Service provision Contract
1. GENERAL PROVISIONS
1.1. The definitions used in this Contract:
"We", "ours", "us" – is related to the Contractor.
"You", "client", "user" - is related to the Customer.
"Server account" - the account which was created on the server for the services management, and which allows to add and edit domains/sub domains, databases, mailboxes, and other functions which has the control panel on the server.
"Login" - a unique set of letters and/or figures which is necessary for access to the website, to access the billing management system services.
"Hosting", "VIP Hosting» – the service for provision of computing virtual capacities, which limits and restrictions are specified in the tariff plan designed for physical placement of information on the server which is constantly in the Internet.
"Dedicated server" — set of the virtual hardware such as hard drive with installed operational system, random access memory, processor, the dedicated IP address, the Internet connection.
"The virtual server", "VDS/VPS" — set of partially virtual hardware as the virtual hard drive with installed operational system, random access memory, the processor, the dedicated IP address, the Internet connection.
"Processor, CPU" - The central part of the computer which is carrying out the transformations of information set by the program and exercising control of all computing process.
"Physical hard drive" - the memorable hardware device storing data.
"Virtual hard drive" - the memorable virtual device storing data.
"Virtual/random access memory, RAM" – the random-access memory device storing the executing machine code.
"Tariff plan" – the form of commercial offer within which specifies the list of services and the cost of this offer is determined as a single whole.
"Internet service provider" - the company providing the Internet access services.
"The dedicated IP address" - the unique network address of a node in the computer network based on a stack of protocols of TCP/IP.
"FTP" - is one of basic protocols of file transfer, designed for the file transfer between computers within the network.
"Guaranteed Internet connection" – minimum guaranteed Internet connection specified in a tariff plan.
"Dynamic Internet connection" – the Internet connection speed which may fluctuate, and it can be faster or slower than it is specified in the tariff plan.
"Data center, DPC, DPC" - specialized premises / place / building for the data-processing center in which the physical dedicated servers are located.
"Domain name, the domain" - a rentable unique name on the Internet for a certain term which is registered by means of the registrar of the domain. It is assigned to a certain physical or legal person and become its private property within the period of registration of the domain.
"Email" - technology and the services for send and receipt of the electronic messages called "emails" within the computer network (including global).
"Verification" – check of the personal data which was provided by the Customer on the website of the Contractor. Data verification may be performed during registration of the domain, unscheduled inspection of the account, official request of law enforcement bodies or in case of violation of this Contract. Verification is performed in order specified in this Contract.
"Phishing" - a type of Internet fraud through which the fraudster tries to get access to the confidential data of the user like logins and passwords. It is got achieved through the sending of big number of emails on behalf of popular brand and through sending of personal messages within messaging services on behalf of banks for example or within social networks. Such emails and messages usually content the link to the site which is undistinguishable from the real one or to the redirect site. When the user reaches such fake webpage the fraudsters with the use of social engineering try to make the user to type in his or her login and password which the user uses to get access to the real website on the fake webpage, which allows the fraudster to get access to the user’s accounts.
"Carding" – is a type of fraud through which transactions with the use of credit card or its details are performed without user’s authorization and approval.
"Tor" – is a proxy servers’ system which allows anonymous network connection.
"Mining" – is a type of activity on the creation of the new structures (usually blockchains) used for the operability of the cryptocurrency platforms.
"Feedback" – is a type of message sending through the feedback form on the company’s website.
"Ticket system" – is a type of communication between the user and technical support on the company’s website. After creation of the first feedback message a unique id number is assigned by which the user may track the correspondence as well as conduct a dialogue.
"Billing system" - is the group of processes and solutions of company’s website that are responsible to collect consumption data calculate charging and billing information, produce bills to customers, process their payments and manage communication with the company’s representatives.
"Internal balance" – is an account within the billing system with the deposit functionality and which may be used for the payment for services.
1.2. The public offer contract on provision of services is hereinafter referred to as "Contract", concluded between International Business Company LTD which acts on the basis of the certificates on the state registration No. 129274, (hereinafter "Contractor"), and you as a natural and/or legal entity (hereinafter "Customer"). This Contract comes into force from the moment of its acquaintance in full and all additional Applications, upon registration and acceptance on the website of the Contractor.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Obligations of the Contractor
2.1.1. To perform obligations related to the services provision at the high high-quality level.
2.1.2. To provide the round-the-clock storage, maintenance and monitoring of operability of the equipment on which the Customer's resources, which within duration of the Contract are placed.
2.1.3. To provide services in accordance to the ordered and paid services.
2.1.4. Not later than in 24 hours to notify the Customer about scheduled maintenance work, by sending notification via e-mail to the Customer. The cases when there is no opportunity to notify the Customer in advance, include situations specified in clause 8.1 of this Contract.
2.1.5. To protect confidentiality of information related to the Customer obtained from him during registration on the website of the Contractor and to protect privacy of the correspondence.
2.1.6. To publish the official reports related to the provision the Customer with services and information about change of rates for payment on the website of the Contractor.
2.1.7. To interfere with operability of the server account only upon the Customer’s request, and not to break the operability of the websites and additional services.
2.2. Obligations of the Customer
2.2.1. To provide reliable information on the website of the Contractor, if it is required for the service provision and to notify about their change.
2.2.2. To provide scans or photos of the documents (passport, driver license, etc.) upon the Contractor’s request, which are required for the Customer’s Verification. Photos and scans of documents must be taken with paper where Customer’s Login and current date are written to avoid forgery.
2.2.3. Timely and in full to pay for services of the Contractor in accordance with the chosen tariff plan. Customer is obliged to pay for services of the Contractor only from the face which was specified in case of registration in contact and/or billing information. The customer undertakes to study independently information on terms of service and rates on the website of the Contractor.
2.2.4. To use services in the legal purposes, in compliance with the legislation of the country where the website is located and to comply with the international legislation.
2.2.5. Not to shift to Contractor the responsibility related to any claim arose within the of use of the services, responsibility for debts, losses, costs and expenses, including all court expenses, lawyers’ expenses which resulted from the court proceeding and court decision which directly or indirectly are related to the services of the Contractor.
2.2.6. To independently take all necessary measures required for data protection of the server account of the Customer.
2.2.7. Not to use services for spam, a phishing, mining (except for dedicated servers), violations of an author's right, breakings, Tor network, torrent, hacking, carting, fraud of any type, violation of any other commonly accepted moral standards.
2.3. Rights of the Contractor
2.3.1. Temporary or in accordance with terms of this Contract, to completely stop provision of services to the Customer in case of absence of payment for services within the terms established by the Contractor.
2.3.2. Contractor has the right to request from the Customer scans or photos of documents (passport, driver license, etc.) required for the Verification of the Customer. In case when the Customer does not provide requested scans or photos of documents within 48 hours after receipt of the relevant request the Contractor has a right to refuse in the service provision and to terminate the Contract unilaterally.
2.3.3. The Contractor has the right to terminate the Contract unilaterally, by sending the written electronic notification, in case of violation by the Customer of terms of this Contract. Date of the Contract termination shall be the date of the sending of the relevant message to the Customer.
2.3.4. In case of the increased (above-standard) requirements of the Customer to hardware and software that could affect operability of infrastructure of the Contractor, the Contractor has the right to freeze the account of the Customer.
2.3.5. The Contractor has a right to disclose Customer’s personal data, in cases of clear violation of this Contract and in case of receipt of official request from law enforcement bodies.
2.3.6. To clarify the purposes of the services use by the Customer, perform inspection without prior notification to determine violations of this Contract.
2.4. When detecting the abuse of the provided services or in case of violation of this Contract, Contractor has the right to stop services provision without prior notification of the Customer.
2.4.1. To stop access to services and/or to terminate the Contract unilaterally without prior notification in case of violations of clauses 2.2.1-2.2.7 of this Agreement.
2.5. Rights of the Customer
2.5.1. To require from the Contractor the provision of services in accordance with the terms of this Contract.
2.5.2. To inform the Contractor of the requirement and a intends related to the quality of the provided services.
2.5.3. To get the advice required for use of services.
2.5.4. To deposit the Internal balance for the invoices payment on the Contractor’s website and through the Billing system.
2.5.5. To terminate this Contract at any time unilaterally.
3. RESPONSIBILITY OF THE PARTIES
3.1. Responsibility of the Contractor:
3.1.1. The Contractor is not responsible for quality of public communication channels through which the access to services is provided.
3.1.2. The Contractor is not responsible for any expenses or losses, suffered by the Customer in a direct or indirect way when using services.
3.1.3. The Contractor is not responsible for non-performance or for improper performance of its obligations in cases when such non-performance or proper performance of obligations occurred as the result of force-majeure circumstances. These circumstances are specified in chapter 8, stealing or damages caused by malfunctions of lines and station constructions or because of the Customer.
3.1.4. The Contractor is not responsible for safety and legal support of information which is on the website (websites) and/or in the database and/or FTP and/or server of the Customer. Each Customer is obliged to independently organize backups to a third-party infrastructure (network) server.
3.1.5. The Contractor is not responsible for the notice of any third parties on the lack of the Customer’s access, and for possible consequences which resulted from such deprivation.
3.1.6. The Contractor cannot be a defendant or the codefendant in any liabilities and expenses connected with violation of provisions of this Contract by the Customer or other persons who use Login and the password of the Customer, the Customer or other persons connected with use of services, with placement or transfer of any message, information, software or other materials in network who use hos or her personal data, Login and the Password.
3.1.7. The Contractor is not responsible also for:
3.1.7.1. activities of the Customer within the server account which is determined Login of the Customer;
3.1.7.2. interruptions in provision of services if they were caused by actions of the Customer and/or of the third party;
3.1.7.3. any damage caused to the Customer as a result of use of services of the Contractor including cases when the Contractor was notified on a possibility of such damages;
3.1.7.4. content, reliability and relevance of any information which is transmitted through the use of services;
3.1.7.5. operability of the equipment belonging to the Customer and/or the software which is used by the Customer;
3.1.7.6. the lost profit and/or income and also indirect and direct losses of the Customer during use or non-use (complete or partial) services of the Contractor, including cases when the Contractor was notified on a possibility of such losses;
3.1.7.7. technical condition of network to which the Customer is connected;
3.1.7.8. contents of information posted on the Customer's website;
3.1.7.9. integrity, reliability and availability of any data on the Customer’s servers during the use or non-use of the services;
3.1.7.10. reliability of any information placed on the website and servers used by the Customer and/or his or her representatives;
3.1.7.11. the problems related to the use by the Customer of any software and/or technical support;
3.1.7.12. unskilled actions of the Customer, concerning setup and operation of the ordered services;
3.1.7.13. operability of the software provided to the Customer if the Customer consciously or unintentionally broke their working capacity, removed and/or made changes in system or service files and/or settings.
3.1.8. With assistance to the Customer in registration/transfer of a domain name, the Contractor is not responsible for the terms and possible delays related to the registration/transfer, organizational and/or technological features of the registrar, including (but not limited) refusal of the registrar of registration/transfer of the domain ordered by the Customer and, under circumstances of provision by the Customer of incomplete (incorrect) data for implementation of registration/transfer of the domain. The Contractor is not responsible for possible possession of the domain by the other registrar during the period between placement of the order by the Customer and the actual execution of the order by software of the Contractor.
3.1.9. Upon provision to the Customer the service of the virtual or dedicated server the Contractor doesn't guarantee operability of system and availability of resources, in accordance to the chosen tariff plan if any changes by the Customer in settings of system and/or office files were made.
3.1.10. The Contractor is not responsible for operability and suitability of the software and the hardware developed by the third party.
3.2. Responsibility of the Customer
3.2.1. The Customer is responsible for the reliability and confidentiality of data which was specified during registration of a domain name.
3.2.2. The Customer is responsible for the safety of his/her password and for losses which can occur as a result of its unauthorized use. Upon the theft of an accounting name (login) and the password caused because of the third parties, the Customer has the right to address to support service of the Contractor for restoring access. To compensate the damage caused by such theft, the Customer shall address to the relevant investigating and law enforcement agencies.
3.2.3. The Customer is responsible also for:
3.2.3.1. violation of the law of the country where the website (server) is placed, violation of the international legislation and the commonly accepted moral standards.
3.2.3.2. violation local legislation of the Customer related to the use of Contractor’s services;
3.2.3.3. violations of the terms of this Contract, additional agreements which are the form of an integral part hereof;
3.2.3.4. non-compliance with terms and payment procedure of services.
3.3. Termination of the Contract does not reveal Customer from obligations to pay Contractor for the provided services and for the losses occurred in the result of violations of the terms of this Contract by the Customer.
3.4. When using services, the Customer have to be able to use web interfaces and have sufficient minimal skills of using the services of the Contractor.
3.5. The Customer realizes that skills of system administration are required for use of service of the virtual and dedicated server.
3.6. Customer is solely responsible for the settings of the software used by the Customer while using services of the Contractor.
4. PRICES AND PAYMENT PROCEDURE
4.1. The prices provided to the Customer are determined in relation with the current rates specified on the official site of the Contractor.
4.2. All prices on the official site of the Contractor are given in US dollars. The dollar equivalent of cost of services expressed in conventional units is calculated on the rate established by the Contractor. The Contractor has the right, without prior notification of the Customer, to unilaterally change exchange rates for the purpose of determination of a dollar equivalent of cost of services according to this Contract.
4.3. The Customer is solely responsible for correctness and timely payment of invoices during the specified period. Unpaid or unproperly paid service shall be automatically deleted from the Contractor’s network.
4.4. In case of payment of invoices through the bank, terminals, payment services, the Customer takes the responsibility for commission expenses.
4.5. In case of non-deliverance of payment through an automated system of payment on the official site of the Contractor, the Customer undertakes to inform the Contractor, on the absence of fact of the payment of invoice and to give information by means of which the Contractor can check the payment.
4.6. In case of payment of invoice by direct transfer to the account of the Contractor, through exchange service, other semi-automatic services of payment, the Customer undertakes to inform the Contractor on payment of invoice.
4.7. When changing the details Contractor undertakes to inform the Customer by e-mail, or through the post on the official site of the Contractor in the news form. The Customer is solely responsible for payment to the old payment details.
4.8. The Customer may terminate the Contract with obligation to return of the remained money at any time. In this case the Customer have to notify the Contractor by creating a ticket in the ticket-system where he or she describes the necessity the order cancel and money return. Payments for the discount services or tariffs, domain names, dedicated servers may be not returned, on the circumstances which are not depending on the Contractor. In cases of absence of violations of this Contract payments shall be returned within 1-14 days. Payment shall return to the account in the sender's currency. In case of such return, the possible commission fees of the payment gateway shall be calculated. In case of lack of information for the payment execution money may be delivered to the Internal account.
4.9. The contractor has the right to unilaterally change service prices, to make new tariff plans without prior notice.
4.10. The termination of provision of services and termination of the Contract doesn't reveal the Customer from debt repayment.
5. ACCOMPLISHMENT TERMS
5.1. All services of domain names, virtual server and a hosting are processed in the automatic mode, some of services such as dedicated server and the accompanying services related to domain names, a hosting, the dedicated server and separate services of licenses, certificates may be processed in semi-automatic mode, with the advance approval.
5.2. Report term by the next period of payment begins to be considered with a service payment date.
5.3. The term of activation of services can be detained in cases not of a grasp of places, approaches of the public holidays, the days off, circumstances which aren't depending on the Contractor.
Service provision Contract
1. GENERAL PROVISIONS
1.1. The definitions used in this Contract:
"We", "ours", "us" – is related to the Contractor.
"You", "client", "user" - is related to the Customer.
"Server account" - the account which was created on the server for the services management, and which allows to add and edit domains/sub domains, databases, mailboxes, and other functions which has the control panel on the server.
"Login" - a unique set of letters and/or figures which is necessary for access to the website, to access the billing management system services.
"Hosting", "VIP Hosting» – the service for provision of computing virtual capacities, which limits and restrictions are specified in the tariff plan designed for physical placement of information on the server which is constantly in the Internet.
"Dedicated server" — set of the virtual hardware such as hard drive with installed operational system, random access memory, processor, the dedicated IP address, the Internet connection.
"The virtual server", "VDS/VPS" — set of partially virtual hardware as the virtual hard drive with installed operational system, random access memory, the processor, the dedicated IP address, the Internet connection.
"Processor, CPU" - The central part of the computer which is carrying out the transformations of information set by the program and exercising control of all computing process.
"Physical hard drive" - the memorable hardware device storing data.
"Virtual hard drive" - the memorable virtual device storing data.
"Virtual/random access memory, RAM" – the random-access memory device storing the executing machine code.
"Tariff plan" – the form of commercial offer within which specifies the list of services and the cost of this offer is determined as a single whole.
"Internet service provider" - the company providing the Internet access services.
"The dedicated IP address" - the unique network address of a node in the computer network based on a stack of protocols of TCP/IP.
"FTP" - is one of basic protocols of file transfer, designed for the file transfer between computers within the network.
"Guaranteed Internet connection" – minimum guaranteed Internet connection specified in a tariff plan.
"Dynamic Internet connection" – the Internet connection speed which may fluctuate, and it can be faster or slower than it is specified in the tariff plan.
"Data center, DPC, DPC" - specialized premises / place / building for the data-processing center in which the physical dedicated servers are located.
"Domain name, the domain" - a rentable unique name on the Internet for a certain term which is registered by means of the registrar of the domain. It is assigned to a certain physical or legal person and become its private property within the period of registration of the domain.
"Email" - technology and the services for send and receipt of the electronic messages called "emails" within the computer network (including global).
"Verification" – check of the personal data which was provided by the Customer on the website of the Contractor. Data verification may be performed during registration of the domain, unscheduled inspection of the account, official request of law enforcement bodies or in case of violation of this Contract. Verification is performed in order specified in this Contract.
"Phishing" - a type of Internet fraud through which the fraudster tries to get access to the confidential data of the user like logins and passwords. It is got achieved through the sending of big number of emails on behalf of popular brand and through sending of personal messages within messaging services on behalf of banks for example or within social networks. Such emails and messages usually content the link to the site which is undistinguishable from the real one or to the redirect site. When the user reaches such fake webpage the fraudsters with the use of social engineering try to make the user to type in his or her login and password which the user uses to get access to the real website on the fake webpage, which allows the fraudster to get access to the user’s accounts.
"Carding" – is a type of fraud through which transactions with the use of credit card or its details are performed without user’s authorization and approval.
"Tor" – is a proxy servers’ system which allows anonymous network connection.
"Mining" – is a type of activity on the creation of the new structures (usually blockchains) used for the operability of the cryptocurrency platforms.
"Feedback" – is a type of message sending through the feedback form on the company’s website.
"Ticket system" – is a type of communication between the user and technical support on the company’s website. After creation of the first feedback message a unique id number is assigned by which the user may track the correspondence as well as conduct a dialogue.
"Billing system" - is the group of processes and solutions of company’s website that are responsible to collect consumption data calculate charging and billing information, produce bills to customers, process their payments and manage communication with the company’s representatives.
"Internal balance" – is an account within the billing system with the deposit functionality and which may be used for the payment for services.
1.2. The public offer contract on provision of services is hereinafter referred to as "Contract", concluded between International Business Company LTD which acts on the basis of the certificates on the state registration No. 129274, (hereinafter "Contractor"), and you as a natural and/or legal entity (hereinafter "Customer"). This Contract comes into force from the moment of its acquaintance in full and all additional Applications, upon registration and acceptance on the website of the Contractor.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Obligations of the Contractor
2.1.1. To perform obligations related to the services provision at the high high-quality level.
2.1.2. To provide the round-the-clock storage, maintenance and monitoring of operability of the equipment on which the Customer's resources, which within duration of the Contract are placed.
2.1.3. To provide services in accordance to the ordered and paid services.
2.1.4. Not later than in 24 hours to notify the Customer about scheduled maintenance work, by sending notification via e-mail to the Customer. The cases when there is no opportunity to notify the Customer in advance, include situations specified in clause 8.1 of this Contract.
2.1.5. To protect confidentiality of information related to the Customer obtained from him during registration on the website of the Contractor and to protect privacy of the correspondence.
2.1.6. To publish the official reports related to the provision the Customer with services and information about change of rates for payment on the website of the Contractor.
2.1.7. To interfere with operability of the server account only upon the Customer’s request, and not to break the operability of the websites and additional services.
2.2. Obligations of the Customer
2.2.1. To provide reliable information on the website of the Contractor, if it is required for the service provision and to notify about their change.
2.2.2. To provide scans or photos of the documents (passport, driver license, etc.) upon the Contractor’s request, which are required for the Customer’s Verification. Photos and scans of documents must be taken with paper where Customer’s Login and current date are written to avoid forgery.
2.2.3. Timely and in full to pay for services of the Contractor in accordance with the chosen tariff plan. Customer is obliged to pay for services of the Contractor only from the face which was specified in case of registration in contact and/or billing information. The customer undertakes to study independently information on terms of service and rates on the website of the Contractor.
2.2.4. To use services in the legal purposes, in compliance with the legislation of the country where the website is located and to comply with the international legislation.
2.2.5. Not to shift to Contractor the responsibility related to any claim arose within the of use of the services, responsibility for debts, losses, costs and expenses, including all court expenses, lawyers’ expenses which resulted from the court proceeding and court decision which directly or indirectly are related to the services of the Contractor.
2.2.6. To independently take all necessary measures required for data protection of the server account of the Customer.
2.2.7. Not to use services for spam, a phishing, mining (except for dedicated servers), violations of an author's right, breakings, Tor network, hacking, carting, fraud of any type, violation of any other commonly accepted moral standards.
2.3. Rights of the Contractor
2.3.1. Temporary or in accordance with terms of this Contract, to completely stop provision of services to the Customer in case of absence of payment for services within the terms established by the Contractor.
2.3.2. Contractor has the right to request from the Customer scans or photos of documents (passport, driver license, etc.) required for the Verification of the Customer. In case when the Customer does not provide requested scans or photos of documents within 48 hours after receipt of the relevant request the Contractor has a right to refuse in the service provision and to terminate the Contract unilaterally.
2.3.3. The Contractor has the right to terminate the Contract unilaterally, by sending the written electronic notification, in case of violation by the Customer of terms of this Contract. Date of the Contract termination shall be the date of the sending of the relevant message to the Customer.
2.3.4. In case of the increased (above-standard) requirements of the Customer to hardware and software that could affect operability of infrastructure of the Contractor, the Contractor has the right to freeze the account of the Customer.
2.3.5. The Contractor has a right to disclose Customer’s personal data, in cases of clear violation of this Contract and in case of receipt of official request from law enforcement bodies.
2.3.6. To clarify the purposes of the services use by the Customer, perform inspection without prior notification to determine violations of this Contract.
2.4. When detecting the abuse of the provided services or in case of violation of this Contract, Contractor has the right to stop services provision without prior notification of the Customer.
2.4.1. To stop access to services and/or to terminate the Contract unilaterally without prior notification in case of violations of clauses 2.2.1-2.2.7 of this Agreement.
2.5. Rights of the Customer
2.5.1. To require from the Contractor the provision of services in accordance with the terms of this Contract.
2.5.2. To inform the Contractor of the requirement and a intends related to the quality of the provided services.
2.5.3. To get the advice required for use of services.
2.5.4. To deposit the Internal balance for the invoices payment on the Contractor’s website and through the Billing system.
2.5.5. To terminate this Contract at any time unilaterally.
3. RESPONSIBILITY OF THE PARTIES
3.1. Responsibility of the Contractor:
3.1.1. The Contractor is not responsible for quality of public communication channels through which the access to services is provided.
3.1.2. The Contractor is not responsible for any expenses or losses, suffered by the Customer in a direct or indirect way when using services.
3.1.3. The Contractor is not responsible for non-performance or for improper performance of its obligations in cases when such non-performance or proper performance of obligations occurred as the result of force-majeure circumstances. These circumstances are specified in chapter 8, stealing or damages caused by malfunctions of lines and station constructions or because of the Customer.
3.1.4. The Contractor is not responsible for safety and legal support of information which is on the website (websites) and/or in the database and/or FTP and/or server of the Customer. Each Customer is obliged to independently organize backups to a third-party infrastructure (network) server.
3.1.5. The Contractor is not responsible for the notice of any third parties on the lack of the Customer’s access, and for possible consequences which resulted from such deprivation.
3.1.6. The Contractor cannot be a defendant or the codefendant in any liabilities and expenses connected with violation of provisions of this Contract by the Customer or other persons who use Login and the password of the Customer, the Customer or other persons connected with use of services, with placement or transfer of any message, information, software or other materials in network who use hos or her personal data, Login and the Password.
3.1.7. The Contractor is not responsible also for:
3.1.7.1. activities of the Customer within the server account which is determined Login of the Customer;
3.1.7.2. interruptions in provision of services if they were caused by actions of the Customer and/or of the third party;
3.1.7.3. any damage caused to the Customer as a result of use of services of the Contractor including cases when the Contractor was notified on a possibility of such damages;
3.1.7.4. content, reliability and relevance of any information which is transmitted through the use of services;
3.1.7.5. operability of the equipment belonging to the Customer and/or the software which is used by the Customer;
3.1.7.6. the lost profit and/or income and also indirect and direct losses of the Customer during use or non-use (complete or partial) services of the Contractor, including cases when the Contractor was notified on a possibility of such losses;
3.1.7.7. technical condition of network to which the Customer is connected;
3.1.7.8. contents of information posted on the Customer's website;
3.1.7.9. integrity, reliability and availability of any data on the Customer’s servers during the use or non-use of the services;
3.1.7.10. reliability of any information placed on the website and servers used by the Customer and/or his or her representatives;
3.1.7.11. the problems related to the use by the Customer of any software and/or technical support;
3.1.7.12. unskilled actions of the Customer, concerning setup and operation of the ordered services;
3.1.7.13. operability of the software provided to the Customer if the Customer consciously or unintentionally broke their working capacity, removed and/or made changes in system or service files and/or settings.
3.1.8. With assistance to the Customer in registration/transfer of a domain name, the Contractor is not responsible for the terms and possible delays related to the registration/transfer, organizational and/or technological features of the registrar, including (but not limited) refusal of the registrar of registration/transfer of the domain ordered by the Customer and, under circumstances of provision by the Customer of incomplete (incorrect) data for implementation of registration/transfer of the domain. The Contractor is not responsible for possible possession of the domain by the other registrar during the period between placement of the order by the Customer and the actual execution of the order by software of the Contractor.
3.1.9. Upon provision to the Customer the service of the virtual or dedicated server the Contractor doesn't guarantee operability of system and availability of resources, in accordance to the chosen tariff plan if any changes by the Customer in settings of system and/or office files were made.
3.1.10. The Contractor is not responsible for operability and suitability of the software and the hardware developed by the third party.
3.2. Responsibility of the Customer
3.2.1. The Customer is responsible for the reliability and confidentiality of data which was specified during registration of a domain name.
3.2.2. The Customer is responsible for the safety of his/her password and for losses which can occur as a result of its unauthorized use. Upon the theft of an accounting name (login) and the password caused because of the third parties, the Customer has the right to address to support service of the Contractor for restoring access. To compensate the damage caused by such theft, the Customer shall address to the relevant investigating and law enforcement agencies.
3.2.3. The Customer is responsible also for:
3.2.3.1. violation of the law of the country where the website (server) is placed, violation of the international legislation and the commonly accepted moral standards.
3.2.3.2. violation local legislation of the Customer related to the use of Contractor’s services;
3.2.3.3. violations of the terms of this Contract, additional agreements which are the form of an integral part hereof;
3.2.3.4. non-compliance with terms and payment procedure of services.
3.3. Termination of the Contract does not reveal Customer from obligations to pay Contractor for the provided services and for the losses occurred in the result of violations of the terms of this Contract by the Customer.
3.4. When using services, the Customer have to be able to use web interfaces and have sufficient minimal skills of using the services of the Contractor.
3.5. The Customer realizes that skills of system administration are required for use of service of the virtual and dedicated server.
3.6. Customer is solely responsible for the settings of the software used by the Customer while using services of the Contractor.
4. PRICES AND PAYMENT PROCEDURE
4.1. The prices provided to the Customer are determined in relation with the current rates specified on the official site of the Contractor.
4.2. All prices on the official site of the Contractor are given in US dollars. The dollar equivalent of cost of services expressed in conventional units is calculated on the rate established by the Contractor. The Contractor has the right, without prior notification of the Customer, to unilaterally change exchange rates for the purpose of determination of a dollar equivalent of cost of services according to this Contract.
4.3. The Customer is solely responsible for correctness and timely payment of invoices during the specified period. Unpaid or unproperly paid service shall be automatically deleted from the Contractor’s network.
4.4. In case of payment of invoices through the bank, terminals, payment services, the Customer takes the responsibility for commission expenses.
4.5. In case of non-deliverance of payment through an automated system of payment on the official site of the Contractor, the Customer undertakes to inform the Contractor, on the absence of fact of the payment of invoice and to give information by means of which the Contractor can check the payment.
4.6. In case of payment of invoice by direct transfer to the account of the Contractor, through exchange service, other semi-automatic services of payment, the Customer undertakes to inform the Contractor on payment of invoice.
4.7. When changing the details Contractor undertakes to inform the Customer by e-mail, or through the post on the official site of the Contractor in the news form. The Customer is solely responsible for payment to the old payment details.
4.8. The Customer may terminate the Contract with obligation to return of the remained money at any time. In this case the Customer have to notify the Contractor by creating a ticket in the ticket-system where he or she describes the necessity the order cancel and money return. Payments for the discount services or tariffs, domain names, dedicated servers may be not returned, on the circumstances which are not depending on the Contractor. In cases of absence of violations of this Contract payments shall be returned within 1-14 days. Payment shall return to the account in the sender's currency. In case of such return, the possible commission fees of the payment gateway shall be calculated. In case of lack of information for the payment execution money may be delivered to the Internal account.
4.9. The contractor has the right to unilaterally change service prices, to make new tariff plans without prior notice.
4.10. The termination of provision of services and termination of the Contract doesn't reveal the Customer from debt repayment.
5. ACCOMPLISHMENT TERMS
5.1. All services of domain names, virtual server and a hosting are processed in the automatic mode, some of services such as dedicated server and the accompanying services related to domain names, a hosting, the dedicated server and separate services of licenses, certificates may be processed in semi-automatic mode, with the advance approval.
5.2. Report term by the next period of payment begins to be considered with a service payment date.
5.3. The term of activation of services can be detained in cases not of a grasp of places, approaches of the public holidays, the days off, circumstances which aren't depending on the Contractor.
6. DISPUTES RESOLUTION
6.1. All the disputes and disagreements resulted within performance of this Contract, the parties solve through negotiations.
6.2. Consideration of the claims to the Contractor related to the provision of services is performed on condition of the written conclusion of this Contract, presentation by the Customer of the relevant financial records which confirm payment for the services.
6.3. For the purpose of the resolution of technical issues to determine the Customer’s fault in case of his or her illegal actions when using the services of the Contractor, the Contractor has the right to independently engage competent organizations as experts.
7. MOMENT OF SIGNING OF THE CONTRACT. DURATION. AMENDMENT AND TERMINATION
7.1. The Contract is considered as concluded and comes into force from the moment of payment for services deliverance on the website of the Contractor.
7.2. The validity period of the Contract is indefinite and stays in force within the specified period in case full and proper payment for the services by the Customer.
7.3. This Contract may amended by the Contractor unilaterally, the Contractor informs the Customer on the made changes by notification via email, the Contractor doesn't bear responsibility for delivery of this notification to the Customer.
8. FORCE MAJEURE
8.1. None of the parties is responsible for non-performance or incomplete performance of conditions of this Contract, in cases of inevitable actions resulted from the force majeure circumstances about which the parties could not foreknow and/or couldn't expect them. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, salt flows, avalanches, eruptions of volcanoes and other natural cataclysms; wars, revolutions, coups, strikes, diversionary and acts of terrorism, robberies, bankruptcy of the company, accident in DPC, mistakes made by the third-party software developers, change of the legislation, action of state bodies and their officials if these circumstances directly or indirectly influence execution of this Contract.
8.2. The party which realizes approach of such circumstances, shall immediately report about it other party.
8.3. Execution of this Contract shall be fully or partially stopped for the period of action of such circumstances. If action of force majeure circumstances continues more than three months, then the Contract shall be considered as terminated.
9. FINAL PROVISIONS
9.1. On all questions which aren't settled by this agreement, the parties are guided by the international legislation.
9.2. Additions to this Agreement are:
Rules of registration of domain names - the Application 1
Regulations of information service of support - the Application 2
The partner program - the Application 3
The notification on responsibility of Web Money Transfer payment provider - the Application 4
6. DISPUTES RESOLUTION
6.1. All the disputes and disagreements resulted within performance of this Contract, the parties solve through negotiations.
6.2. Consideration of the claims to the Contractor related to the provision of services is performed on condition of the written conclusion of this Contract, presentation by the Customer of the relevant financial records which confirm payment for the services.
6.3. For the purpose of the resolution of technical issues to determine the Customer’s fault in case of his or her illegal actions when using the services of the Contractor, the Contractor has the right to independently engage competent organizations as experts.
7. MOMENT OF SIGNING OF THE CONTRACT. DURATION. AMENDMENT AND TERMINATION
7.1. The Contract is considered as concluded and comes into force from the moment of payment for services deliverance on the website of the Contractor.
7.2. The validity period of the Contract is indefinite and stays in force within the specified period in case full and proper payment for the services by the Customer.
7.3. This Contract may amended by the Contractor unilaterally, the Contractor informs the Customer on the made changes by notification via email, the Contractor doesn't bear responsibility for delivery of this notification to the Customer.
8. FORCE MAJEURE
8.1. None of the parties is responsible for non-performance or incomplete performance of conditions of this Contract, in cases of inevitable actions resulted from the force majeure circumstances about which the parties could not foreknow and/or couldn't expect them. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, salt flows, avalanches, eruptions of volcanoes and other natural cataclysms; wars, revolutions, coups, strikes, diversionary and acts of terrorism, robberies, bankruptcy of the company, accident in DPC, mistakes made by the third-party software developers, change of the legislation, action of state bodies and their officials if these circumstances directly or indirectly influence execution of this Contract.
8.2. The party which realizes approach of such circumstances, shall immediately report about it other party.
8.3. Execution of this Contract shall be fully or partially stopped for the period of action of such circumstances. If action of force majeure circumstances continues more than three months, then the Contract shall be considered as terminated.
9. FINAL PROVISIONS
9.1. On all questions which aren't settled by this agreement, the parties are guided by the international legislation.
9.2. Additions to this Agreement are:
- Policy for processing and data protection - Appendix 1
- Domain Name Registration Rules - Appendix 2
- Regulations for information service support - Appendix 3
- Affiliate program - Appendix 4
- Notice of responsibility of the payment system WebMoney Transfer - Appendix 5