Web Hosting Agreement

Last Modified: December 22, 2025

1. Parties

This Web Hosting Agreement (this “Agreement”) is between Anna Widera – BerryPress (sole proprietorship) (“BerryPress”) and the person (individual or legal person) who orders BerryPress’s web hosting service (“Customer”). This Agreement governs Customer’s use of BerryPress’s web hosting service.

2. Business Information

Owner: Anna Widera – BerryPress (sole proprietorship)

NIP: 8992884264

Address: Adama Mickiewicza 3c/25, 43-170 Laziska Gorne, Poland

Contact: help.berrypress.com

3. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of BerryPress’s credit approval requirements, BerryPress agrees to provide the web hosting services described in the Service Quote for the fees stated in the Service Quote.

4. Term

The initial service term begins on the date BerryPress generates an email message to Customer announcing the activation of Customer’s account (the “Service Commencement Date”) and continues for the number of months stated in the Service Quote (the “Initial Term”). Upon expiration of the Initial Term, this Agreement automatically renews for successive renewal terms of the same length (each a “Renewal Term”) unless either party provides written notice of non-renewal at least seven (7) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term are collectively the “Term.”

5. Payments

(a) Fees

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle is as indicated on the Service Quote, beginning on the Service Commencement Date. BerryPress may require payment for the first billing cycle before beginning service. If the Service Quote provides for credit/debit card billing, Customer authorizes BerryPress to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term; otherwise BerryPress will invoice Customer via electronic mail. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees are due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in Canadian dollars or US dollars unless otherwise stated in the Service Quote. Customer is responsible for providing BerryPress with changes to billing information (such as credit card expiration, change in billing address). At its option, BerryPress may accrue charges to be made to a credit/debit card until such charges exceed $10.00. BerryPress may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. BerryPress may suspend the service without notice if payment is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay BerryPress’s reasonable reinstatement fee following a suspension for non-payment, and to pay BerryPress’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases

BerryPress may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term. If Customer does not give notice of non-renewal as provided in Section 4, Customer is deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased again in the same manner).

(c) Taxes

At BerryPress’s request, Customer shall remit to BerryPress all sales, VAT, or similar tax imposed on the provision of the services (but not in the nature of an income tax on BerryPress), regardless of whether BerryPress fails to collect the tax at the time the related services are provided.

(d) Early Termination and Acceleration

Customer acknowledges that BerryPress may terminate this Agreement at any time if Customer violates this Agreement or the Acceptable Use Policy (the “AUP”) referenced by BerryPress. Customer acknowledges that the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term or Renewal Term, as applicable. In the event BerryPress terminates the Agreement for Customer’s breach in accordance with Section 10, or Customer terminates the service other than in accordance with Section 10 for BerryPress’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination.

6. Law and Acceptable Use Policy

Customer agrees to use the service in compliance with applicable law and the Acceptable Use Policy (the “AUP”) available at https://berrypress.com/hosting-acceptable-use-policy/. Customer agrees that BerryPress may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the services. Amendments to the AUP are effective on the earlier of BerryPress’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with BerryPress’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute regarding interpretation of the AUP, BerryPress’s commercially reasonable interpretation shall govern.

7. Customer Information

Customer represents and warrants that the information provided (and to be provided) to BerryPress for establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants that they are at least 19 years of age. BerryPress may rely on the instructions of the person listed as the primary customer contact on the order with regard to Customer’s account until Customer provides written notice changing the primary contact.

8. Indemnification

Customer agrees to defend, indemnify, and hold harmless BerryPress, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, whether or not authorized by Customer.

9. Disclaimer of Warranties

BERRYPRESS DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BERRYPRESS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

10. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVODED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF BERRYPRESS AND ANY OF ITS EMPLOYEES, AGENTS, OR AFFILIATES, UNDER ANY THEORYOF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR INTERACTIONS WITH END USERS OF CUSTOMER’S SITE OR SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, CUSTOMER HEREBY RELEASES BERRYPRESS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF AN END USER, ANY ACTION OR INACTION BY AN END USER, INCLUDING END USER’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY END USER.

11. Suspension of Services and Termination

(a) Suspension of Service

Customer agrees that BerryPress may suspend or terminate services to Customer without notice and without liability if: (i) BerryPress reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) BerryPress reasonably believes that suspension is necessary to protect its network or its other customers; or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay BerryPress’s reasonable reinstatement fee if service is reinstituted following a suspension.

(b) Termination

The Agreement may be terminated by Customer prior to expiration of the Initial Term or any Renewal Term without further notice and without liability if BerryPress fails in a material way to provide the service in accordance with this Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.

The Agreement may be terminated by BerryPress prior to expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on payment of any amount due; (ii) if Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure within thirty (30) days of written notice; (iii) upon one (1) days notice if Customer’s service is used in violation of a material term of the AUP more than once; or (iv) upon one (1) days notice if Customer violates Section 7 (Customer Information). Either party may terminate upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

12. Requests for Customer Information

Customer agrees that BerryPress may, without notice to Customer: (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that BerryPress reasonably and in good faith believes violates applicable law; and (ii) provide any information it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

13. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by BerryPress notwithstanding any agreement by BerryPress to provide back up services.

14. Changes to Network

Upgrades and other changes in BerryPress’s network, including changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. BerryPress reserves the right to change its network in its commercially reasonable discretion and shall not be liable for any resulting harm to Customer.

15. Notices

Notices to BerryPress under the Agreement shall be given via the support portal at help.berrypress.com. Notices to Customer shall be given via electronic mail to the individual listed as the primary customer contact on the order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day transmitted. Customer may change its notice address by notice given in accordance with this Section.

16. Force Majeure

BerryPress shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond BerryPress’s control, including significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

17. Governing Law and Disputes

The Agreement shall be governed by the laws of Poland and applicable EU regulations, exclusive of its choice of law principles. Exclusive venue for all disputes arising out of or relating to the Agreement shall be the competent courts in Poland.

18. Agreement Subject to Change

BerryPress may modify this Agreement at any time by posting an updated version on its website. The updated version comes into effect at the start of the next Renewal Term following the Term in which the modified Agreement is posted, unless applicable law requires a different effective date or notice period.

19. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other’s name or trademark without the other’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other.

This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding unless expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision will not be deemed a waiver of that party’s rights.

The following provisions survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination. There are no third party beneficiaries to the Agreement. Customer may not transfer the Agreement without BerryPress’s prior written consent. BerryPress may assign the Agreement in whole or in part.

This Agreement together with the Service Quote and any referenced policies constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.