OFFER AGREEMENT for the provision of services on advance payment

OFFER AGREEMENT No. 000
for the provision of services on advance payment

Kyiv
June 00, 2000
The following information is an official offer (public offer) from "Hosting in Ukraine" LLC (hereinafter the Executor), on the one hand, and 000 (hereinafter the Customer) on the other hand, jointly referred to as the "Parties", have entered into a subscription service agreement. This contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.

In accordance with Art. 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of a public contract is the fact that the Customer makes a payment for services.

The public offer is also accepted when the Subscriber registers on the Contractor's website. The Contractor's website is located at https://uahosting.ltd/.

Terms and definitions
A site is a collection of www pages available on the Internet using HTTP, HTTPS protocols

Hosting is a service for providing disk space for the physical placement of site files on the CONTRACTOR's server.

A domain name is a certain sequence of letters denoting the name of a site or used in the names of electronic mailboxes, it must begin and end with a letter of the Latin alphabet or a number. Intermediate characters can be letters of the Latin alphabet, numbers or hyphens.

Domain name registration - entering information about a domain name into the Register.

A registry is a centralized collection of domain databases containing information about registered domain names.

SPAM - mass mailing of e-mail messages and other messages of mainly advertising nature to people who have not expressed a desire to receive them.

Dedicated server (SERVER) - a server owned by the CONTRACTOR, the resources of which are made available to the CUSTOMER.

OS is an operating system.

Software - software.

IP address - the device's address on the Internet.

Account (account) - data about the CUSTOMER are specified in the "personal account".

Traffic is the volume of information transmitted over a network.

Doorways are spam resources (sites) created solely to redirect visitors to another site.

Linkators - a system of automatic exchange of links between participating sites.

The support center - a system for systematization and processing of customer requests, is located at https://cp.hosting.in.ua

Billing (personal account) - an accounting system for processing and systematizing information regarding settlements with the client, located at https://uahosting.ltd/

The Contractor's website is a website located on the Internet at the link https://uahosting.ltd/. All Internet users have access to the website 24 hours a day, 7 days a week.

1. SUBJECT OF THE AGREEMENT
1.1. The subject of the contract is data processing, posting of information on web sites and related activities, in accordance with Annex ______, which is an integral part of this Contract. In the future, at will, the CUSTOMER may order other services by concluding an Additional Agreement, which will be an integral part of this Agreement.

1.2. The list of services, the CLIENT of services, their pricing, features of service provision and technical properties, as well as the procedure for providing services are defined in the Appendices (Appendix 1 - hosting; appendix 2 - domain name registration; appendix 3 - server hosting; appendix 4 - server rental; appendix 5 - provision of a virtual dedicated server; application 6 - reselling of hosting; application 7 - reselling of domains).

1.3. When performing and/or interpreting this Agreement, the Parties undertake to be guided by the current legislation of Ukraine.

1.4. The Services do not include setting up or diagnosing the CUSTOMER's personal computer, modem, and software, both in the Contractor's office and when visiting the CUSTOMER, as well as training in Internet skills.

2. COST OF SERVICES AND CALCULATION PROCEDURE
2.1. The cost of the Services provided to the CUSTOMER under this Agreement is indicated on the CONTRACTOR's website.

2.2. Payment for Services is made in the national currency of Ukraine.

2.3. Payment is made by the CUSTOMER within 3 (three) working days from the moment of conclusion of this contract for the first period of service provision (begins from the date of conclusion of this contract until the same date of the following month). Each subsequent payment (regular payments) is made by the Customer before the end of the paid period in the corresponding month.

2.4. Payment is made on the basis of the invoice issued by the Contractor.

2.5. In the absence of timely payment, the CONTRACTOR has the right to suspend the provision of Services.

2.6. If payments for the services provided under this Agreement are not received within one calendar month from the moment of the CUSTOMER's registration on the website (if it is about the first payment under the agreement) or from the end of the paid period (if it is about secondary payments under the Agreement), the CONTRACTOR has the right to delete all files of the CUSTOMER stored on the CONTRACTOR's server. The CUSTOMER's account and access to the control panel are kept for a period determined by the CONTRACTOR. Subsequently, the account and information related to it may be deleted, and access to the control panel is blocked.

2.7. The CONTRACTOR has the right to credit the funds mistakenly transferred by the CUSTOMER to his account as advance payments for the services provided under this contract.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. THE EXECUTIVE COMMITS
3.1.1. Provide Services in the manner and under the conditions specified by this Agreement and its Annexes.

3.1.2. To ensure uninterrupted functioning and monitoring of the performance of its equipment involved in the provision of Services throughout the term of the Agreement, except for cases of scheduled maintenance, as well as work caused by malfunctions of equipment or software. A warning about planned technical outages is given no less than 24 hours before the planned outage.

3.1.3. Provide consultations by e-mail on issues of service provision and software configuration provided to the CUSTOMER.

3.2. THE PERFORMER HAS THE RIGHT
3.2.1. The CONTRACTOR reserves the right to transfer the customer's virtual server between the CONTRACTOR's technical sites with prior notice to the CUSTOMER.

3.2.2. The CONTRACTOR reserves the right to suspend the service of the CUSTOMER or terminate the contract unconditionally without reimbursement of the cost of services in the following cases:

(A) placing on your virtual server information that offends the honor and dignity of other people.

(B) placing on your virtual server information of an erotic or pornographic nature.

(B) placing on your virtual server information that contradicts the legislation of Ukraine.

(D) by decision of an authorized state institution, in accordance with the legislation of Ukraine.

(E) Violation of the rules of use of the Network.

(E) any support for spam, hacking, cracking and other illegal activities on the Internet;

(F) mass spamming from any subnet by any methods

(P) use of proxies and any programs used to transit traffic through the server

3.2.3. The CONTRACTOR reserves the right to suspend service to the customer or to terminate the contract unconditionally with reimbursement of the cost of services for unused time in the event that the load created by the CUSTOMER's sites on the CONTRACTOR's technical means creates problems for the functioning of such technical means or creates problems for the CONTRACTOR's customers.

3.2.4. During the entire term of the contract, in case of doubts about the authenticity of the data provided by the customer, specified in the account and when ordering the service, request additional information and (or) request confirmation of the information provided. The request is sent by e-mail to the customer's contact address.

If this information is not provided by the Customer within 14 (fourteen) calendar days from the moment of sending the first request:

a) reject the customer's application for a new service;

b) stop providing services to the Customer;

c) reject the customer's application for extending the service term.

The above-mentioned restrictions can be removed within 3 (three) working days from the moment the customer submits the requested information, if it turns out to be reliable.

In case of failure to provide the necessary information within 30 (thirty) calendar days from the moment of sending the first request, the CONTRACTOR has the right to terminate the Agreement in accordance with Clause 6.4. contract

3.2.5. To change the tariffs for the services provided to them (tariffs and terms of service provision in effect at the time of the conclusion of the Agreement, specified in the Appendices) unilaterally with mandatory notification of the customer in accordance with clause 7.1. contract

3.2.6. Recommend to the Customer the transition to other tariff plans depending on the resources consumed by the client's project.

3.3 THE CUSTOMER SHALL BE OBLIGED
3.3.1. The CUSTOMER undertakes to use the Internet only in a legal way and not to transfer responsibility to the CONTRACTOR for any kind of damage suffered by the Customer or a third party during the use of the CONTRACTOR's services by customers.

3.3.2. Monitor the expiration date of the paid period and pay for the provided Services in a timely manner within a period of no more than 5 (five) days from the expiration of the prepayment period.

3.3.2. Within 10 (ten) working days from the moment of receipt of the act on the services provided, send the CONTRACTOR a signed act on the services provided or a reasoned refusal to accept the services.

3.3.3. Notify the Contractor about a change in the details specified during account registration;

3.3.4. Keep your registration data confidential. The Customer fully bears the risk of the consequences of the loss of authorization data.

3.3.5. Specify valid data in the billing, otherwise the CONTRACTOR has the right to stop providing services to the Customer in accordance with clause 3.2.4. contract

3.3.6. Comply with and fulfill the requirements of this agreement.

3.4. THE CUSTOMER HAS THE RIGHT
3.4.1. To require the CONTRACTOR to provide services in accordance with this Agreement;

3.4.2. Change the basic tariff plan to another. The change of the tariff plan takes place in accordance with the submitted applications of the customer, which can be sent by e-mail, after making the corresponding surcharge. All funds that were not used at the time of changing the tariff plan will be transferred to pay for the new tariff plan.

4. LIABILITY OF THE PARTIES
4.1. The parties are responsible for improper performance of the Agreement in accordance with the legislation of Ukraine, taking into account the conditions established by the Agreement and the Appendices, which are an integral part of this Agreement, and undertake to ensure the confidentiality of the customer's credentials (Set of passwords for access to the CONTRACTOR's technical resources and other information , which identifies the Customer). The CONTRACTOR has access to the information of the Customer, solely for the purpose of technical provision of services or in case of receiving claims of third parties concerning his harmful and/or illegal actions in accordance with the current legislation of Ukraine to report the account data of the customer.

4.2. The CONTRACTOR shall not be liable to customers or third parties for any delays, interruptions, damages or losses arising from:

(A) defects in any electronic or mechanical equipment not owned by the CONTRACTOR,

(B) problems with data transmission or connection that occurred through no fault of the CONTRACTOR

(B) circumstances of force majeure in the generally accepted sense.

4.3. The CONTRACTOR is not responsible for the content of the information posted by the customer.

4.4. The CONTRACTOR shall not be liable for any costs or damages directly or indirectly incurred as a result of the use of the service of placing the customer's resources on the Contractor's servers.

4.5. If one of the parties fails to comply with any provision of this Agreement, disputed issues shall be settled through negotiations. if it is impossible to resolve disputes and disagreements on the basis of mutual agreements, they shall be resolved in accordance with the procedure established by the current legislation of Ukraine.

4.6. The CUSTOMER is independently responsible for the content of the information transmitted to them or by another person under their network credentials (information that authorizes the Customer) through the Internet and the CONTRACTOR's own resources: for its authenticity, purity from claims of third parties and legality of its distribution. The CONTRACTOR is not responsible for the content of information transmitted to the Customer over the Internet and the CONTRACTOR's own resources.

4.7. The CUSTOMER, using the services of the CONTRACTOR and the Internet, is independently responsible for the damage caused by his actions (personally or by another person under his network details) to the person or property of citizens, legal entities, the state or the moral principles of society.

4.8. The CONTRACTOR bears no responsibility to the customers:

4.8.1. For delays, interruptions in work and the inability to fully use the CONTRACTOR's own resources, which occur directly or indirectly due to the action or inaction of third parties and/or the failure of transport and information channels that are outside the CONTRACTOR's own resources.

4.8.2. For the quality of communication lines, if they are organized by other organizations.

4.8.3. For profit received and lost profit, as well as for any indirect losses incurred by the customer during the period of use or non-use of the CONTRACTOR's services.

4.8.4. For displaying sites if the CUSTOMER uses non-certified equipment.

4.8.5. For damage of any kind suffered by the Customer due to the disclosure, loss or impossibility of obtaining the latter's account data. Any person who has communicated passwords and other confidential information required to identify the customer, or uses this data for authorization in billing, is considered as his representative and acts on his behalf.

4.9. Since the Internet is a voluntary association of various networks and resources, the CONTRACTOR is not responsible for the normal functioning of the Internet or its parts, as well as for their availability to the customer. The CONTRACTOR is not responsible and does not give any guarantees for any information, goods or services obtained through the Internet, including if they are placed on the CONTRACTOR's own resources.

4.10. Any services provided to the Customer by the Contractor are related to the functioning of the Internet, both on the technical resources of the CONTRACTOR and beyond them. The CONTRACTOR is not responsible for changes in the properties, functions and quality of services provided to customers, unless they are clearly described in the Agreement. The CONTRACTOR is not responsible for the quality, error-freeness and absence of harmful components in the software used on the CONTRACTOR's servers and other servers of the Internet or offered to the Customer, if it was not developed by the Contractor himself.

4.11. The CUSTOMER assumes full responsibility and all risks associated with the use of the Internet through the CONTRACTOR's resources and/or services.

5. RULES FOR USING THE CONTRACTOR'S SERVICES
5.1. Services provided by the Contractor must be used only for legal purposes. Illegal actions include (but are not limited to the following): distribution of drugs, attempts to gain unauthorized access to computer systems, piracy (distribution of materials in violation of copyright), gambling, fraud schemes, violations of the laws of Ukraine.

5.2. When placing content, information and files on the technical resources of the CONTRACTOR, the CUSTOMER is obliged to be guided by the legislation of Ukraine

5.3. It is not allowed to launch and place on the servers of the Executor resident programs without prior agreement with the technical services. It is not allowed to systematically exceed the permissible load on the processor resources of the server on which the Customer's sites are located. These actions (but not limited to them) are considered as harming other customers and the PERFORMER himself. In case of the above-mentioned violations, the CONTRACTOR reserves the right to completely or partially suspend the provision of services to the client (with subsequent notification within 24 hours).

5.4. The CUSTOMER is obliged to monitor the security and relevance of the software used in the work of his equipment, update the software versions in a timely manner or make changes in the configuration in accordance with the instructions and requirements published by the software developers and/or Internet security services. The CUSTOMER is obliged to stop cases of unauthorized access to the used software and hardware and to prevent the use of its resources or resources provided by the CONTRACTOR for unauthorized access attempts to other Internet resources. In particular, the CUSTOMER must NOT allow the following situations on his equipment:

(A) packets with an incorrect source address (IP source address) are sent from the server;

(B) domain name service (DNS) packets with intentionally distorted data are sent from the server;

(C) malicious programs are present on the server;

(D) programs specially designed for unauthorized access to information are present and/or running on the server;

(E) e-mail messages are sent from the server on behalf of addresses that do not belong to the customer's network (domain);

(e) the server software uses default passwords.

(F) the server is used for active and passive mailings (postal, messengers, etc.) of advertising messages (SPAM).

(C) intentional use of someone else's, incorrect or non-existent return address of the sender in an e-mail; mailbombing (sending many identical e-mails to one mailbox) and subscribing someone to a mailing list without this person's consent.

(I) the server is used for advertising SPAM, distribution of lists of e-mail addresses, contains links to similar information.

5.5. In order to verify compliance with security requirements, the CONTRACTOR reserves the right to periodically scan the Customer's services and servers using specialized software, provided that no damage is caused to its equipment and the information contained therein. The CONTRACTOR is obliged to notify the customer about vulnerabilities discovered during such checks, and the CUSTOMER is obliged to take measures to eliminate them.

5.6. In cases of violation by customers of the terms of this section or detection of gross violations of information protection requirements that pose a threat to the functioning of other (not owned by the Customer) resources of the local or global computer network, the CONTRACTOR has the right to block the service in full or in part, block the use of equipment or individual services or resources of the customer that violate security requirements. At the same time, the CUSTOMER must be notified of the blocking within 24 hours.

When blocking, the validity period of the service does not change, the customer's funds are not returned. The work of the Customer's virtual web server may be terminated by the CONTRACTOR without prior warning to the customer in cases that caused or may cause, in the opinion of the CONTRACTOR, a violation or threat of violation of the performance of the CONTRACTOR's service provision system.

The blocking is removed within 3 days after the elimination of the specified violations.

5.7. In the event of receiving a motivated claim from a third party that the information content of the Customer's server violates current legislation, the CONTRACTOR reserves the right to suspend the provision of services in the part related to the distribution of the specified information content. The CONTRACTOR is obliged to inform the customer about all measures taken within 3 working days.

5.8. It is prohibited to host sites containing: web chats on the Contractor's servers; IRC; top sites; mp3 sites; pornography and any materials of a sexual nature, text, graphics, audio and video materials or links to them that contain any form of obscenity and violence, even if they are legal; crack / hack sites; file archives, doors and linkers.

Upon discovery of the above facts, the CONTRACTOR has the right to disable such servers and unilaterally terminate the contract with the customer.

6. DURATION AND PROCEDURE FOR TERMINATION OF THE AGREEMENT.
6.1. The contract enters into force from the moment of its signing.

6.2. The contract is concluded for a period of one year and is automatically extended for the next year, if the services are continued. The Agreement remains in force in the event of a change in the details of the Parties, a change in their constituent documents, including, but not limited to, a change in the owner, organizational legal form, etc.

6.3. The contract may be terminated at any time by agreement of the Parties.

6.4. In case of a significant violation of the terms of this Agreement by one of the Parties, the other Party has the right to unilaterally terminate the Agreement, which shall be notified in writing (perhaps by e-mail) to the Party that violated the terms of the Agreement.

6.5. This Agreement may be terminated at the initiative of the customer, in the absence of direct fault of the CONTRACTOR, after the end of the paid period by refusing to prepay for services/works for the next period or on the basis of a written notice.

6.6. The CONTRACTOR reserves the right to terminate this Agreement on its own initiative by sending a written notice to the Customer. The contract will be considered terminated after the expiry of 30 calendar days from the moment the customer receives the specified notice, if the CUSTOMER has not informed the CONTRACTOR in writing of his disagreement to terminate this contract within 25 calendar days from the moment of receipt of the written notice.

6.7. If within 30 days after the end of the paid period and the blocking of the account, the customer does not receive payment or a written notification about the desire to extend the Agreement, then the Agreement is automatically considered terminated and the client's account is deleted from the server.

6.8. In case of termination of the Agreement at the initiative of the customer, the unused part of the advance payment is not returned to the Customer.

7. OTHER TERMS
7.1. In case of changes to the Agreement or Addenda to this Agreement, the CONTRACTOR shall notify the Customer in writing at least 15 (Fifteen) calendar days prior to the entry into force of the above changes. If the Customer does not agree with the changes made, he has the right to unilaterally refuse the Services by sending a written notice of his desire to terminate the Agreement within 15 (Fifteen) calendar days from the moment of receiving the notification, in this case the Agreement ceases to be effective from the moment of entry due to changes. Upon receipt by the Contractor of an official notification, after the changes enter into force, the Agreement shall cease to be effective from the moment of receipt of this notification. services received by the Customer from the date of entry into force of the changes up to and including the date of receipt of such notification are determined taking into account the changes made.

Absence within 10 (ten) calendar days of a written refusal to continue work under the new conditions is considered the customer's consent to the specified changes

7.2. All information about the proposed changes is published on the website of the EXECUTIVE. All types of e-mail messages are sent by the Contractor to the e-mail addresses indicated in the billing and recognized by the Parties as official correspondence within the framework of this Agreement.

7.3. The Agreement remains in force in the event of a change in the details of the Parties, including a change in the name of the Parties, location, etc. In the event of a change of details, the Parties are obliged to notify each other within 10 days. At the same time, the CUSTOMER is obliged to notify the CONTRACTOR by sending a notification by e-mail, and the CONTRACTOR - by placing the relevant information in the billing, as well as by sending a notification by e-mail.

7.4. This Agreement is drawn up in the Ukrainian language, in two (2) copies, each of which has the same legal force. The Agreement contains the final and complete terms of the Agreement of the Parties and replaces all previous correspondence and previous negotiations of the Parties on its subject.

7.5. All disputed issues are subject to settlement through negotiations. If the resolution of disputes and disagreements through negotiations is impossible, the parties have agreed that consideration of disputes related to the execution of this contract is carried out in the court at the place of conclusion of this contract.

The location of the Contractor is considered the place of conclusion of the contract.

In matters not regulated by the contract, the parties are governed by the legislation of Ukraine.

7.6. The parties under this Agreement recognize the legal force of the texts of documents received by means of e-mail and through a personal account.

7.7. In the event that the Parties have doubts about receiving and (or) sending messages by e-mail and other actions related to the use of the Customer's interfaces, reliable evidence of the above events will be the information contained in the CONTRACTOR's archive service.

7.8. Restrictions are set on the Contractor's servers, designed to prevent clients from exceeding the set limits on the use of resources, in order to ensure normal working conditions for all clients.

8. CIRCUMSTANCES OF FORCE MAJEURE
8.1. The parties are not responsible for non-performance (improper performance) of their obligations, if the non-performance (improper performance) was caused by circumstances of force majeure (force majeure).

8.2. The party, whose fulfillment of obligations is prevented by the relevant circumstances, shall notify the other party of the occurrence of force majeure circumstances within three days from the moment of occurrence of such circumstances.

8.3. The term of performance of obligations is proportionally transferred to the term of force majeure circumstances and their consequences, unless otherwise stipulated by an additional agreement of the parties.

9. PROCEDURE FOR CONTACTING THE SUPPORT SERVICE
9.1. The technical support service ensures the functionality of the services and at the same time processes the requests received from customers by e-mail or through the support center.

9.2. The technical support service is not obliged to consult on issues of programming, web design, settings of scripts and client programs. Such consultations can be provided by additional agreement.

9.3. Requests through other channels (in particular, messengers) are not official. Messengers and similar means are considered only as a means of personal communication.

9.4. Before sending a question to technical support, read the answers to frequently asked questions in our knowledge base.

9.5. When contacting the support service, always specify your login and site, so that you do not have to waste time clarifying this information.

9.6. When making a request to technical support, collect the most complete information about your problem, preferably with an indication of the errors received.

9.7. Requests to change data or settings are accepted only from the contact e-mail address specified in the billing.

10. CONSENT TO PERSONAL DATA PROCESSING

10.1. By signing this contract, the CUSTOMER gives his consent to the processing of his personal data (including: collection, storage, systematization, change, deletion, use, distribution, depersonalization, blocking).
The purpose of using personal data and their further processing is to provide the client with the services provided by the service.

10.2. The CONTRACTOR undertakes to process the client's personal data in strict accordance with the legislation of Ukraine on the protection of personal data.

10.3. The CUSTOMER agrees that the CONTRACTOR has the right to restrict access to his personal data for the purposes of transfer (including cross-border) to other entities of the domain name registration market.

10.4. Likewise, the client agrees that the CONTRACTOR has the right to transfer his data to other subjects of the domain name registration market in an impersonal form.

10.5. Withdrawal of consent to the processing of personal data can be carried out by sending the appropriate order in a simple written form to the address of the service. At the same time, the CUSTOMER agrees that such feedback may cause the following consequences:

(a) refusal by the CONTRACTOR to provide services due to the impossibility of their performance without the specified data

(b) deletion of the domain name, if it is impossible to support it without the availability of such data in the service

10.6. With this consent, the Client instructs the Contractor as the Registrar to publish his personal data in the databases of relevant services in open access on the Internet, necessary for the operation of services, services, domains.

10.7. The client agrees that his personal data may be transferred to another Registrar or Administrator of a public domain, in case the performed operation requires identification of the client as the owner of the domain name.

10.8. The client's rights in relation to his personal data are defined in Article 8 of the Law of Ukraine "On Protection of Personal Data".

11. DETAILS OF THE PARTIES