party privacy;
9. hosting stolen data, leaked credentials or unlawfully obtained information;
10. child sexual abuse material or any content related to sexual exploitation of children;
11. terrorist, extremist or violent illegal content;
12. illegal pornography or content prohibited by law;
13. activities that violate sanctions, embargoes or export control rules;
14. any activity that may damage, overload or compromise the infrastructure of FREE ATLANTIC LDA, other customers or third parties.

11. Customer Responsibility for Content and Activity

The Customer is responsible for all content, data, software, websites, applications, email, network traffic and any other activity operated through the Customer account, servers, IP addresses or services.

The Customer is also responsible for the actions of its employees, contractors, users, end customers or third parties to whom the Customer provides access to the services.

If the Customer uses the services to provide services to third parties, the Customer must ensure that such third parties comply with these Terms, the Acceptable Use Policy, the Privacy Policy and applicable law.

The Customer must indemnify FREE ATLANTIC LDA against losses, expenses, claims or demands of third parties arising from unlawful or improper use of the services by the Customer or by persons to whom the Customer provided access.

12. Abuse Reports, Illegal Content and DSA

If FREE ATLANTIC LDA receives a report concerning illegal content, abuse, spam, malware, phishing, copyright infringement or other violation, the Company may review the report and take appropriate action.

Reports of illegal content or abuse should be sent to: [email protected]

The report should include, where possible:

1. the exact URL, IP address, domain, server identifier or other precise location of the content or activity;
2. an explanation of why the content or activity is considered illegal or abusive;
3. the contact details of the reporting person, where applicable;
4. a confirmation that the information is submitted in good faith and is accurate.

FREE ATLANTIC LDA may restrict access, suspend the service, remove or block content, notify the Customer, request explanations or provide information to competent authorities where required by law or necessary to protect its infrastructure, customers or third parties.

13. Suspension and Termination of Services

FREE ATLANTIC LDA may temporarily suspend or terminate services, in whole or in part, if:

1. the Customer has not paid amounts due;
2. a payment has been reversed, disputed or rejected;
3. the Customer breaches these Terms or the Acceptable Use Policy;
4. the services are used for illegal or harmful activity;
5. there is a risk to the security, stability or reputation of the infrastructure;
6. a court, regulator, law enforcement authority or other competent authority requires it;
7. the Customer has provided false or incomplete information;
8. continued service provision may create legal, technical or security risks.

In urgent cases involving malware, phishing, DDoS, spam, illegal content, sanctions or threats to the infrastructure, FREE ATLANTIC LDA may suspend services immediately without prior notice.

Where the violation can be remedied, FREE ATLANTIC LDA may give the Customer a reasonable opportunity to correct the situation.

14. Backups and Data Responsibility

The Customer is responsible for creating, maintaining and verifying its own backups, unless a specific paid backup service is expressly included in the relevant service.

FREE ATLANTIC LDA may perform technical backup procedures for infrastructure stability or recovery purposes, but such backup procedures do not constitute a guarantee of Customer data preservation unless a separate backup service has been expressly ordered and paid for.

The Customer must independently maintain regular backups of important data, configurations, websites, databases, applications and other materials.

FREE ATLANTIC LDA is not liable for loss of data unless such liability cannot be excluded under mandatory law or a separate written agreement.

15. Maintenance and Service Availability

FREE ATLANTIC LDA uses reasonable commercial and technical efforts to ensure the stability, security and availability of the services.

Services may be temporarily unavailable due to:

1. scheduled or emergency maintenance;
2. software or infrastructure updates;
3. hardware or network failures;
4. DDoS attacks, cyberattacks or other security incidents;
5. power, internet, telecommunications or data center failures;
6. acts or omissions of the Customer;
7. actions of third-party providers;
8. force majeure events.

FREE ATLANTIC LDA will attempt to restore services as soon as reasonably possible, taking into account the nature of the incident.

16. Limitation of Liability

To the maximum extent permitted by applicable law, FREE ATLANTIC LDA shall not be liable for indirect, incidental, special or consequential damages, including loss of profits, loss of business, loss of data, loss of reputation, business interruption or third-party claims.

FREE ATLANTIC LDA shall not be liable for:

1. Customer content or Customer activity;
2. unlawful activity by the Customer or its users;
3. incorrect server configuration by the Customer;
4. loss of data in the absence of a separately ordered backup service;
5. failures caused by third-party providers;
6. events outside the Company’s reasonable control;
7. acts of competent authorities, courts or regulators.

Nothing in these Terms excludes liability that cannot be excluded or limited under mandatory law.

17. Force Majeure

FREE ATLANTIC LDA shall not be liable for delay or failure to perform its obligations if caused by circumstances outside its reasonable control.

Such circumstances may include, without limitation:

1. natural disasters;
2. fire, flood, storm or other natural events;
3. war, terrorism or civil unrest;
4. strikes, lockouts or labour disputes;
5. epidemics or pandemics;
6. government measures;
7. power failures;
8. telecommunications or internet failures;
9. data center incidents;
10. large-scale cyberattacks;
11. DDoS attacks;
12. failures of third-party providers;
13. export restrictions, sanctions or other legal restrictions.

The Customer’s obligation to pay amounts due is not suspended by force majeure unless otherwise required by law.

18. Sanctions, Embargoes and Export Control

The Customer must comply with all applicable sanctions, embargoes, export control rules and other restrictions imposed by Portugal, the European Union, the United Nations or other competent authorities.

The Customer must not use the services to provide services or redirect resources to persons, entities, countries or territories subject to sanctions or other lawful restrictions where such activity is prohibited.

FREE ATLANTIC LDA may immediately suspend or terminate services if it has reason to believe that the Customer or its end users are violating sanctions, embargoes or export control rules.

19. Personal Data

Personal data is processed in accordance with the Privacy Policy of FREE ATLANTIC LDA.

The Customer acknowledges that, with respect to data that the Customer stores or processes through its servers, virtual machines, websites or applications, the Customer generally acts as controller, while FREE ATLANTIC LDA may act as processor or infrastructure provider within the scope of the services.

The Customer is responsible for ensuring that its use of personal data through Atlantic.cloud services complies with the GDPR and other applicable law.

20. Intellectual Property

All intellectual property rights in the Atlantic.cloud website, trademarks, logos, texts, design, interfaces, software and other materials of FREE ATLANTIC LDA remain the property of FREE ATLANTIC LDA or the respective rights holders.

The Customer does not acquire any ownership rights in software, infrastructure, systems, documentation or other materials of FREE ATLANTIC LDA, except for the limited right to use the services in accordance with these Terms.

21. Communications

The parties agree that email is a valid method of communication regarding services, invoices, support, violation notices, changes to terms, suspension or termination of services.

The Customer must keep an up-to-date email address in the Customer account or notify FREE ATLANTIC LDA of any change in contact details.

Notices sent to the Customer’s email address are considered delivered unless they are returned as undeliverable.

22. Changes to these Terms

FREE ATLANTIC LDA may update these Terms from time to time.

The current version of the Terms is published on the Atlantic.cloud website.

If changes materially affect the rights or obligations of the Customer regarding active services, FREE ATLANTIC LDA may notify the Customer by email or through the Customer account where appropriate or required by law.

Continued use of the services after the updated Terms become effective constitutes acceptance of such changes.

23. Consumer Dispute Resolution

Consumers may use alternative dispute resolution mechanisms where applicable under Portuguese or European law.

The list of Portuguese Consumer Alternative Dispute Resolution entities is available through the Portuguese Consumer Portal: https://www.consumidor.gov.pt

The European Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr

FREE ATLANTIC LDA may also be contacted directly at: [email protected]

24. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Portuguese Republic.

For business customers, unless mandatory law provides otherwise, disputes arising from these Terms or the services of FREE ATLANTIC LDA shall be subject to the competent courts of Funchal, Madeira, Portugal.

For consumers, this does not affect any mandatory rights or jurisdictional protections provided by applicable consumer protection law.

25. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, this does not affect the validity of the remaining provisions.

The invalid or unenforceable provision shall be replaced by a provision that most closely reflects the economic and legal purpose of the original provision, to the extent permitted by law.