Terms & Conditions
Globalcell Email – Terms and Conditions
By using the email services provided by GlobalCell Europe EOOD (I/N: 203820315) (hereinafter, “Company”, “we”, “us”, “our”), you (hereinafter, “you”, “your”, “User”, “Client”) agree to the following Terms and Conditions (hereinafter, “the Agreement”). Certain services may be delivered, managed, and invoiced by an officially registered small business entrepreneur (SBE) (006-0015612) authorized to operate under the GlobalCell Brand. All legal responsibility, rights, and obligations arising from or in connection to this Agreement remain solely with GlobalCell Europe EOOD.
1. DEFINITIONS
1.1. “Agreement” refers to these Terms and Conditions and any annexes or referenced documentation;
1.2. “Client” refers to any legal or natural person subscribing to the email services provided by GlobalCell; The Client shall also be referred to as “you”, “your”, “User” throughout this Agreement.
1.3. “Confidential Information” refers to any data or information disclosed in any form by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with these Terms and Conditions, that: a) is clearly marked or otherwise identified as confidential at the time of disclosure; or b) under the circumstances, a reasonable person would understand to be confidential.
Confidential Information includes, without limitation, business operations, technical data, financial information, system architecture, product designs, source code, security practices, customer or user data (including email content and metadata), pricing, business strategies, and other proprietary information relating to the Disclosing Party’s business. Confidential Information does not include information that: a) was lawfully known to the Receiving Party prior to disclosure, without breach of any obligations of confidentiality; b) is or becomes available through no act or omission of the Receiving Party; c) is lawfully disclosed to the Receiving Party by a third party without restriction; or d) is independently developed by the Receiving Party without reference to or use of the Disclosing Party’s Confidential Information.
1.4. “Dispute” refers to any dispute, difference or question of interpretation arising out of or in connection with these Terms and Conditions, including any dispute, difference or question of interpretation relating to the services rendered;
1.5. “Dispute Notice” refers to an official notification, in writing (including via email), issued to the representative of the other Party, in the event of any dispute arising out of or in connection with these Terms and Conditions, whereby the issuing Party specifies the matter and suggested means of remedying the dispute. Upon receipt of the Dispute Notice, the receiving Party shall provide a written response within ten (10) business days from the date of receipt, outlining its position regarding the dispute and, if applicable, proposing subsequent steps for resolution. Failure to provide a response within this timeframe shall not constitute an admission of liability but may be taken into account in subsequent proceedings. The Parties shall thereafter seek to resolve the dispute through mediation or negotiation in good faith within a reasonable timeframe. If the dispute remains unresolved after sixty (60) days from the date of the Dispute Notice, the Parties shall be entitled to resolve the matter in accordance with the Dispute Resolution provisions set forth in the Dispute Clause of these Terms and Conditions;
1.6. “Force Majeure Events” refer to circumstances (such as natural disasters, epidemics, pandemics, war, civil disorders, etc.) that did not exist at the time of the acceptance of these Terms and Conditions and the occurrence and impact of which could not have been foreseen, avoided, or overcome by the Parties;
1.7. “Third Party” refers to any natural or legal person, entity, organization, or authority other than the Parties to this Agreement, their subsidiaries, affiliates, employees, agents, or authorized representatives. A Third Party does not include individuals or entities engaged or subcontracted by either Party with the prior written consent obtained from the other Party in accordance with the terms of the Agreement herein;
1.8. “Service Provider” refers to the Small Business Entrepreneur (C/N: 006-0015612) operating under GlobalCell Europe EOOD, I/N: 203820315;
1.9. “Service(s)” refers to the email hosting and associated solutions provided by the Service Provider;
1.10. “Business Day” refers to each day, Monday to Friday from 9:00 until 18:00 CET, excluding official public holidays;
2. GENERAL TERMS AND CONDITIONS
2.1. These Terms and Conditions govern the use of the email service provided by the Company. By using our services, the Client agrees to the Terms and Conditions set out herein.
2.2. The processing and handling of personal data are conducted in accordance with applicable data protection legislation. The Company is committed to maintaining the confidentiality and security of all client data.
2.3. Registration on the website and acceptance of these Terms are required to access and use our services.
2.4. An officially registered SBE shall provide the Services provided in this Agreement on behalf of and under Globalcell Europe EOOD. The SBE shall be responsible for providing, managing, or supporting service delivery, including but not limited to issuing invoices and accepting payments for the services rendered. The SBE shall operate under the authority of the Company and within the bounds of this Agreement. All contracts, warranties, and liabilities under these Terms remain enforceable solely with Globalcell Europe EOOD, regardless of which party facilitates the transaction or communication;
3. SCOPE OF SERVICES
3.1. GlobalCell shall provide email services, including but not limited to:
• Email hosting, including under custom domain names;
• Protection against spam and malware;
• Access via webmail and integrated productivity tools (e.g. Calendar, Contacts, Tasks);
• Optional add-ons such as Zoom integration and additional storage on request;
3.2. Service activation is subject to successful payment. GlobalCell retains discretion to modify the scope of services to maintain or enhance performance and security;
3.3. Upon successful registration and confirmation of payment, the email service shall be provisioned and activated within three (3) Business days;
3.4. The Company shall provide all necessary credentials and instructions to facilitate access and management of the corporate email accounts;
3.5. All service updates, scheduled maintenance, or planned changes shall be communicated to the Client in advance, except in Force Majeure events.
4. SERVICE USE AND CLIENT OBLIGATIONS
4.1. The Client shall provide accurate and truthful data for domain registration and account configuration;
4.2. The Client shall be responsible for maintaining and ensuring the security of their own login credentials.
4.3. The Client shall not utilize the service for unlawful activities. Dissemination of spam or abusive materials is strictly prohibited and may result in immediate account suspension or termination without refund.
4.4. The Client is solely responsible for verifying and maintaining their data, including executing independent backups.
5. FEES, INVOICING, AND PAYMENT TERMS
5.1. Services are billed according to the selected billing cycle (monthly, quarterly, or annually);
5.2. Payment is due prior to service activation; No refunds are issued for unused periods after service activation;
5.3. Should the payment fail or be delayed, GlobalCell may suspend services after seven (7) calendar days and cancel services after fourteen (14) calendar days;
5.4. In addition to automated subscriptions, GlobalCell may issue manual invoices for services based on custom or tailored requests. Manually invoiced services (e.g., domain migration, technical consultation/assistance) shall be payable by the date specified on the invoice in order to avoid service interruptions. Invoices and Payment instructions shall be issued by an authorized SBE acting on behalf of and operating under Globalcell Europe EOOD. Clients, therefore, acknowledge and accept that payments made to the authorized representative shall constitute valid payments to the Company for the Services rendered;
5.5. Globalcell reserves the right to update pricing of its services at any time. Clients shall be provided with a minimum of thirty (30) days’ advance notice prior to such changes taking effect. Continued use of our services following the receipt of the price change notice shall be deemed as acceptance of the revised pricing and as such, the changes shall be automatically applied at the time of the next service renewal;
6. REFUND POLICY
6.1. Clients may request a refund within five (5) calendar days of service activation, if the service does not function as described, due to technical failures attributable to the Company;
6.2. Refunds shall not be issued for partial usage, client-side misconfiguration, or dissatisfaction unrelated to service performance;
6.3. Approved refunds shall be processed within ten (10) business days to the original payment method used by the Client.
7. DOMAIN NAME OWNERSHIP
7.1. Domains registered and purchased by GlobalCell on behalf of the Client, using the Client’s official legal name, may be purchased by the Client upon request;
7.2. Domains not directly matching the Client’s legal name or registered without explicit transfer agreements shall remain the property of GlobalCell;
7.3. The Client may use its own domains, in which case GlobalCell will assist with DNS and email configuration to ensure proper email service operation;
8. DATA HANDLING AND BACKUP POLICY
8.1. GlobalCell implements regular server-level backups but makes no guarantee regarding data restoration in case of accidental deletion or corruption;
8.2. Clients are strongly advised to back up critical communications and files independently;
9. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
9.1. The Parties agree to maintain the confidentiality of any non-public, proprietary, or sensitive information, and of Confidential Information as defined in this Agreement. The Receiving Party agrees not to disclose, use, or permit the use of the Confidential Information for any purpose other than as necessary to perform its respective obligations under this Agreement, and to take reasonable steps to protect such information form unauthorized disclosure or access;
9.2. The Confidentiality obligations in this clause shall remain in effect during the term of the Agreement and upon its expiration or termination indefinitely;
9.3. Upon termination of the Agreement, the Receiving Party shall, upon written request, return or securely destroy all Confidential Information in its possession, unless retention is required by law or necessary for legitimate internal record-keeping purposes;
9.4. The Company is committed to protecting the privacy and personal data of its Clients and complies with all applicable data protection laws and regulations of the Republic of Georgia as well as ensures its compliance with General Data Protection Regulations (GDPR).
9.5. Over the course of providing Services to the Client, the Company may collect, store, and process certain personal data, including but not limited to: contact information, user credentials, account activity, email metadata, and other data necessary for the performance of the service;
9.6. All personal data collected shall be used solely for the purpose of delivering and maintaining the Services, providing customer support, ensuring service security and integrity, and complying with legal obligations. The Company shall not process personal data for unrelated purposes without the Customer’s consent;
9.7. The Company ensures implementation of appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of personal data;
9.8. The Company shall not disclose personal data to third parties, except: a) where required by law or lawful authorities; b) where necessary for the continued performance of this Agreement; c) with the Customer’s explicit, written consent;
9.9. The Client has the right to request access to their personal data, correction of inaccurate information, and deletion of data; The Client also has the right to object to certain forms of data processing. Any such request may be submitted to the Company at: orders@globalcell.email
9.10. The Company shall retain personal data only for as long as necessary for the purposes for which it was collected, or as required by applicable law and regulations;
9.11. In the event of a data breach, the Company shall promptly notify affected Clients and aim to restore the security as quickly as possible. The Company shall not be held liable for any damages or losses arising from personal data breaches that result from: the actions or omissions of the Client; Force Majeure events or external attacks (e.g. hacking, phishing) beyond the Company’s reasonable control; any third-party systems or services not under the direct control of the Company.
10. SERVICE AVAILABILITY AND LIABILITY LIMITATIONS
10.1. GlobalCell endeavors to maintain 99.9% service uptime, excluding planned maintenance or force majeure events;
10.2. For inquiries or support, clients may contact the Company via email: orders@globalcell.email
The contact details provided above are monitored during business hours provided in Clause 1.1. of this Agreement, and the Company strives to respond to all client communications promptly.
10.3. Any requests or communications received outside of business hours will be addressed during the following business days;
10.4. The Service Provider disclaims liability for any indirect, incidental, or consequential damages arising from service interruptions, data loss, or security incidents, except in cases of gross negligence or willful misconduct;
11. TERMINATION
11.1. Either Party may terminate this Agreement by providing written notice 30 calendar days in advance;
11.2. GlobalCell reserves the right to immediately terminate or suspend services for breaches of these Terms or abuse of service, without compensation;
11.3. Upon termination, any data associated with the service may be deleted permanently after a fifteen (15) calendar day retention period;
12. AMENDMENTS
12.1. Globalcell reserves the right to amend these terms and conditions at any time. Clients shall be notified of changes in writing (including via email). Continued use of the service following such notice shall constitute acceptance of the revised Terms;
13. DISPUTES
13.1. This Agreement shall be governed by and construed in accordance with the laws and regulations of the Republic of Georgia.
13.2. Any dispute arising from or in connection to these Terms and Conditions Agreement shall always be resolved, first and foremost, through amicable negotiations. If the Parties fail to come to an agreement during the negotiation period (10 calendar days following the Dispute Notice has been received by either Party), the dispute shall be resolved through the Eastern European Court of Arbitrage (I/N 404611791), in accordance with the laws of Georgia, whose decision shall be deemed final and the Parties shall be obliged to follow the ruling;
14. MISCELLANEOUS
14.1. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect;
14.2. The Client may not assign or transfer its rights or obligations under these Terms without prior written consent from the Company. The Company may assign o transfer its rights without restriction;
14.3. The failure of either Party to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce it at a later time;
14.4. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the Parties.